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Louisiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Louisiana on
Q: How to prepare for self-representation in a second-degree murder case in Louisiana?

I'm facing a charge of second-degree murder and have been dealing with this case for over three years, including two years in jail. My court date is in 3 months, and I'm currently on my second public defender who doesn't communicate with me effectively. I'm considering... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 7, 2025

You should not represent yourself, especially if you are currently incarcerated. You are facing life in prison and you need to have legal counsel representing your interests. if you do not believe the public defender's office is adequately representing your, then you are free to hire your... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Louisiana on
Q: How to appeal a criminal case sentencing in Louisiana?

I have a family member who needs to appeal a criminal case sentencing. They have twenty-nine days to file the paperwork. What is needed to file the appeal without a lawyer, and are there options for obtaining a pro bono attorney?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 24, 2025

You do not have a lot of time to file the appeal----since I assume that the family member has an attorney at the district court level, I would recommend immediately contacting that attorney and setting up an appoint to discuss your concerns listed on this post- and options---also, said attorney can... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Louisiana on
Q: How to file non-domestic restraining order in Louisiana?

I am seeking to file a non-domestic restraining order in Louisiana against my roommate's girlfriend due to incidents of physical assault and battery, as well as threats and verbal altercations. I am currently in the process of pressing charges and have filed a police report. How do I proceed... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 14, 2025

You might be able to find this online on the local Clerk of Court's website of the parish you reside. Or you can call the local bar association and see if they can provide the direct information. Anyway, you need to seek a protective order which is the same as one would seek in a... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: I have a attachment for failing to appear in court I live in another state and wasn't notified of the court date no rep
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 28, 2025

You need to get this handled---depending on which court/jurisdiction and the underlying reason you were to be in Court, you might be able to hire an attorney and/or simply pay a fine to resolve this. My recommendation is that you contact a criminal lawyer or a few in the area where the court is... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: I have a attachment for failing to appear in court I live in another state and wasn't notified of the court date
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 28, 2025

You need to get this handled---depending on which court/jurisdiction and the underlying reason you were to be in Court, you might be able to hire an attorney and/or simply pay a fine to resolve this. My recommendation is that you contact a criminal lawyer or a few in the area where the court is... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: Am I at high risk for facing jail time as my consequence?

I am a 21 year old female, college student, I am a social work major and make straight A's while maintaining 7 classes as well as being Bipolar 1 and managing that. I also am in the national honor society of social workers. This is my first time being arrested, never had a criminal back... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 18, 2024

Everything depends on the facts and circumstances unique to one's own case, however, if you are a first time offender then there are many, many options available to you to greatly mitigate the charges----I highly recommend that you contact a criminal defense lawyer in your area --or a few of... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: Why is there a St Conf 11/15 and a Trial 1/27 underneath my name on the court docket?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 4, 2024

Without looking at the docket to see all of what is written and in which court it is pending, it's really gonna be a guess. That said, the guess is that this particular matter involving you has future court dates already set, namely a status conference set on November 15 and if the matter is... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: How do I get discovery packed from a felony conviction in 2015. (Plea deal)

I was convicted of a felony in 2015 and released in 2018. I am now looking into my options for post conviction reliefe or appeal. I have contacted an attorney but they want 5k just to do a case investigation. How do I go about getting the discovery of my case? I'd like to have a better... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 12, 2024

You can go to custodian of records and ask to see your file and see if the discovery is in the file. If the discovery is not in the file then you might be able to make a public records request to the DA's office. The custodian of records is usually the Clerk of Court in the parish in which... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Louisiana on
Q: My son been in jail for 61 fays now ; cant affird to bail out , this would be his first offense, hasnt been in trouble b

My son was arrested and booked into lpcc on May 11, 2024. He was in the cirle k store parking lot and rode their with his Auntie's neighbor. The neighbor was a convicted felon and owner of the vehicle . Cops searched the vehicle in parking lot at circle k and found guns and drugs. My son said... View More

James L. Arrasmith
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answered on Jul 21, 2024

It's deeply concerning that your son has been in jail for 61 days without any communication from his public defender or any information about his case. It's important to take immediate steps to address this situation. First, try to contact the public defender's office directly.... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Q: I was arrested for possession of cds sch2 with intent was incarcerated 10 months lost job home vehicle lost everything

The 2nd judicial appealed my case so it went to higher court and all 3 judges signed my favor

James L. Arrasmith
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answered on Jul 21, 2024

I'm really sorry to hear about your situation. Losing everything due to a wrongful arrest must have been incredibly difficult. It's a relief that the higher court ruled in your favor, but the damage done to your life is significant.

Given your circumstances, you may have grounds...
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1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Q: In the state of Louisiana who has the right to consent to a search?

