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Louisiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Louisiana on
Q: Does this mean that the person committed the arson and gave false information after the fact?

Or is it simply the threat of committing arson? Or couldn't mean they committed arson and gave false statements after the fact?

The charge is- communicating false information of arson or attempted arson-

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 11, 2020

Get a consultation with a criminal attorney because more information is needed.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Federal Crimes for Louisiana on
Q: Is there any and where do I look for case law to get a better idea of my chances of avoiding the felony/sentence

I was a passenger in a car I was helping transport back to Texas that I was legally borrowing to do repairs to. The driver (I just met) was hired by vehicle owner to help me make the trip, and unbeknownst to me in possession of meth and a R/X pill/s (of which we were both charged because it was... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 11, 2020

You need to hire a criminal attorney to develop a defense. Do NOT give anyone a statement.

1 Answer | Asked in Criminal Law for Louisiana on
Q: What is the new laws for a convictied felon with a fire arm
E. Alexander Laird
E. Alexander Laird answered on Sep 11, 2020

If you are convicted of certain felonies, including crimes of violence and a long list of other felonies found in Title 14, R.S. 14:95.1, you cannot possess a firearm.

If you are found guilty, you face steep punishments. 5-20 years WITHOUT the benefit or probation or parole....
Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: Hi I have citation for theft from Walmart. It was for $41. I’m trying to see what do I do when I go to court on 9/24.
E. Alexander Laird
E. Alexander Laird answered on Sep 8, 2020

This court date is more than likely your arraignment, where you will plead guilty or not guilty.

1 Answer | Asked in Criminal Law for Louisiana on
Q: If my appted atty request Discovery and the prosecution doesn't include evidence that it holds, is it admissable later?

Prosecution possessed but didn't include lab results in the Motion of Discovery. Prosecution also requested 3 different pretrial dates claiming to be waiting on lab results. When the defendant was presented labs, they were dated and received by the prosecution before a motion of discovery was... Read more »

E. Alexander Laird
E. Alexander Laird answered on Sep 6, 2020

This may be grounds for an appeal for ineffective assistance of counsel.

The main hurdle you might face is whether you were prejudiced by the lack of objection by your public defender.

You must show that “but for” the deficient performance, there is a “reasonable...
Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: Held in detention center after negative COVID test to go to substance abuse treatment, not allowed to go
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 6, 2020

Your question is unintelligible. Contact an attorney.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Q: If my appted atty request Discovery and the prosecution doesn't include evidence that it holds, is it admissable later?

Prosecution possessed but didn't include lab results in the Motion of Discovery. Prosecution also requested 3 different pretrial dates claiming to be waiting on lab results. When the defendant was presented labs, they were dated and received by the prosecution before a motion of discovery... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 6, 2020

It may be ineffective assistance. Consult with an appellate attorney quickly.

1 Answer | Asked in Criminal Law and Traffic Tickets for Louisiana on
Q: I have a hit and run felony on my record from 2004. I was arrested and went to court and paid a fine.

I backed into a vehicle by accident, I got out of the truck to see what happened. The passenger in the truck pulled me back into the truck and another passenger got behind the wheel and drove off with me in the truck. The police chased us down, arrested me booked me and let me out several hours... Read more »

E. Alexander Laird
E. Alexander Laird answered on Sep 3, 2020

To get a felony conviction removed from your record, you must wait 10 years after you have finished your sentence and have no felony charge pending against you.

You only get to expunge a felony conviction once every 15 years.

Hire a lawyer to file a motion for expungement

1 Answer | Asked in Criminal Law for Louisiana on
Q: Can a woman who is charged with 2nd degree murder get a bond reduction....

After she bonds out of jail she opening up a bar in the victims home town

E. Alexander Laird
E. Alexander Laird answered on Sep 3, 2020

The purpose of bond is to ensure you make your future court dates. Bond is set depending on your ties to the community and danger to community. Any defendant may request a reduction in bond upon a showing of good cause.

