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Louisiana Questions & Answers
2 Answers | Asked in Criminal Law for Louisiana on
Q: Can the state of Louisiana charge you with armed robbery, if they don’t have a victim or evidence of armed robbery?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 15, 2024

Can they charge or file a bill of information? They can but it most likely would be defective if they do not have a victim alleged in the bill/charge. That said, if there is no victim and/or no evidence, then the State would not be able to convict ---I would strongly have one involved in this... View More

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2 Answers | Asked in Criminal Law for Louisiana on
Q: Can the state of Louisiana charge you with armed robbery, if they don’t have a victim or evidence of armed robbery?
Brent Stockstill
Brent Stockstill
answered on Mar 15, 2024

The state can always charge you. If the issue is proof of an element a trial is required. technical deficiencies can be handled by o motion to quash. the motion to quash if granted would end the prosecution. The ability of the state to prove what they claim is an issue for the jury to decide.

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1 Answer | Asked in Criminal Law and Federal Crimes for Louisiana on
Q: Yes I literally just got out of jail yesterday due to Bank Fraud which was a huge mistake it was only $881

I’m just wondering what’s next besides court !!! This is literally my first time ever :(

James L. Arrasmith
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answered on Mar 14, 2024

I'm sorry to hear about your situation. Facing charges for the first time can be overwhelming and confusing, but understanding what comes next is a step in the right direction. Besides court, it's important to prepare yourself both legally and personally. Engaging a lawyer experienced in... View More

1 Answer | Asked in Collections for Louisiana on
Q: What can I do if i have a default judgment against me and i had no type of knowledge of this judgement against.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 13, 2024

You need to immediately discuss this with a lawyer in your area. Depending on when the judgment was signed you may have some appellate rights. If the time period has passed for you to exercise those appeallate rights then you have an option or two but it depends on what happened which would best... View More

1 Answer | Asked in Divorce, Personal Injury and Family Law for Louisiana on
Q: When divorced a settlement was had . But spouse refused to give my share even when my name as her husband was on the sui

Suit. Judgement was 2014 divorced in 2022 AM I entitled by Ohio law my share.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 11, 2024

If the settlement has been signed by a Judge as an Order of the Court or a Judgment of the Court, then return to Court and seek enforcement of the Judgment. If you have an attorney representing you then I advise you to contact said attorney about this. If you did not have an attorney, then please... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: What is the charge of rubbing a minors private area and the degree of offense.what are the possible consequences of this

What if the offender is a family member.

James L. Arrasmith
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answered on Mar 9, 2024

In Louisiana, rubbing a minor's private area would likely be considered sexual battery or molestation of a juvenile, depending on the specific circumstances of the case.

Sexual battery (LA RS 14:43.1):

- Intentional touching of the anus or genitals of the victim by the offender...
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1 Answer | Asked in Real Estate Law for Louisiana on
Q: How do I donate half of my home that I purchased before I married my wife to her I live in Louisiana I still owe a mortg
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 8, 2024

You can accomplish this via an Act of Donation. If you only do a standard Act of Donation, your wife would not be a party to the mortgage, however your wife would receive whatever it is you are donating (presumably 1/2 interest) subject to the mortgage and/or whatever is in the public record..... View More

1 Answer | Asked in Criminal Law and Insurance Bad Faith for Louisiana on
Q: How long does the insurance company have to settle my claim after my car was stolen and recovered?

My car was stolen on January 28th and recovered by police on feb 2nd. Someone had set it on fire. I am completely devastated and have been treated like a criminal by law enforcement from day one. I have corroborated with my insurance company giving them everything they have requested of me. I also... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 5, 2024

You are handling these matters by yourself ---in order to insulate yourself you at a minimum consult with a lawyer in your area to get a better idea of the procedure and process-----and if you so desire (and I do recommend), hire a alawyer to be your representative in this process. He can... View More

1 Answer | Asked in Business Law for Louisiana on
Q: is it by law that the bank have to give you a small business loan?

In Louisiana

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

No. A bank is not legally required to give a small business loan. SBA loans, which are a type of small business loan guaranteed by the Small Business Administration, have specific lending requirements that banks must follow. Of course, banks offer other types of small business loans as well.... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: If there is no enclosed 6ft fence does this cancel out the Louisiana statute 14:62.4 in relation to being in a backyard?

There was no gate, no barrier walking from sidewalk into the yard. There was only one dilapidated fence (well under 6ft) seperating the neighbors yard on the east side. So the rest of the property was open. Does this fact nullify Louisiana 14:62.4?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 4, 2024

More information is needed to provide a specfici answer----that said, since your post suggests something which already happened and the statute is a criminal statute, I highly recommend that you do not post anything in regards to what happened on a public board such as this-----this cona be... View More

1 Answer | Asked in Gov & Administrative Law for Louisiana on
Q: can u sue the postoffice

I am something like a whistle blower the town i live in does not deliver mail to u naturally like everywhere else in U.S. so they force you to buy a post office box to receive mail. Upon further investigation i realize that is not legal so bi email the post office and the postmaster get in touch... View More

James L. Arrasmith
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answered on Mar 3, 2024

In the United States, taking legal action against the post office, which is a federal entity, involves specific challenges and procedures due to its governmental status. Generally, suing the United States Postal Service (USPS) is allowed under certain conditions, primarily through the Federal Tort... View More

1 Answer | Asked in Tax Law and Gov & Administrative Law for Louisiana on
Q: Will Florida issue a CDL license to a licensee with an CDL license suspension in Louisiana for unpaid state taxes?

