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Louisiana Constitutional Law Questions & Answers

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Military Law for Louisiana on

Q: I have served in the Combat Zone in Desert Shield and Desert Storm. I have submitted numerous of documents supporting .

I have submitted hazardous duty tax documents.

Ellen Cronin Badeaux answered on Apr 19, 2019

Can't tell what your question is.

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on

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

I was helping a friend move it of her ex’s house. He and his parents were there and all three were larger individuals. It was just she and I if they decided to get physical. My shirt was tucked behind my holster but when the police officers arrived and I put my hands up it became untucked and... Read more »

Ellen Cronin Badeaux answered on Jan 21, 2019

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

Ellen Cronin Badeaux answered on Nov 11, 2018

Your son needs a criminal attorney who has a lot more details of the case.

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on

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

they bring your personal items into the jail

15 minutes later and find 2gms of marijuana in your bag. Can I be charged with contraband even though I didn't introduce it into the facility?

Ellen Cronin Badeaux answered on Aug 3, 2018

Yes and that is a common occurrance. Hire a criminal attorney.

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on

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

Ellen Cronin Badeaux answered on Jul 20, 2018

120 days. Call your criminal attorney. It is not a simple rule to apply. There are several variables.

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on

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

My house was searched and one of my firearm seized because law enforcement said it smelled like gunpowder. I was arrested. And then release on the $30 Bond. How can this hold up if there's no proof of me discharging a firearm. Which I did not do anyway.

Ellen Cronin Badeaux answered on Jun 18, 2018

Were your hands swabbed for gunpowder residue?

1 Answer | Asked in Criminal Law, Constitutional Law and Municipal Law for Louisiana on

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

Convicted.. and served a sentence for unlawful possession of a weapon.. I didn’t have any knowledge of it being stolen nor did I come back stolen when they ran their initial report.. am I still subject to being convicted for illegal possession?

Ellen Cronin Badeaux answered on May 5, 2018

You said your were alrwady convicted. You need to consult with a criminal attorney to get the details straight

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Louisiana on

Q: can someone who has been harassing & threatening me file a police report on someone as collateral damage?

I've been getting threatening text messages because my aunt is involved with someone who's in another relationship supposedly but she doesn't know. Now, the person is threatening to file a false police report on my boyfriend to get back at my aunt. can she do that?

Ellen Cronin Badeaux answered on Mar 18, 2018

Yes anyone can make a false claim against anyone else.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for Louisiana on

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

Members of the Sheriff's Department all knew it was a lie yet they still kicked in my door and arrested me making this my third felony I'm trying to get a job I need my record clean I have warrants for the false charges now. My mom said I stole $2,000 and I'm charged with burglary inhabited... Read more »

Ellen Cronin Badeaux answered on Feb 23, 2018

Your choices are to hire a private criminal attorney or call the public defender.

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Louisiana on

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

i'm a lieutenant in a small police department in south Louisiana. i exposed my police chief of theft and maleficence, he was arrested and also admitted to the theft. he is awaiting his trial but remains police chief until then. at this time, he has taken my police cruiser and has blocked me from... Read more »

William Head answered on Sep 1, 2017

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

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on

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

He was only arrested on the fact that the place robbed was my dad's workplace and the actual criminal who did it had a previous crime committed with my brother they arrested my brother fully on the account of affiliation what do i do.

Glenn B. Manishin answered on Apr 20, 2017

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.

1 Answer | Asked in Personal Injury, Civil Litigation, Constitutional Law and Libel & Slander for Louisiana on

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

Peter N. Munsing answered on Mar 29, 2017

No but it's a statement and should be saved at all costs.Phones get wet. Information gets wiped out.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on

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

The judge presiding over my husbands case was his attorney on a previous charge. He was convicted and sentenced to armed robbery and poss of a firearm by a convicted felon. They then added the habitual offender enhancement in which he was sent to 99 yrs w/o benefits. The judge did recuse himself... Read more »

Paul Stanko answered on Sep 22, 2016

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... Read more »

1 Answer | Asked in Constitutional Law for Louisiana on

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

Robert Jason De Groot answered on Oct 20, 2015

You have to give a bit more facts to get an answer. What is the name of the case? Wikipedia probably has an explanation.

1 Answer | Asked in Constitutional Law for Louisiana on

Q: What is Writ of Habeas Corpus?

Robert Jason De Groot answered on Oct 19, 2015

A court order saying that someone has to turn over the body, basically.

1 Answer | Asked in Constitutional Law for Louisiana on

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

Robert Jason De Groot answered on Oct 14, 2015

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?

1 Answer | Asked in Constitutional Law for Louisiana on

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

Robert Jason De Groot answered on Oct 10, 2015

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.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Louisiana on

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

Due process not followed, never finger printed threatened at gun point, taken over state line without proper documentation and much more. He's served 2 years already and was recently sentenced to 9 years, he's filed for appeal and needs help.PLEASE!

Robert Jason De Groot answered on Oct 8, 2015

Perhaps the American Civil Liberties Union, the Innocense Project, or the Southern Poverty Law Center can help. Contact each and find out.

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