Louisiana Constitutional Law Questions & Answers

Q: I was arrested for illegal carrying of a weapon. Could this be considered protection in a volatile situation?

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Answered on Jan 21, 2019
Ellen Cronin Badeaux's answer
Hire a criminal attorney and the next time you move a friend out of a home with a volatile partner, just call the Sheriff's Office.

Q: Can we get my son out he was charged with sexual but no evidence was given

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Legal Malpractice for Louisiana on
Answered on Nov 11, 2018
Ellen Cronin Badeaux's answer
Your son needs a criminal attorney who has a lot more details of the case.

Q: In Louisiana if you're arrested and you've been frisked in three separate occasions and had nothing on your person but

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Answered on Aug 3, 2018
Ellen Cronin Badeaux's answer
Yes and that is a common occurrance. Hire a criminal attorney.

Q: Does 120 or 180 days start at time of incarceration or when the motion is filed for speedy trial?

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Answered on Jul 20, 2018
Ellen Cronin Badeaux's answer
120 days. Call your criminal attorney. It is not a simple rule to apply. There are several variables.

Q: I was charged with illegal discharge of a firearm within the city limits but there's no proof.

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Answered on Jun 18, 2018
Ellen Cronin Badeaux's answer
Were your hands swabbed for gunpowder residue?

Q: I was arrested with a firearms not registered to me... it wasn’t reported stolen till recent but I already have been

1 Answer | Asked in Criminal Law, Constitutional Law and Municipal Law for Louisiana on
Answered on May 5, 2018
Ellen Cronin Badeaux's answer
You said your were alrwady convicted. You need to consult with a criminal attorney to get the details straight

Q: I'm from Washington Parish in Louisiana. The sheriff, Mayor of Bogalusa and several other officials and members of the

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for Louisiana on
Answered on Feb 23, 2018
Ellen Cronin Badeaux's answer
Your choices are to hire a private criminal attorney or call the public defender.

Q: can my police chief fire me for turning him in for theft?

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Louisiana on
Answered on Sep 1, 2017
William Head's answer
You have rights, relating to wrongful discharge. Contact me, for a referral, if it occurs. He will be gone soon, and may retaliate.

William Head

404-567-5515

Q: My brother was wrongfully arrested by the bossier parish sheriff's office on the account of affiliation with the suspect

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Answered on Apr 20, 2017
Glenn B. Manishin's answer
Bail him out and hire a criminal defense lawyer. If the "probable cause" for arrrest was as flimsy as you say, the charges should be dropped or reduced to a misdemeanor by the prosecuting state attorney. Handling a criminal case "pro per" (without counsel) is a recipe for disaster.

Q: Can text messaging from a witness be construed as deposition?

1 Answer | Asked in Personal Injury, Civil Litigation, Constitutional Law and Libel & Slander for Louisiana on
Answered on Mar 29, 2017
Peter N. Munsing's answer
No but it's a statement and should be saved at all costs.Phones get wet. Information gets wiped out.

Q: Should a judge recuse themselves if they were once your attorney on a previous case?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Answered on Sep 22, 2016
Paul Stanko's answer
Having been a judge, I can tell you that judges are presumed to be unbiased. If your husband was represented by counsel (and I assume he was), his attorney should have asked for recusal if he thought there was bias. If the judge then denied a request for recusal, that could be appealed to a higher court. Trying to overturn a conviction based on bias if you failed to preserve error is difficult.

Q: How does the first amendment apply with daily mail publishing case

1 Answer | Asked in Constitutional Law for Louisiana on
Answered on Oct 20, 2015
Robert Jason De Groot's answer
You have to give a bit more facts to get an answer. What is the name of the case? Wikipedia probably has an explanation.

Q: What is Writ of Habeas Corpus?

1 Answer | Asked in Constitutional Law for Louisiana on
Answered on Oct 19, 2015
Robert Jason De Groot's answer
A court order saying that someone has to turn over the body, basically.

Q: WHEN AN OPENING BRIEF IS FILED IN APPELLATE COURT, HOW LONG BEFORE IT IS DECIDED

1 Answer | Asked in Constitutional Law for Louisiana on
Answered on Oct 14, 2015
Robert Jason De Groot's answer
It is not just an opening brief that will be filed, there will be probably two more briefs filed, an answer brief and a reply brief. You asked this question over 2 years ago. Is there a decision yet?

Q: Are jurors allowed to have a written transcript in the jury room while deliberation

1 Answer | Asked in Constitutional Law for Louisiana on
Answered on Oct 10, 2015
Robert Jason De Groot's answer
Why do you ask this question? Generally, they do not have written transcripts, but can take notes, and usually have the jury instructions with them.

Q: My fiancee has a very good strong case of multiple civil right infractions he needs a good lawyer to win his case lawsui

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Louisiana on
Answered on Oct 8, 2015
Robert Jason De Groot's answer
Perhaps the American Civil Liberties Union, the Innocense Project, or the Southern Poverty Law Center can help. Contact each and find out.

Q: can someone come into me home and secret made a video?

1 Answer | Asked in Constitutional Law for Louisiana on
Answered on Sep 28, 2015
Robert Jason De Groot's answer
It depends upon the facts. Has this already happened? Basically, it is not the right question to ask if something that has already happened can happen. It already has happened. The question then becomes, what can be done about it.

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