The police came to my house asked what I did over the weekend and then when I said no to th search they put me in hand cuffs

James L. Arrasmith
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answered on Jun 21, 2024

In Louisiana, the right to consent to a search is generally held by:

1. The property owner

2. A person with apparent authority over the property (e.g., a tenant or resident)

3. An adult occupant of the premises

However, there are important points to consider in your...
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1 Answer | Asked in Tax Law and Criminal Law for Louisiana on
Q: If I owe taxes on my house in Louisiana can I use it to post bail
James L. Arrasmith
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answered on Jun 19, 2024

In Louisiana, you cannot directly use your house to post bail if you owe taxes on it. Bail typically requires cash or a bail bond, not property with liens or tax obligations.

However, if you can clear the owed taxes and gain clear ownership, you might be able to use the house as collateral...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Louisiana on
Q: So my friend and his friend was picked up on an arrest warrant for distribution of meth. Yet in reality the CI called

Her to come smoke with him after they ran out he sent her to find more. She went got her friend and he sold him some of what he had thinking they wanted to continue smoking meanwhile he had got wires up to gain help gain a distribution. They were arrested on a warrant which turned into a affidavit... View More

James L. Arrasmith
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answered on Jun 2, 2024

You should contact a criminal defense attorney as soon as possible to discuss the specifics of the case and the possibility of challenging the arrest. It's important to gather all relevant information, including the circumstances of the alleged offense and the details of the arrest. If the... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Q: Can a case be thrown out if a person hasn't been charged with a crime for over a year?

My sister in law has been waiting to be charged with either a misdemeanor or a felony assault charge of battery. She hit my brother with her car, barely. The video can't tell if it was an accident. She stopped immediately and got out to check on him, and he got up all happy and clapping his... View More

James L. Arrasmith
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answered on May 1, 2024

In your sister-in-law's situation, considering the duration of the case and the changes in the charges, it's understandable why you might question if her right to a speedy trial has been compromised. Generally, the right to a speedy trial is protected by the Sixth Amendment in the U.S.... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: I am being charged for cruelty to juveniles, do I need a lawyer to represent me? Can I have the charges dropped?

Can I have my charge reduced?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 18, 2024

If you are charged with a crime in Louisiana, then you should have a lawyer represent you. While the State (prosecution) has the burden of proof, you need a lawyer to represent you to make sure your rights are protected and to make sure that the State (prosecuton) does not attempt to take... View More

1 Answer | Asked in DUI / DWI, Federal Crimes and Criminal Law for Louisiana on
Q: My bf was arrested by game warden while on probation so he’s on a probation hold for nothing

He was on his boat, he’s 45 years old, and the goHe was not drunk, but still arrested and has 6 charges that are rediculous and should be dropped. But while in jail they brought new charges , felonious ones now. They are for killing too many turkeys and possession of a firearm by a person with a... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about your boyfriend's situation. That must be incredibly stressful and frustrating for both of you. A few thoughts:

It's difficult to say definitively whether the charges will hold up without knowing all the details, but in general, wardens and...
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2 Answers | Asked in Criminal Law for Louisiana on
Q: Can the state of Louisiana charge you with armed robbery, if they don’t have a victim or evidence of armed robbery?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 15, 2024

Can they charge or file a bill of information? They can but it most likely would be defective if they do not have a victim alleged in the bill/charge. That said, if there is no victim and/or no evidence, then the State would not be able to convict ---I would strongly have one involved in this... View More

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2 Answers | Asked in Criminal Law for Louisiana on
Q: Can the state of Louisiana charge you with armed robbery, if they don’t have a victim or evidence of armed robbery?
Brent Stockstill
Brent Stockstill
answered on Mar 15, 2024

The state can always charge you. If the issue is proof of an element a trial is required. technical deficiencies can be handled by o motion to quash. the motion to quash if granted would end the prosecution. The ability of the state to prove what they claim is an issue for the jury to decide.

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1 Answer | Asked in Criminal Law and Federal Crimes for Louisiana on
Q: Yes I literally just got out of jail yesterday due to Bank Fraud which was a huge mistake it was only $881

I’m just wondering what’s next besides court !!! This is literally my first time ever :(

James L. Arrasmith
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answered on Mar 14, 2024

I'm sorry to hear about your situation. Facing charges for the first time can be overwhelming and confusing, but understanding what comes next is a step in the right direction. Besides court, it's important to prepare yourself both legally and personally. Engaging a lawyer experienced in... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: What is the charge of rubbing a minors private area and the degree of offense.what are the possible consequences of this

What if the offender is a family member.

James L. Arrasmith
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answered on Mar 9, 2024

In Louisiana, rubbing a minor's private area would likely be considered sexual battery or molestation of a juvenile, depending on the specific circumstances of the case.

Sexual battery (LA RS 14:43.1):

- Intentional touching of the anus or genitals of the victim by the offender...
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