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Louisiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Louisiana on
Q: My boyfriend & I were both arrested in Louisiana 4 possession of meth possession of drug parafenelia

In any case would we not b co defendants

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 18, 2021

Yes you are co-defendants who need separate counsel.

1 Answer | Asked in Criminal Law for Louisiana on
Q: If my son was charged with Obstructing the roadway but was in my driveway when the police arrived should he have been ch
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 16, 2021

There may be video cam of your son.

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for Louisiana on
Q: can a carnal knowledge of a Juvenile felon be dropped to a misdemeanor in trial?the girl put in paper she lied about age
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 14, 2021

Her lying is not a defense,

But it is mitigating

1 Answer | Asked in Criminal Law for Louisiana on
Q: In la are there any changes in statue of limitations due to pandemic
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 14, 2021

There were periods of suspension. Look at Governors Orders.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Can you be held for probation violation after your probation time is up
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 10, 2021

Dates and expiration dates need to be reviewed by a criminal attorney.

1 Answer | Asked in Criminal Law, Education Law, Federal Crimes and Personal Injury for Louisiana on
Q: Can I sue a local school district for poisoning my food as a child? I might have proof of substance abuse.

Well, as a child growing up, I really didn't have too much serious health issues in which alerted me even more. My dreams were to be an athlete and play in the percussion section in my school Band. My basketball ball dreams were crushed not only because how expensive the gear and fee's... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 10, 2021

A Louisiana attorney could advise best, but your question remains open for three weeks. As a general observation, based on your description, it looks like it would be a difficult case. You're talking about gastrointestinal and muscle spasm symptoms, some of which were of a fleeting nature.... Read more »

2 Answers | Asked in Criminal Law for Louisiana on
Q: Why would a criminal defense attorney wait 40 days after the attorney client contract signed paid $1000 retainer........

Why would a criminal defense attorney wait 40 days after the attorney client contract signed and the client paid $1000 retainer file motion to enroll as counsel 40 days after the attorney contract signed and having been paid 1000. I’m looking at the records for my case and the motion to enroll... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 1, 2021

Judge may have told attorney to file Motion to Enroll or attorney may have wanted to ensure that she got all notices or that DA didn't have an excuse to not provide Discovery. $1000 is cheap retainer.

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2 Answers | Asked in Criminal Law and DUI / DWI for Louisiana on
Q: Family member has been arrested for simple kidnaping and sexual assault, What is the process for bail hearing

What does the District Attorney have to present as far as basis for holding someone on a high bail? Can a bail hearing help in understanding the severity of the charges

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

Your family member needs a criminal attorney to negotiate a reduction in bond.

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1 Answer | Asked in Contracts and Criminal Law for Louisiana on
Q: If I have the paperwork on the vehicle and it’s my name on the contract how can I be charged with Moyer vehicle theft?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 27, 2020

If your name is on the title and registration, that is a defense. Hire a criminal attorney.

1 Answer | Asked in Criminal Law for Louisiana on
Q: In Louisiana, can a prosecutor use only a bill of information at mulitibill hearing to prove prior conviction

Bill of information only shows a charge of a crime not conviction.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 22, 2020

It is up to the defense attorney to show that the priors are outside of the window for a multi-bill or did not result in a conviction.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Is it possible to be banned from the parish where charged instead of jail time for the charge of 14:95 Felon with a gun

With no aggravated felonies prior.

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

No, you can't be "banned" from a Parish.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Can a video recording in it self be why your found guilty of a crime with a hoodie on and no hard evidence

Just because you’re know for walking the streets and collecting junk for money and a known drug user

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 16, 2020

Depends on what is visible on the video.

1 Answer | Asked in Criminal Law for Louisiana on
Q: I am out of state. Is it possible to take care of a failure to appear warrant while out of state?

I was told that due to my circumstances no warrant would be issued and 4 years later the Sheriff says he does not remember our conversation and has no documents to that effect. Can I take care of this while in another state? They knew prior to the court date that I was moving for work and assured... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 16, 2020

Contact a criminal attorney to get the warrant recalled and a new date set.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Is the Sex offender Stamp removal now legal?
J. Heath Dillon
J. Heath Dillon answered on Dec 13, 2020

The state of the law in this area is not settled. The Supreme Court of Louisiana ruled in Oct '20 that requiring offenders to have such stamps was not legal. On Friday, 11 Dec 20, Louisiana filed a petition with the US Supreme Court asking that this ruling be stayed and that the Supreme... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Louisiana on
Q: is thete

is there anyway to get 4year stalking 28 year marriage thru text sentence suspended or no j~il time after wearing a monitor for a year before court never been in jail before this

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 12, 2020

Your question is not clear or in complete sentences. Call a criminal lawyer.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Was attempt simple arson effective in July 2007?

I saw data that spoke vaguely about attempt simple arson and how it was placed in effect in July 2007, was that the first time that the law was implemented or was it an amendment from a greater charge?

J. Heath Dillon
J. Heath Dillon answered on Dec 9, 2020

Yes, both simple arson and attempt (so attempted simple arson) were enunciated crimes in Louisiana long before 2007. Not sure what you saw.

1 Answer | Asked in Criminal Law for Louisiana on
Q: How can I get my spouse mandatory counseling (anger, abuse (verbal/mental or physical), or any other form)?

Under no circumstances will my spouse attend any form of counseling unless it is mandated. I am married and reside in Louisiana, due to our faith, divorce is not an option; however, the verbal/mental & occasional physical abuse is a major issue & follows the same pattern (we discuss it... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 1, 2020

If he commits a battery, you can can call the Sheriff's office and file a criminal complaint. Counseling will probably then be mandated.

1 Answer | Asked in Criminal Law for Louisiana on
Q: La CCP art 713 does it mean if both lawyers agree judge must grant continuance?
J. Heath Dillon
J. Heath Dillon answered on Dec 1, 2020

No, both parties need not agree under LA C.Cr.P. Article 713 on the need for a continuance based on peremptory grounds. Such grounds only exist, however, when one party can show that despite due diligence they have been unable to obtain necessary evidence and need more time to do so or a necessary... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: My son spent the night his 16 year old friends house and his friends parents didn’t know. Is there any law against this?

The 16 year old is a resident at the house and allowed my son into the the house. The parents claim they can pursue legal action because they own the house and did not know he was there. If the 16 year old let my son in without their consent was he legally allowed to be there sense the 16 year old... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 30, 2020

Parents are blowing smoke IF your child is not 18 or older.

1 Answer | Asked in Copyright and Criminal Law for Louisiana on
Q: Is it a ticket or a what I have n clue what it is
Allison Higgins
Allison Higgins answered on Nov 28, 2020

Hi there. You would need to provide more information for an attorney to answer this question.

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