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Louisiana Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Louisiana on
Q: Would getting a ticket for no registration on a rare 22yr old privite Mercedes violate my constitutional right?

Constitutional Law § 101 all citizens be free to travel throughout the length and breadth of the United States uninhibited by statutes, rules, or regulations which unreasonably burden or restrict this movement.

James L. Arrasmith
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answered on Mar 4, 2023

The constitutional right to travel is not an absolute right and is subject to reasonable regulation by the government. Requirements for vehicle registration and proof of insurance are generally considered to be reasonable regulations to ensure the safety of drivers and passengers on public roads.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Louisiana on
Q: Can I recive my possession after I plead guilty ( forfeited) I was busted by the tasked police they arrested me took car
James L. Arrasmith
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answered on Mar 2, 2023

If you plead guilty and the court ordered the forfeiture of your property, you may not be able to receive your possession back. In general, when property is forfeited, it becomes the property of the government, and the owner loses all rights to it. However, in some cases, a court may allow the... View More

1 Answer | Asked in Child Support, Civil Rights and Constitutional Law for Louisiana on
Q: I was served papers from my husband for blood and name change. I wasn’t in the state but someone signed how? Could they

How could they let anyone sign I missed court so they dropped his arrears and I guess changed my son name yet I knew nothing about this

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 14, 2022

Please contact a child custody/family attorney in your area to discuss the specifics of this. Good luck.

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Louisiana on
Q: Can a police i.d. in Louisiana? If they aren't issuing me a ticket or actually arresting me do I even have to talk?

I get pulled over and police start with all their questions...id, where are you going, why, who bla bla....if they dont immediately state why they pulled me over and ask for id insurance registration...do i have to id? what are my passengers required to do?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 28, 2022

Yes you must present ID.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Louisiana on
Q: If you drive a car because someone is too drunk to drive and the police stop you. Is everything in the car yours.

The police stopped my son and the car was the passengers car. The guy in the back set they let go but they found a pill and lean in the car which belonged to the passengers uncle. A gun was found and the police put the drugs and drink charges on the driver

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 2, 2022

Get your son a lawyer. He has a good defense

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for Louisiana on
Q: Can they convict me of burglary if I never went in the building?

In st. Tammany Parish Louisiana I have trial in one month. I was in fact on surveillance videos sitting in the uhaul but I never went in the storage building or in a unit. I never cut locks or damaged any properties. I didn't want to be involved. Can they actually convict me with the crime if... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 16, 2022

If you have trial in 1 month you should have an attorney representing you----please discuss with your attorney. If not, then you need to hire a criminal defense attorney immediately because you do not want to go to a felony trial representing yourself. Lastly and perhaps most importantly, stop... View More

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1 Answer | Asked in Constitutional Law and Criminal Law for Louisiana on
Q: What forms are used to apply for the Avery C. Alexander Act?

I want to fill out the application for the Avery C. Alexander Act

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 7, 2022

There are no forms. Contact a civil rights attorney.

1 Answer | Asked in Constitutional Law and Criminal Law for Louisiana on
Q: Does the Avery C Alexander Act exist? If so how do I apply for it.

Can a person convicted by a 10-2 jury and given a life sentence apply for the Avery C

Alexander Act after serving 30 years?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 7, 2022

LRS 15:572.9. Contact a civil rights attorney.

1 Answer | Asked in Constitutional Law, Criminal Law and Domestic Violence for Louisiana on
Q: How do I go about bringing a civil case against someone that was the alleged victim in the criminal case against me?

My fiance was living with her mother when they got into a domestic squabble. To make Understanding this easier Brandi---->Fiance.......... Sarah--------->Mother. The fight happened at their home But Sarah called an ambulance cause she said brandi Hit her and broke her leg so Sarah went to the... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 2, 2022

Huge mistake pleading to these charges. Hire a criminal attorney who also does plaintiff personal injury.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Louisiana on
Q: searching for an attorney to file a writ of mandamus
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 28, 2022

Justia is not a lawyer referral service.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Louisiana on
Q: My son was forced to plead guilty to a charge that he wasn’t even arrested for . How can I seek justice
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 26, 2022

You should have hired a criminal attorney for him before he plead. Now a criminal attorney would have to withdraw his plea.

1 Answer | Asked in Constitutional Law and Criminal Law for Louisiana on
Q: Can city police officer legally pull someone over outside city limits after a natural disaster for seatbelt violation
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 19, 2021

Yes but they probably won't appear in court.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Louisiana on
Q: could a person be charged with possession of a firearm if someone says you have one but the police didnt recover one
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 31, 2021

The state will have a hard time making a felon in posession of a firearm case. if they have no firearm. Hire a criminal lawyer.

1 Answer | Asked in Contracts, Civil Litigation and Constitutional Law for Louisiana on
Q: What can someone2 do?

If someone1 sold their property to someone2 , and someone1 went to the judge and said that someone2 had stole property ??

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 26, 2021

Get a criminal attorney.

1 Answer | Asked in Constitutional Law for Louisiana on
Q: What is my defense or course of legal action I need to take if some is claiming /putting a false charge on me?
Tim Akpinar
Tim Akpinar
answered on May 12, 2021

A Louisiana attorney could advise best, but your post remains open for two weeks. There's no universal answer to your question - an attorney will need to know more about the charges or claims you mention. You could be better off reaching out to criminal attorneys (if this involves a criminal... View More

1 Answer | Asked in Child Support and Constitutional Law for Louisiana on
Q: What form do I file and how do I obtain it to get child support off my little brother if he terminated his rights.
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 1, 2021

He can't terminates his rights and there is no form. Hire a child support lawyer.

1 Answer | Asked in Traffic Tickets and Constitutional Law for Louisiana on
Q: What louisiana statute covers 2 vehicles passing on the left at the same time on a 2 lane highway

I was followed through the pass by an officer who happened to be travelling behind me. He passed the same vehicle that I did at the same time that I did and proceeded to write me a speeding ticket.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 18, 2020

Hire a traffic court lawyer.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Federal Crimes for Louisiana on
Q: Is there any and where do I look for case law to get a better idea of my chances of avoiding the felony/sentence

I was a passenger in a car I was helping transport back to Texas that I was legally borrowing to do repairs to. The driver (I just met) was hired by vehicle owner to help me make the trip, and unbeknownst to me in possession of meth and a R/X pill/s (of which we were both charged because it was... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 11, 2020

You need to hire a criminal attorney to develop a defense. Do NOT give anyone a statement.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Q: If my appted atty request Discovery and the prosecution doesn't include evidence that it holds, is it admissable later?

Prosecution possessed but didn't include lab results in the Motion of Discovery. Prosecution also requested 3 different pretrial dates claiming to be waiting on lab results. When the defendant was presented labs, they were dated and received by the prosecution before a motion of discovery... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 6, 2020

It may be ineffective assistance. Consult with an appellate attorney quickly.

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