Louisiana Criminal Defense Legal Questions

Hello Ravion, I have a multi-parish criminal defense lawyer based out of Lafayette and would be more than happy to discuss your boyfriend's case. I'll need some additional information regarding his charge to determine a suitable retainer for the representation, but I believe a payment plan could be worked out. Please feel free to call my office at (337)237-0492 and set up a free consultation so that we can discuss what can be done.... Read Answer

Yes, even during Phase II, the Louisiana Courts are sentencing incarceration for any and all offenses that warrant imprisonment. Now whether or not your boyfriend will be getting prison time will be wholly dependent upon the charge he has been found guilty of or plead to, whether the charge is a misdemeanor or felony, and, in some cases, the judge will also take into consideration the circumstances surrounding the offense. The judges that I have been in front of recently have been a bit more lenient on their sentences due to the concerns over COVID-19 spreading in the prison population and, where they can, have leaned more heavily towards home detention in lieu of prison.... Read Answer

Hello: Possession with intent to distribute charges are serious but with proper representation can be defended against under your particular facts. Your charge is going to be based purely upon the aggregate weight of the marijuana found. Under Louisiana Revised Statute 40:966, there are two elements the DA's office must meet to convict you. 1) Possession of the Schedule I narcotic in a specific weight, here 14 grams of marijuana; and 2) the intent to distribute or dispense that narcotic.  The issue the prosecutor will have to deal with will be the element of intent to distribute, which based upon your description you may not have. In order to establish your intent, the prosecutor in your case would need to show an overt act, such as you offering the weed to an undercover officer, the weed being packaged in individual bags, or you being parked in a vehicle in a location known for dealing. As with many cases, the DA's office likely charged you with the most severe crime they believe they may be able to prove in hopes of you taking a plea to a lesser charge. If you have been charged with possession with intent to distribute, it is very important that you obtain legal representation to protect your rights. Do not answer any more questions from law enforcement without an attorney present. If you would like to consult with me further regarding this issue please feel free to call my office at (337)237-0492 and set up a free consultation so that we can discuss what can be done.... Read Answer

Hello Jennifer, The short answer is sometimes. It depends upon the jurisdiction that the charges are brought in, the drugs involved, how much of the schedule II he had in his possession at the time of the arrest, and who the prosecutor is and whether they are looking to just plea it out or try to make an example of him. The marijuana possession is a misdemeanor and very rarely results in prison time unless there is some prior criminal history. Regarding the Schedule II intent to distribute, that is a felony charge and will depend upon the type of drug and in what quantity. Cocaine and methamphetamine are dealt with much more harshly than drugs like marijuana and Xanax. Where I practice first-time felony marijuana offenders, and even those caught with small amounts of harder drugs, often get off with a plea to a reduced charge and supervised probation. Sometimes, where the prosecutor isn’t in the mood to budge, I can negotiate a compromise that the client goes to drug court where the court will monitor their progress. It all really hinges on the amount that he was found to have. If the amount of schedule II in his possession was just over the statutory threshold to warrant the intent to distribute charge, then there is a greater chance that a plea deal or reduction can be negotiated. But if the amount in his possession was far in excess and the state thinks he’s dealing, it will usually demand some prison time. Even in such cases, a deal may be reached possibly including drug court, supervised probation, and maybe serving any sentence under home incarceration, which can allow him to continue to work and earn a living just under the supervision of the Court. If your loved one has been arrested and/or formally charged with possession with intent to distribute, it is very important that he obtain legal representation to protect his rights. He should not answer any more questions from law enforcement without an attorney present. If you or your loved one would like to set up a free consult with me regarding this issue, please call my office at (337)237-0492 so that we can discuss what can be done.... Read Answer

I'm so sorry to hear about your fiancee's predicament. Sadly, the Louisiana public defender's offices are woefully underfunded and understaffed, which can lead to some poor outcomes when the court-appointed attorneys become overwhelmed with the number of clients assigned to them. If you and your fiancee are having issues with a public defender, you can always contact and bring up your concerns with the Indigent Defenders Office for the parish your fiancee's charges are in. That office may be able to resolve your concerns satisfactorily or appoint a new public defender if necessary.  I would be more than happy to discuss this matter with you if you feel that you would be better served with retaining private defense counsel. I conduct initial client consultations free of charge and would be able to work out a payment plan for the retainer. Once we discuss and I have a better idea of the charges your fiancee is facing, I'll be able to better serve your needs. Please feel free to give my office a call at (337)237-0492 to set up a free consultation.... Read Answer