Please keep in mind, Florida has no state income tax

James L. Arrasmith
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answered on Mar 2, 2024

No, Florida will not issue a commercial driver's license (CDL) to someone who has a current CDL suspension in another state, even if it is for unpaid taxes rather than a driving-related offense.

The Federal Motor Carrier Safety Administration regulates CDLs, and under those regulations...
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1 Answer | Asked in Traffic Tickets and Civil Rights for Louisiana on
Q: License been expired 7 years now last 6 months all of a sudden now they've been suspended

So I got a ticket rope for driving under suspended suspension but I've never done anything to get a suspension so how would it change from expired to expansion without seeing the charge or getting in any trouble

James L. Arrasmith
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answered on Mar 1, 2024

It's concerning that your license went from being expired for seven years to suddenly being suspended without any apparent reason or notification. It's essential to gather as much information as possible about the situation, including any communication or documentation you may have... View More

1 Answer | Asked in Trademark and Intellectual Property for Louisiana on
Q: Since Warner Brothers holds the trademark for "BAZINGA!". Can the word bazinga be used such as BazingaCon?
James L. Arrasmith
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answered on Feb 27, 2024

Warner Brothers holds the trademark for "BAZINGA!" primarily due to its association with the popular TV show "The Big Bang Theory," where the term gained its fame. The use of "BAZINGA!" in commercial activities, especially those that might suggest an association or... View More

1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Louisiana on
Q: My wife and I have a 501c3 where we feed sick and indigent people and deliver cost to them for free. Health dept shut us

down for cooking homemade meals out of our kitchen. Looking to see what our options are to keep our ministry afloat....legally.

James L. Arrasmith
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answered on Feb 26, 2024

Facing a shutdown by the health department for cooking homemade meals in your kitchen can be disheartening, especially when your mission is to feed the sick and indigent. However, there are steps you can take to navigate this situation and continue your important work within legal boundaries.... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: How can I get my husband out of jail he is on a probation hold. He doesn't have a court date yet. He owes 1562 dollars

The 1562 dollars is his arrears for probation. And a 725 dollar ticket he had a bench warrant out for. He is willing to go to rehab. I am trying to pay his arrears will that help any

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 26, 2024

If your husband has a probation hold then he will be held until the probation hold is released---usually that involves a hearing before the Judge to determine whether or not the hold is valid and if valid then what punishment to give to your husband for violation of the probation. That said, if... View More

1 Answer | Asked in Criminal Law and Admiralty / Maritime for Louisiana on
Q: what the Admirality/Maritime RS statue for towing barges to park on private property w/o permission. I live in Louisia

Barges park on my property for lengths of time no lease.. Shine lights at my home that enterred into my windows any hour nof night. what right do I have. We own 40 acres of land and 250 feets of this property extents into the river.

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2024

A Louisiana attorney could advise best, but your question remains open for two weeks. Without knowing the reason for choosing to use your waterfront property instead of a mooring, a starting point could be to contact the towing company. It doesn't sound like a practice that the larger towing... View More

2 Answers | Asked in Employment Law, Civil Rights and Employment Discrimination for Louisiana on
Q: If salary and sick days exhausted d can my pay be reduced for calling in sick or leaving early sick

5 sick days per year and no vacation until employed over a year I've been employed 8 months I'm salary my pay has been deducted for leaving early sick or calling in sick is that allowed.

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answered on Feb 23, 2024

As an employee, your employer may have the right to reduce your pay for days you call in sick or leave early due to illness, especially if your salary and sick days have been exhausted. However, whether this reduction in pay is allowed depends on the specific terms outlined in your employment... View More

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1 Answer | Asked in Real Estate Law for Louisiana on
Q: I ask my uncle to get me a house with my money but I later get to see it that his name is on the property as owner
James L. Arrasmith
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answered on Feb 23, 2024

If you provided the funds for purchasing the house and your uncle agreed to buy it for you, it's understandable that you would expect your name to be on the property as the owner. However, if your uncle's name is the only one listed on the property, it may indicate a discrepancy between... View More

2 Answers | Asked in Employment Law for Louisiana on
Q: If salary employess and sick days exhausted can my pay be reduced
James L. Arrasmith
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answered on Feb 23, 2024

If you're a salaried employee and you've exhausted all your sick days, your pay can potentially be reduced, but this depends on your employer's policies and the labor laws in your jurisdiction. Generally, salaried employees are paid a fixed amount regardless of the number of hours... View More

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