If your purpose for getting a reduction is so you can open a bar on...
Read more »

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Louisiana on
Q: In Louisiana, does the mother automatically have custody of the child if the father is not on the birth certificate?

My son was by a family members house and they allowed him to take the child and he never brought him back and will not answer the phone.

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

No one has automatic custody. Both/either parent needs to file for custody with a lawyer

1 Answer | Asked in Criminal Law for Louisiana on
Q: Is it illegal to hang out in your car in a public school parking lot outside of school hours?

My girlfriend and I cannot see eachother because of her parents not approving of us. So we made a compromise where we meet in the nearby school parking lot when school is over in the evening for a little shy of an hour. We hang out in my car because it is hot outside however all we really do is... Read more »

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

It's public property and unless there is a school regulation about this, which you can find out from the student handbook, it is completely legal. However, this busy body may not be done harassing you. So make sure that your car is squeeky clean.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Am I likely to go to jail when I go to court?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 31, 2020

Unknown. Hire a lawyer to review your case with you.

1 Answer | Asked in Criminal Law for Louisiana on
Q: What is my likely of going to jail when I go to court for being charged child desert? It was a freak accident.

A freak accident happened yesterday and the cops showed up and wrote me a ticket. I have a court date in October. I have no clue what to expect in court. I have never been in trouble with the law. I would also never put my kids life in danger.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 31, 2020

Hire a juvenile court lawyer for both your child and family services case and criminal court case.

1 Answer | Asked in Legal Malpractice, Criminal Law, Personal Injury and Municipal Law for Louisiana on
Q: What Are The Legal Definitions Of Self Defense And Of Lex Talonis?

Dixon

E. Alexander Laird
E. Alexander Laird answered on Aug 23, 2020

In Louisiana, a person has a a right to use force to prevent imminent injury. But the force must be reasonable and apparently necessary. You do not have a duty to retreat.

You must also not be the initial aggressor in the confrontation.

1 Answer | Asked in Criminal Law for Louisiana on
Q: my lawyer I hired my criminal case he kept mentioning the Louisiana arbitration laws what does that have to do with case
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 23, 2020

Not nearly enough details to provide an answer.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Why does my conviction from 2004 show up on a 7 year background check

I have a first offenders pardon which allowed me to go to the military in lieu of jail time. Name is wrong on the actual pardon

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 21, 2020

Hire a criminal attorney to get it expunged.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: In Louisiana, who do I talk to about recanting my statement?

My partner was arrested for domestic abuse battery - strangulation against me but he is being wrongfully indicted. I never meant for my statement to sound like he strangled me or made it difficult for me to breathe. These are serious accusations and I want them to know the truth.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 21, 2020

Sign an Affidaviy with his defense attorney. Then call the D.A.'s office and tell them you want a drop charge form.

1 Answer | Asked in Criminal Law for Louisiana on
Q: How many days do they have bill you on a felony
E. Alexander Laird
E. Alexander Laird answered on Aug 20, 2020

If you are custody, they have 45 days from the date of arrest to file a bill for a misdemeanor and 60 days for a felony

If you are not in custody, they have 90 days for a misdemeanor and 150 days for a felony.

1 Answer | Asked in Divorce, Legal Malpractice, Criminal Law and Libel & Slander for Louisiana on
Q: What Is The Legal Definition Of Entrapment?
E. Alexander Laird
E. Alexander Laird answered on Aug 20, 2020

This is a common question and subject to many misinterpretations.

Entrapment is a defense to criminal charges. The basis for entrapment occurs between an officer and defendant before or during the alleged crime. When an officer coerces or uses overbearing tactics to induce someone to commit...
Read more »

1 Answer | Asked in Municipal Law, Criminal Law, Legal Malpractice and Wrongful Death for Louisiana on
Q: Can A Municipality Issue A Warrant And Arrest You For Not Appearing At A Court Date That You Were Never Summoned To?

Water Bill Utility Autopayment Overdraft That Somone Else Set Up - Charged With [Issuing Bad Checks]

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 20, 2020

You need to hire an attorney to get the warrant recalled.

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