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Louisiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Louisiana on
Q: Is a search incident to arrest valid if the arrestee is placed into handcuffs, and is no longer in control of anything ?

If a person is arrested and placed into handcuffs, and the officer takes possession of a purse or bag that was in control of the arrestee at the time of arrest is a search incident to arrest Valid if the officer does not have the interest of officer safety, prevention of escape, and prevention of... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 19, 2021

Law enforcement may place you in custody before searching. That said, it sounds like you have talking about a specific incident and in order to best explore whether or not there are any 4th amendment/search and seizure issues, you really need to consult with a criminal defense lawyer in your area.... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: How much time will I get if I have a POSS SCH IV CDS W/INTENT DIST
Wade Thomas Visconte
Wade Thomas Visconte answered on Apr 16, 2021

It depends on what you can negotiate with the D.A. or whether the D.A. has a "standard" plea deal. If you go to trial, the D.A. will probably seek the maximum amount of time provided by law. You should hire a local CRIMINAL attorney because they will have knowledge on how to deal with the D.A.

2 Answers | Asked in Child Custody and Criminal Law for Louisiana on
Q: How to file motion of contempt for breach of children custody order?

Children where not returned from visitation. Officer was given court orders and said he could not get my kids, but I can go see about getting them back. Officer was given all information for police report. Children were not with the father and told me to follow him down the road to his parents... Read more »

Wade Thomas Visconte
Wade Thomas Visconte answered on Apr 16, 2021

You need to hire a lawyer so you can obtain a court order commanding that the children be returned.

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2 Answers | Asked in Criminal Law for Louisiana on
Q: My child's father called the police and make a statement over the phone saying i left him on the side of the rode

He is 4 that didnt happen i brought him into the house in his daddy room where his daddy was in the room woke and i left the police called and said they was coming to get my statement about my son getting left on the side of the rode i said that never happened they police never showed up and about... Read more »

Wade Thomas Visconte
Wade Thomas Visconte answered on Apr 15, 2021

There was no question. It appears you were charged with child abandonment, but that I can't tell. You need to hire a lawyer. If you can't afford a lawyer, a public defender will be appointed to represent you. I am located in Shreveport if you would like to meet.

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1 Answer | Asked in Criminal Law for Louisiana on
Q: RS 15:89 does this apply to bench warrants and criminal charges leading to bench warrant?

I was charged with DWI in 1998 and failed to appear for trial. Is there a statute of limitations or time limit for which I can use to get the charges dismissed and warrant lifted?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 12, 2021

Prescription dors not start to toll until you are arrested or appear.

2 Answers | Asked in Criminal Law and Juvenile Law for Louisiana on
Q: will i get in trouble for being 18 and pregnant and my boyfriend is still 16, but i got pregnant at17?

i got pregnant at 17 and my boyfriend was 16. i turned 18 about 2 months later but he doesn’t turn 17 until a couple months after me. will i get in any legal trouble bc he is technically still a minor

Wade Thomas Visconte
Wade Thomas Visconte answered on Apr 11, 2021

A person age 17 or older commits the crime of carnal knowledge of a juvenile by engaging in consensual oral, anal, or vaginal sex with a child between the ages of 13 and 17. If the defendant is two to four years older than the child, then the crime is a misdemeanor. Nobody can predict if you will... Read more »

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2 Answers | Asked in Criminal Law for Louisiana on
Q: Will a person who has been charged with this be given more jail time after bonding out and missing court?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 11, 2021

Hire an attorney to get the warrant recalled and the case back on track.

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1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: I moved in with my boyfriend at the time. Almost everything in the house is mine except somethings. Since then we have

Married. He is threatening to throw my stuff away n burn it. He says he can because its his house. Is this against the law?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 8, 2021

Wait until he goes to work and move out. Them hire a divorce lawyer.

1 Answer | Asked in Criminal Law for Louisiana on
Q: My mom and i trying so to fight for my brother of a crime he didn't not commit and our family is falling apart.

