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Louisiana Criminal Defense Legal Questions

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146 legal questions have been posted about criminal law by real users in Louisiana. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
Louisiana Criminal Defense Questions & Legal Answers - Page 6
Do you have any Louisiana Criminal Defense questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 146 previously answered Louisiana Criminal Defense questions.
Criminal Law
Louisiana

Recent Legal Answers

What can I do in criminal property damage?

Answered 13 years and 4 months ago by Stanley Stephen Spring (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can always consider filing a civil suit in which you would be deposing the guilty party. During depo with no criminal charges pending they will have to answer all your questions. After that bring your evidence with their statement (tailor make the criminal case) and deliver it to the DA's office for prosecution.... Read More
You can always consider filing a civil suit in which you would be deposing the guilty party. During depo with no criminal charges pending they will... Read More

Is the traffic stop legal?

Answered 13 years and 4 months ago by John J. Carney (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Criminal Defense
The officer will make up some reason for the stop since the prosecutors and police are corrupt liars and will testify to whatever makes the stop legal. They are all willing to commit perjury and the prosecutors and police agree on what lie they will tell without any concern for getting caught since no cop or prosecutor has been prosecuted in the last 50 years. It is a corrupt system and always has been. Every experiences criminal lawyer knows this and it makes us sick too see the police lie on the stand and the judges believe them.... Read More
The officer will make up some reason for the stop since the prosecutors and police are corrupt liars and will testify to whatever makes the stop... Read More

What am I looking at in court if I was arrested but then only received a summons to appear in court?

Answered 13 years and 7 months ago by Ross Scaccia (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Theft under $100.00 and that is a misdemeanor, punishable by a fine and imprisonment for up to 6 months ... if you have a clean record you probably will not go to jail.
Theft under $100.00 and that is a misdemeanor, punishable by a fine and imprisonment for up to 6 months ... if you have a clean record you probably... Read More

For marijuana possession, are you required to pay the fine immediately at court or are you given a date to pay it?

Answered 13 years and 8 months ago by attorney Stephen D. Hebert   |   1 Answer   |  Legal Topics: Criminal Defense
Every court and judge is different. Nonetheless, a defendant is usually given a period of time to pay their fines and fees in full.
Every court and judge is different. Nonetheless, a defendant is usually given a period of time to pay their fines and fees in full.

How do I file a motion to run sentence concurrent?

Answered 13 years and 9 months ago by Michael R Garber (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You might look in the Yellow Pages. Sentences normally run concurrently, but not if they are from 2 separate incidents.
You might look in the Yellow Pages. Sentences normally run concurrently, but not if they are from 2 separate incidents.

How long do I have to hold the restraining order?

Answered 13 years and 9 months ago by Michael R Garber (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Send him a letter and tell him he has until a certain date to get his stuff or you'll dispose of it.
Send him a letter and tell him he has until a certain date to get his stuff or you'll dispose of it.

Can a police make up other reasons for initial stop after I'm already arrested?

Answered 13 years and 9 months ago by Michael R Garber (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Sure, cops can and sometimes do make things up. I doubt a zig-zag in the road requires a turn signal, so his reason for the stop, regardless of which he uses (illegal tint or zig-zag), it sounds like there was no probable cause for the stop.
Sure, cops can and sometimes do make things up. I doubt a zig-zag in the road requires a turn signal, so his reason for the stop, regardless of which... Read More

What happens if I get a DUI out of state?

Answered 13 years and 9 months ago by Michael R Garber (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Nothing. It will simply go on your driving record as a DWI and can be used as the basis for a 2nd offense if you get arrested again.
Nothing. It will simply go on your driving record as a DWI and can be used as the basis for a 2nd offense if you get arrested again.

What happens if my son did not appear for his court date?

Answered 13 years and 9 months ago by Michael R Garber (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
A bench warrant was issued for his arrest. He needs to talk to his P.O. and appear when ordered to. Sounds like he was supposed to be in court for a probation revocation hearing. If his probation is revoked he'll serve the original sentence.
A bench warrant was issued for his arrest. He needs to talk to his P.O. and appear when ordered to. Sounds like he was supposed to be in court for a... Read More

Is there a way to keep my first misdemeanor possession off my record?