No. Generally, a lawyer can represent a client in their absence with a signed waiver of appearance, but if a bench warrant has been issued the attorney cannot appear in their stead because the client does not want to be arrested. It would be essentially the attorney aiding in the client's attempt to evade arrest. I would advise that It is better to contact the court and ask that they stay the execution of the warrant and you appear at the next available court date. In some cases paying a warrant fee and getting reserved with a new court date will allow you to avoid being arrested and will give you the opportunity to resolve the charges. The resolution of a warrant issue without an arrest is a case-by-case specific issue and is dependent on the facts involved. If it is just a bench warrant for failing to appear and it was issued recently, then it is more likely that the court will provide leniency and stay the warrant pending your appearance at the next court date. If it has been a long time since the warrant was issued or there are multiple warrants pending, then it is less likely to be stayed. In all cases, it is best to contact the court and hope for leniency. Waiting or ignoring the issue will only result in arrest. If you would like, please feel free to give my office a call at (337)237-0492 and set up a free consult so that we can discuss the resolution of your charges and the outstanding warrant. Thank you.... Read Answer

Hello Ruth, I have a multiple parish criminal defense practice in Louisiana. In order to better assist, I'll need to know what the charges are and where they were brought. If you would like, please feel free to give my office a call at (337)237-0492 and set up a free consult so that we can discuss the resolution of his charges. Thank you.  ... Read Answer

It depends upon the type of drug crime you are charged. I'll give you some examples. In the case of a misdemeanor charge for possession of marijuana, which carries a possible sentence $500 in fines, six months in the parish jail, or both, the prosecutor will have up to two years to bring the charge against you. Whereas with a felony charge of the manufacture of Schedule I narcotics, which carries a possible punishment of no less than 5 years and not more than 50 years imprisonment at hard labor, the prosecutor will have up to six years to bring formal charges. Either way, if you are charged with a drug offense, it is very important that you obtain legal representation to protect your rights. Do not answer any questions from law enforcement without an attorney present. If you would like to consult with me further regarding this issue please feel free to set up a free consultation at my office and we can discuss what can be done.... Read Answer

A bond is merely a guarantee of your appearance in court. In other words it is an assurance that you will show up to all your court dates under the risk of forfeiting the bond if you fail to appear. If you were found not guilty, then more than likely you have made all necessary appearances and the bond may be refunded to you. Exceptions being if at some point during the course of the prosecution you missed a court date and the bond was forfeited or if there are special terms under an agreement with a bonding company. If you paid a cash bond to bond out, it is generally refunded to you by the court once you complete all necessary appearances in court. You can contact the clerk of court to inquire how long it normally takes to get the money back. If you bonded out through a bondsman, it will be governed by the terms of your bonding agreement and you may have to contact them to figure out if, when, and how much you will be refunded.    ... Read Answer

The short answer is, yes. As a party to the alleged criminal activity, with knowledge of your friend's intent to sell the weed, and willingly driving him to do so, you can also be charged with intent to distribute. Under Louisiana Revised Statute 40:966, anyone who is in possession of a schedule I controlled dangerous substance with the intent to distribute it can be charged. As well, under the current case law of State v. Proctor, App. 5 Cir.2005, 901 So.2d 477, 04-1114 (La.App. 5 Cir. 3/29/05) and State v. Tong, Sup.1992, 609 So.2d 822, a driver who takes part in a drug transaction and has knowledge of the drugs in the vehicle may be found to have "constructive possession" of the illicit substances and also be charged with the distribution. Under 40:966, a charge for distribution where, as here, there is a possession of marijuana with an aggregate weight of less than two and one half pounds can result in imprisonment for not less than one year, with a possible maximum of ten years, and a fine of up to fifty thousand dollars. If you have been charged with possession with intent to distribute, it is very important that you obtain legal representation to protect your rights. Do not answer any more questions from law enforcement without an attorney present. If you would like to consult with me further regarding this issue please feel free to set up a free consultation at my office and we can discuss what can be done.... Read Answer

The general standard for calculating parish jail time is two for one so a 5 month sentence usually means serving 2.5 months. It is important to determine what the exact sentence was imposed by the Judge and if the Judge's sentence provided for credit for time previously served and for it to run concurrent with any other jail time currently/previously imposed.... Read Answer

If you did not appear in court, then most likely a bench warrant for your arrest was issued. The bench warrant needs to be recalled and is most likely only going to be recalled if you appear before the Judge. Failure to appear is considered contempt of court and you are exposed to potential jail time of 6 months (180 days) for each count, however this is a worst-case scenario. I would recommend you contact an attorney in your area and have him/her appear with you in court in order to have the bench warrant recalled and the Judge to sentence you for your contempt/failure to appear in court.... Read Answer

Without knowing all the facts or your previous record it's hard to say. If you cannot afford an attorney the Court should appoint a Public Defender to represent you. The Public Defender can advise you better on what you may be looking at. But if you are not guilty it may be worth taking to trial.... Read Answer

The short answer is yes, you have one year to file suit after an auto accident. Criminal and civil statutes of limitation (aka prescriptive periods) are different. Even if a civil matter had criminal aspects (think someone punched you in the nose) you must file suit within one year. ... Read Answer