We need to win for my brother

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 6, 2021

Your mother can hire a criminal attorney.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Is it a legal order of protection in Louisiana if the criminal charge or ordinance violation # and name are not listed

What does bail restriction mean

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 5, 2021

If it is signed by a judge, it's legit

1 Answer | Asked in Criminal Law, Collections and Identity Theft for Louisiana on
Q: If I did not write a worthless check on Dec 19, 2019 and receive a final notice from Caddo parish what can I do?

I got this 3/25/21and the amount owed is 732.61 to drug emporium. The account has been closed that the check was written on and NO ONE WOULD accept this if the business has TELECHECK.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 2, 2021

1) File an incident report with the bank,

2) File a criminal complaint with the Sheriff.

1 Answer | Asked in Criminal Law and Insurance Bad Faith for Louisiana on
Q: What constitutes burglary in Louisiana? Does there need to be evidence of forced entry to prove burglary?

I have been told that I have burglary coverage, but not theft coverage and that is why they cannot honor my claim. The "theft" occurred inside my locked door to my apartment bedroom. The representative told me because there is no proof of forced entry into my room it is therefore, theft... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 25, 2021

Burglary can be of a "dwelling" not a "room". But it does not require forced entry, only unauthorized entry.

1 Answer | Asked in Criminal Law for Louisiana on
Q: So my boyfriend was sentenced to go to a rehab and he went but he didn't stay and he has a update court date coming up

What can we do or what should we expect

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 24, 2021

Tell him to go back to rehab because that is a probation violation.

1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Probate for Louisiana on
Q: I was at mom’s. She called cops and said someone broke into her house. I have a key.

Cops told me she will press charges tomorrow if anything broken or damaged. She doesn’t even live there. She illegally evicted me 10 days ago. Never served an eviction notice. She gifted me her home, got pissed at the world one day, told the cops that she allowed me to stay there while she was... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 23, 2021

If you don't have an act of sale, then she has not gifted the property to you.

3 Answers | Asked in Criminal Law for Louisiana on
Q: I was arrested for simple robbery back in October of 2019. My bail bondsman called saying I missed a court date

I was never informed of this so said court date. Also isn’t there some kind of statue of limitations for them to bring me to court. It has been well over a year and a half and I haven’t been to any court dates because when I would call to check with the DA’s office to find out what was going... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 23, 2021

You need to either hire a criminal attorney or contact thr public defenders office for you to get the warrant recalled.

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1 Answer | Asked in Criminal Law, Divorce and Family Law for Louisiana on
Q: If my wife commits bigamy, (me being the second husband) is there anything I need to do to dissolve the marriage?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 12, 2021

You need to hire an attorney and can be one of the very very few who can obtain an annulment.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Can police put warrants out or later try to charge my roomies for charge I already took and got arrested for?

The cops busted down my door with a noknock warrant. 4 ppl live in my home, me, my gf, & 2 others. I got arrested and charged with the drugs found in home. Can the cops later on, try to charge or put warrants out for my roommates for the charge I already took and got arrested for?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 6, 2021

Yes. Your GF and roommates are in jeopardy.

1 Answer | Asked in Criminal Law and Civil Rights for Louisiana on
Q: What are my options to deal with a person breaking into my car to steal things at night?

I was recently robbed for $1,000+ from my vehicle on my property. It's become a more prevalent issue where I am in Houma in the recent months. In the future if this is in the process of happening again, what can I do to apprehend/stop the individual and ensure they see justice? I would prefer... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 3, 2021

Call 911. Put up exterior cameras. Don't keep property in your car. Install exterior lights.

1 Answer | Asked in Criminal Law for Louisiana on
Q: If you have a warrant for your arrest and you speak to a police officer. Is it ok for him to lie to you to tell you to

Go to the Substation to give your side of the story, never tells you there is a warrant over the phone

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 3, 2021

Yes it is not a violation of your rights for an officer to lie to you.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Can I get a restraining order for cyberstalking?

A girl I use to communicate with is stalking me and my wife while telling false narratives about an encounter that never happened.

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

Yes you can get a protective order

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