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Louisiana Criminal Law Questions & Answers
1 Answer | Asked in Contracts and Criminal Law for Louisiana on
Q: Can you be charged with Unauthorized entry of an inhabited dwelling if your name is on the lease?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 2, 2020

YoubcN be charged and if the other person has a protective order, you will be prosecuted. However being on the lease, with no protective order is a defense.

1 Answer | Asked in Criminal Law for Louisiana on
Q: I have a misdemeanor for remaining after being forbidden occurring around 6/2016, can I have record expunged now
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 29, 2020

Yes you can now get it expunged, if you haven't had any other charges since 2010.

1 Answer | Asked in Criminal Law for Louisiana on
Q: How soon can I have a misdemeanor expunged in Louisiana
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 29, 2020

As soon as you have completed all the terms of your probation, paid the fine and court costs, your attorney can ask that your probation be terminated early and the record of the offense expunged.

1 Answer | Asked in Criminal Law, Traffic Tickets and Identity Theft for Louisiana on
Q: Are fingerprints on a citation checked before the citation is entered?

I had a police srgt tell me that I dont have to worry about my brother using my name because they will put his fingerprint on a citation since he says he does not have his ID. He does this to hide from his bench warrant.

So do thet process the fingerprint beforehand?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 29, 2020

No fingerprints are not put on a citation

2 Answers | Asked in Criminal Law for Louisiana on
Q: My brother uses my name anytime he interacts with police should I file a police report?

My younger brother has informed me of what my twin brother has been doing. My twin brother has a misdemeanor warrant and lies to police about who he is. Me and my twin look nothing alike anymore. My twin also has over 15 tattoos, and I have none.

Stephen Rue
Stephen Rue answered on Jul 27, 2020

Yes

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1 Answer | Asked in Criminal Law for Louisiana on
Q: Is it illegal to take coins tossed in by the public from an outside mall fountain? No signs posted.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 27, 2020

Yes those funds belong to a charity.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Libel & Slander for Louisiana on
Q: My son has been kidnapped by his grandparents and they refuse to return him to me. What should I do?

xxx was my attorney during my custody case a few years back. Prior to the Corona breakout, my son was punished at home for refusing to do his chores, and went to school saying he wanted to kill himself, counselors had him admitted to Brentwood. There, he accused me of abuse. DCFS began an... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 25, 2020

Call 5hr Sheriff's Office or contact your attorney.

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1 Answer | Asked in Criminal Law for Louisiana on
Q: Im trying find out information on my charge of. 14:34.9.C Battery of a dating partner first offense

Also have a charge 14:63 criminal trespassing

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 25, 2020

You have been charged with a felony with up to 10 year exposure. You need a criminal attorney.

1 Answer | Asked in Criminal Law for Louisiana on
Q: time for first time offender with indecent behavior with juvenile, sexual battery and oral sexual battery. victim is 18

victim is now 18 but was 12 or 13 at the time and was not forced

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 24, 2020

Victim's current age is irrelevant. 12 or 13 year old cannot legally consent.

1 Answer | Asked in Criminal Law for Louisiana on
Q: My brother is in jail he is currently incarcerated. Someone reported him having a social media page and he was charged

With unlawful use of a social media site. He did NOT have a mobile device nor was anything on his social media pornographic in nature. What should he do

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 17, 2020

He needs a criminal attorney. He is being charge with a felony.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Can an officer in a parish jail recommend a bondsman in Louisiana? Is this against the law?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 15, 2020

Write a written complaint to the Sheriff's Office and the Louisiana State Department of Insurance.

1 Answer | Asked in Criminal Law for Louisiana on
Q: I was wrote a ticket for general speeding law and improper lane and now I have a court date and it's been changed to DUS

Can they change it like that and then they have the wrong officer for writing the ticket,thos is Louisiana ticket

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 2, 2020

Contact a traffic court attorney.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Would a citation for criminal damage to property for damaging a total of $10.00 in property appear on background check ?

I wasn’t arrested but received the citation for throwing bbq sauce at someone in Walmart. Should I be concerned or get a lawyer? I was told that it would probably be dismissed or I’d have to pay a fine. I’ve had no record up until this point.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 19, 2020

Yes, even a speeding ticket appears on a background check.

1 Answer | Asked in Criminal Law and Federal Crimes for Louisiana on
Q: Is some burglary a violent crime
Stephen Rue
Stephen Rue answered on Jun 18, 2020

§62. Simple burglary

A. Simple burglary is the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, or any cemetery, with the intent to commit a felony or any theft therein, other than as set forth in R.S. 14:60.

B. Whoever commits...
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1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Identity Theft for Louisiana on
Q: Is it legal to register someone else for a race and run with his bib number to make it appear he was there?

My husband’s co-worker has made numerous bizarre untrue allegations about my husband to disrupt our marriage. We found out she registered him for a race, picked up his packet and her packet and ran with both to make it look as if they ran the race together. My husband was working in a project... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 15, 2020

It is not illegal but does sound like a fatal attraction.

2 Answers | Asked in Criminal Law for Louisiana on
Q: What is the max dollar amount of the fine for disturbing the peace?
Stephen Rue
Stephen Rue answered on Jun 14, 2020

We are happy to discuss your options with you.

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1 Answer | Asked in Copyright, Criminal Law and Federal Crimes for Louisiana on
Q: Can I lose my investment properties if sued and sentenced to Federal prison? I’m not sentenced yet, I’m just asking
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 13, 2020

Your assets can be seized for fines or restitution.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Can a case be reopened when the accused suspect have already taken a deal?

I was incarcerated on July 13, 2018, because a girl that I was messing around with accuse me of strangling her. The same year January 5, 2018 I was involved in a accident in which my right hand (Fingers only) was injured badly. I had to have surgery on it January 11, 2018. During surgery my... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 8, 2020

Wht would you take a deal in July 2018, do time and not raise this as a defense until Jun 2020? You can appeal for new evidence. This is old evidence. Tou can also appeal for incompetent representation. But why wait so long?

1 Answer | Asked in Criminal Law for Louisiana on
Q: Judge finds no probable cause to hold you on the charges, release you and bond obligations, sill trying to prosecute you

How can District Attorney prosecute a case, court found no probable cause and statue of limitations expired

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 8, 2020

Hire a criminal attorney. Your client can file Motion to Quash due to Prescription.

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