Answered 13 years and 9 months ago by Michael R Garber (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
If you plead guilty under Code of Criminal Procedure Article 894 it comes off your record after a year. But you might have to file a request for expungment.
If you plead guilty under Code of Criminal Procedure Article 894 it comes off your record after a year. But you might have to file a request for... Read More

What is an attempted burglary charge?

Answered 13 years and 9 months ago by Michael R Garber (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It's felony. It means you tried to enter a building to commit theft or another crime.
It's felony. It means you tried to enter a building to commit theft or another crime.

How do I get a restraining order dropped on my husband?

Answered 13 years and 9 months ago by Michael R Garber (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Talk to the prosecutor and tell him you don't want to prosecute.
Talk to the prosecutor and tell him you don't want to prosecute.

Can I own firearms if I am a felon with four DWI convictions?

Answered 13 years and 9 months ago by Michael R Garber (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Felons can't own firearms.
Felons can't own firearms.

What can I do if a warrant has been issued for attempted unlawful entry?

Answered 13 years and 10 months ago by Michael R Garber (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Do you own the property with her? If so is there a court order prohibiting you from entering the home? Those could be defenses, but the simplest thing is to have her sign a reluctant witness affidavit stating that she doesn't want to prosecute.
Do you own the property with her? If so is there a court order prohibiting you from entering the home? Those could be defenses, but the simplest... Read More

Can i get jail time for my 3 DUIs?

Answered 13 years and 10 months ago by Michael R Garber (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, you can get jail time. In fact, you will get jail time if you haven't already.
Yes, you can get jail time. In fact, you will get jail time if you haven't already.

My husband has a felony firearm charge but there is no evidence he had a gun, what can we do?

Answered 13 years and 11 months ago by Michael R Garber (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Talk to his court appointed lawyer.
Talk to his court appointed lawyer.

Will I receive a ticket or summons in the mail?

Answered 13 years and 11 months ago by Michael R Garber (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
I don't know, but it sounds like you'll be getting a notice of arraignment some time in the future.
I don't know, but it sounds like you'll be getting a notice of arraignment some time in the future.

How long does the courts have to set a court date before the charge is dismissed?

Answered 13 years and 11 months ago by Michael R Garber (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You have a long time to wait. For misdemeanors the time limit is 2 years and for felonies it's longer, unless you file a motion for speedy trial. Then I think the trial has to be within 60 days.
You have a long time to wait. For misdemeanors the time limit is 2 years and for felonies it's longer, unless you file a motion for speedy trial.... Read More

Is it considered theft to sell a truck not in your name?

Answered 13 years and 11 months ago by Michael R Garber (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The title is evidence of ownership but not proof of ownership. A sale is completed when the parties agree to the thing being sold and the price to be paid and both agree to the sale. A donation is complete upon delivery of the thing donated and acceptance by the donee. It's the buyer's/donee's responsibility to change the title. You need to get an affidavit from the buyer/donee that it was scrapped. You might be able to get something from the junk yard showing it was scrapped.... Read More
The title is evidence of ownership but not proof of ownership. A sale is completed when the parties agree to the thing being sold and the price to be... Read More

My husband was arrested for a parole violation, then he violated his parole, charges were dropped, how long will he have?

Answered 13 years and 11 months ago by Michael R Garber (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If the parole violation charge was dropped, he shouldn't have to serve time, because his parole wasn't revoked. What kind of idiot thinks it's a good idea to violate his parole and risk going to prison.
If the parole violation charge was dropped, he shouldn't have to serve time, because his parole wasn't revoked. What kind of idiot thinks it's a good... Read More

My daughter found a phone and is getting charged with theft, what can we do?

Answered 13 years and 11 months ago by Michael R Garber (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Criminal Defense
How did the cops find out she had the phone? Did she make calls on it? If she did she's probably guilty of theft of services if not theft of the phone. You could hire a lawyer to represent her or at least consult a lawyer to see what can be done.
How did the cops find out she had the phone? Did she make calls on it? If she did she's probably guilty of theft of services if not theft of the... Read More
Criminal Law
Louisiana

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