Lawyers, Answer Questions  & Get Points Log In
Louisiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Louisiana on
Q: Received summons for a simple battery charge alleged in 2015.

While conducting background check in Orleans police dept, was informed of a misdemeanor battery charge filed against me in 2015. Was given summons to appear. Would this be dismissible under statute of limitations or failing to prosecute within a required deadline?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 12, 2023

From your post, what actually happened is unclear. After you received the summons what happened? If there was never formal prosecution---a bring of the charges in Court, then it is most likely too late to bring formal charges. If formal charges were brought against you and you were to appear in... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: My brother has a domestic abuse case she signed to affidavit of non prosecution what can be done to get this thrown out
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

The prosecutor or District Attorney's office has the final say on all matters forwarded to it. The office will (should) take into considered that drop charge/affidavit of non-prosecution in deciding whether or not to formally file charges. If the accused has or can afford to hire an attorney,... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: My brother was charged with domestic abuse a affidavit of non prosecution was signed because she wants to drop the charg
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

The prosecutor or District Attorney's office has the final say on all matters forwarded to it. The office will (should) take into considered that drop charge/affidavit of non-prosecution in deciding whether or not to formally file charges. If the accused has or can afford to hire an... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: Is 14:220.1 an felony or misdemeanor?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 3, 2023

A quick review of this statute suggests that the answer is "it depends:" on the value of the leased movable. If the value of the leased movable is less than $1,000 then it is a misdemeanor and if the value of the movable is $1,000 or more, then then one can be charged with a felony.... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Louisiana on
Q: My girlfriend of 3 years was picked up a couple days ago on a warrant from 2018 for position of stolen things and schedu

El 2 propertys ...now we called about this warrant because there was no court because of covert..and we where told she had no warrant...and all of a sudden she was picked up at my house on dec 29 ..as a fugitive no bond and two $5000 bonds so I'm wondering what will happen to her please let me... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 3, 2023

She will appear in front of a Judge to address the warrants. After that, she should be able to be bonded out. I recommend that you hire a criminal defense attorney in your area to assist you through all of this. Good luck.

1 Answer | Asked in Car Accidents and Criminal Law for Louisiana on
Q: Im in Lafayette Louisiana I have court for an arraignment in the morning for 1st degree felony vehicular negligence.

I was drugged that night July 1st 2021 no field sobriety test no blood taken etc also this was not a charge on that night originally they upped the charges to that felony

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 29, 2022

Please make sure that you do not miss your court date, however, if you have not already done so, then please contact a few criminal defense attorneys and hire the one with whom you are most comfortable. That is something you need to do immediately.

1 Answer | Asked in Criminal Law for Louisiana on
Q: How long does the district attorney have when deciding whether or not to "pick-up" criminal charges accusation?

On three separate court dates, I was told the district attorney's office hadn't decided to "pickup charge" yet. I was told this same statement by the magistrate/admin law Judge at each court appearance, being given a later court date after each appearance; however, after the... Read more »

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

Since you have been charged, I recommend that you hire a criminal defense attorney to represent you as well as address the question(s) you have post here. It is better to pay an attorney now that perhaps have a conviction on your record. Good luck.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Can you plead no contest in an accessory after the fact when you discover a person broke into a home and stole money?

My grandson drove a person a home. He told him that the home owner left something for him in the back of the house. Within 5 minutes the friend was back in my grandson's truck. Once he got into the truck and my grandson was pulling out he told my grandson what he did. He broke into the... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 28, 2022

If the prosecution will accept a a no contest plea then you can do so, however before you try to do this, I would recommend that you consult with a criminal defense attorney or 2 in your area to discuss whether or not it's in your best interests. A no contest plea is essentially a conviction... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: “these matters are not accepted for prosecution” and “the accused is to be released from all bond obligations”

What do these 2 statements mean?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 11, 2022

The person or persons who stated this knows what he intended for those 2 quotes to mean. We answering are only here to guess/give an opinion. That said, “these matters are not accepted for prosecution” usually means that the prosecutor/district attorney has decided not to pursue the charges... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: i have a misdemeanor summons for theft will i go to jail ?

this is my first offense and the amount was $790 the store that it was stolen from doesn't consider $790 a felony. if the amount was $1000 then i wouldve been charged with a felony

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 19, 2022

It is highly unlikely that yo will go to jail if you following the orders of the court. That said, your goal here should not be going to jail but mitigating the charge to keep it off of your record. The best way to do this is to hire a criminal defense lawyer in your area-----or at least consult... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for Louisiana on
Q: What is probable cause to pull over a motorist

