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Louisiana Criminal Law Questions & Answers
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: 1 yr. susp'd, new charge,revoked,served 1 yr, now 2 yr offer. Can I get credit ALL time served incl'd DOC on 1st charge?

To clarify, in Louisiana, I was given a 1 yr suspended sentence (probation), then caught a new charge while on probation. I was arrested, then self revoked my probation, sentenced to 1 yr DOC (which should have left me with like 2 more weeks, but DOC miscalculated my time -OR- JPCC turned in my... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 9, 2022

If the Judge sentences you and specifically says you get credit for time served , including time in Parish and in DOC, then you should.

1 Answer | Asked in Criminal Law for Louisiana on
Q: What can I get for utility theft
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 8, 2022

More information is needed in order to more properly reply to your post---that said, if prosecuted you most likely need to make restitution. I highly recommend that you and hire a criminal defense lawyer in your area to begin mitigating and preparing a strategy for your defense. Good luck.

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 for Louisiana on
Q: Does the DA have to accept an affidavit?

traffic stop with guns and drugs in vehicle

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 27, 2022

Accept? In what context? If you are asking whether or not the DA has to prosecute each arrest then the answer is no. The DA can choose not to prosecute.

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 Aaron Bondy
Joseph Aaron 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 »

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1 Answer | Asked in Criminal Law, Juvenile Law and Municipal Law for Louisiana on
Q: My husband was charged with kidnapping me and possession of fire arm by a felon the charges where dismissed can they

Still violate his parole if he has already beat the charges

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 16, 2022

Can't violate him if charge dismissed.

1 Answer | Asked in Civil Litigation, Criminal Law, Personal Injury and Traffic Tickets for Louisiana on
Q: if a person doesn’t get any information from someone during a wreck and let’s you leave without including the cops can

they later on try and file a report if they figure out who it was?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 11, 2022

Yea, you are not in the clear yet.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Louisiana on
Q: How can cps take your child out of your custody if you signed your rights over to a friend months ago?

I signed over custody of my baby girl to my friend for a year. Somehow she ended up with a broken leg at 3 months old. who I thought was a friend lied about taking my baby to the hospitol I have all text to prove it so how did they areest me for cruelty to a juvenile and now I have cps taking me... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 11, 2022

Hire an juvenile Court attorney to use your one year Custody by Mandate as your defense.

1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: What paperwork do I need to file if I'm representing myself in a domestic case?

I'm representing myself in a domestic case and I'm unsure of what paperwork I'm supposed to file before my pre motion court date

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 9, 2022

This is why you should not represent yourself and instead get an attorney. If this is a criminal matter, then you can ask the Judge to appoint an attorney to represent you----the Judge will ask you a series of questions to see if you qualify and if so, he will appoint an attorney. if this is a... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: What happens if you are found guilty of 14:40.3 B1
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 9, 2022

This is the criminal statute for cyberstalking. If you are found guilty of crime then it goes on your criminal record and you would be sentenced at the discretion of the Judge. In this instance, this crime (cyberstalking) is a misdemeanor, as opposed to a felony, but misdemeanor sentences can... Read more »

2 Answers | Asked in Criminal Law, Family Law and Civil Rights for Louisiana on
Q: My question is about speedy trial.

My significant other and I were arrested on August 8, 2020, for a supposed warrant for felony cruelty to a juvenile. We were both incarcerated for the next seven days until my boss, at the time, bailed us out. We are still both puzzled as to how and why this occurred, in the first place. We were... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 7, 2022

Your attorney can file a speedy trial motion.

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1 Answer | Asked in Criminal Law for Louisiana on
Q: If the DA excluded the reason the crime was committed and fabricated a story because of a persons affiliation from 20yrs

Ago. Made him look like a monster plus put another charge on him and not the others. Also a biased judge. What are you able to do?

Louisiana

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 3, 2022

If this happened in Louisiana then you should ask an attorney licensed in Louisiana. This website shows questions to attorneys based on the location of the person who asked the question. Since your question is from Friendswood, TX, the question is presented to attorneys in Texas. It might be a... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Is it lawful for plaintiff in DV - TRO to change locks on doors and storage where key was not provided?

The defendant listed in restraining order is also the owner of the company which owns the home.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 28, 2022

Yes the DV victim can get exclusive use of separate property or community property. Hire a family law attorney.

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