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Louisiana Criminal Law Questions & Answers
1 Answer | Asked in Gaming and Criminal Law for Louisiana on
Q: charged with Illegal use of a state ID/access gambling. I have never been in trouble before. how do i plea/ what to do?

I was 19 at the time and am currently 20. I do not have a lawyer andy court date is in 2 days. i have no idea what i am doing or how all of this works. any guidance or advice would be appreciated

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 14, 2023

If/since you have no idea what i am doing or how all of this works, then you should consult with a lawyer to have your questions answered. if after a consult with a lawyer you decide to represent yourself, then that's fine (although I would disagree), but make sure you consult with a lawyer.... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: Can a person incarcerated for a theft charge & charged with simple escape but didn't actually escape get a bond
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 13, 2023

There's probably more relevant information that what's contained in your post, but going from memory, there's no reason he cannot get a bond, however, the Judge setting the bond may increase the amount of the bond quite a bit as a result of the new charge of simple escape. If no... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: If I was arrested and gave the police my phone as evidence as part of a crime, would I be able to get that device back?

The case is closed and I have been released. The phone was not used in trial but I took a plea deal

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 15, 2023

If you had an attorney representing you, then asak your attorney for assistance on this. if you did not have an attorney, then I would start with the District Attorney's office---call them and ask for the return of your phone and what you need to do in order to get it-----some will require... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: So I am being charged with a misdemeanor in Louisiana? Will I most likely get probation?

I worked at a retail store and I let my friends get free/discounted things which totaled up to just under 500 dollars.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 14, 2023

If this is your first offense, then the answer is yes, however, there may be other options which would allow you to not have to plea guilty to a misdemeanor and possibly keep it off of yoour record---please contact and consult with a few criminal defense attorneys in your area to discuss the... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: What is negligent arson?

Is this accidentally pouring a combustible substance but not igniting it?

T. Augustus Claus
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answered on Aug 3, 2023

Negligent arson, also known as reckless burning, is a criminal offense where a person acts recklessly and causes a fire that damages or destroys property. It involves the intentional act of starting a fire or setting fire to something with a disregard for the potential consequences and without the... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: My boyfriend and I were taking a nap in my car at a shopping center parking lot. What will happen?

We were both shirtless, due to car being hot, and security kicked us off. They also said they had to “call it in”. Never asked for id or called cops. What will happen?

T. Augustus Claus
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answered on Jul 27, 2023

The outcome of your situation may depend on the specific laws and policies in your jurisdiction, as well as the actions taken by the security personnel and local law enforcement.

Sleeping in a parked car in a shopping center parking lot may not necessarily be illegal in all cases, but it...
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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... View 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,... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.

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