I was pulled over by an unmarked vehicle with four men not in uniform. They did not identify themselves. I exited my vehicle to see what they needed. They immediately pushed me on the hood of the vehicle and placed me in handcuffs. They searched me extensively without a warrant and without my... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 29, 2022

If you have been offered a plea bargain of 30 years based on your post, then something (perhaps a lot) is missing. That said, just on the amount of time you are offered, you need to immediately hire a criminal defense attorney to make sure your rights are protected and that you are aware of your... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: Is Battery w/injury on EMS person. Simple battery or Aggravated battery. My son bit an EMT while being treated.

Son was high on Meth

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 15, 2022

I think you are looking at this wrong. Since the "victim" is an EMS personnel, this probably falls under RS 14:34.8 - Battery of emergency room personnel, emergency services personnel, or a healthcare professional. This in many instances is a misdemeanor with greater penalties than... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: fiancé has warrant from prior marriage in NM for aggrav stalking. How likely is that to affect him living in Louisiana?

Will NM pursue violators out of state? Will they refuse a divorce? Will LA arrest and extradite?

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

Based on your post, and while I do not know the specifics of all of this, my recommendation is that you should have your fiance take care of the New Mexico business ahead of time and before you get married. You do not want his past to all of a sudden impact you present or your future.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Is a search warrant considered invalid if it doesn’t have a the person’s name that has “supposedly” committed the crime?

Can it be valid with only a room # at a hotel?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 20, 2022

If this is a search warrant, then an accused's name is not needed-----the presiding Judge has to determine whether or not the affidavit in support of the search warrant provides enough information to justify/allow for a search of the area to be search and also for what is sought.

1 Answer | Asked in Criminal Law and Juvenile Law for Louisiana on
Q: My 13 yr old jumped off someone's dock twice then noticed the no trespassing sign and stopped

The owners live out of state and didn't witness what happened at this public lake and are pressing charges. Can this really happen in Louisiana?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 13, 2022

Can your 13 year old be issued a citation for trespassing? Yes, this can happen, however, for his to be found "guilty" the prosecution will have to provide its case beyond a reasonable doubt. I would recommend that you hire (or at lease consult with) a criminal defense attorney (and one... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: First time locked up on a felony but you have a hold on you at another facility is it wise to make bond?

first charge is a scheduled c felony/ about 12 ecstasy pills and the hold is attempt second degree murder. He was in car with some one not driving.

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 30, 2022

Since you have felony charge(s), I would also recommend that you immediately seek to hire a criminal defense lawyer to represent you on both charges. If you already have a lawyer for the attempt second degree murder, then contact that lawyer about representing you on the new arrest and discuss... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Louisiana on
Q: I cannot find the court docket that shows my appointment with the judge

Arrested for aggravated felony Cruelty to Animals. Paper shows court date is 8:30 am Tuesday, 5/31/22

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 30, 2022

The courthouse is closed today (Memorial Day) is closed so I suggest that you simply show up at the district courthouse in the jurisdiction you were arrested Tuesday at 8:30 a.m. You do not want to miss your court date as that would result in a bench warrant being issued. Since you have a felony... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Louisiana on
Q: My daughter was arrested for a the vape at school I need help what should I do
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 23, 2022

You should contact a few criminal defense attorneys in your area and consult with them----- you do not mention the age of your daughter but one of the things you want to do is ask about their experience in handling matters in Juvenile Court as well as the possibility of this matter ending up in... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: Can a civil suit be changed to a criminal? Can a judge change the plaintiff with no just cause?

I think that LA state DA and a judge in Shreveport, LA has done something illegal. How do I verify this?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 19, 2022

A civil suit cannot be converted to a criminal suit---that said, if there's probable cause and/or a belief that a crime has been committed based on the underlying facts in a civil matter, then it's possible that the District Attorney could start a and file a criminal bill of information.... Read more »

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Louisiana on
Q: If on felony probation, can you be revoked for a positive marijuana drug screen even with a prescribed medical card?
Joseph A. Bondy
PREMIUM
Joseph A. Bondy
answered on May 18, 2022

You should consider requesting early termination of supervised release—which is what I believe you mean by “federal probation,” as the health issue requiring you to possess a medical cannabis card is likely a “new or unforeseen circumstance,” that makes early termination appropriate when... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.