Baton Rouge Criminal Defense Law Blog

Baton Rouge passenger charged with causing DWI crash

Louisiana's open container law, R.S. 32:300, forbids the possession of open alcoholic beverage containers while motor vehicles are in operation. The law extends to passengers as well as drivers. The law is intended to cut down on drunk driving, but it doesn't cover the legal troubles a Baton Rouge passenger recently had.

The 51-year-old man was charged with DWI, after a pedestrian accident. The defendant was not sitting in the driver's seat at the time of the Saturday night collision. The intoxicated passenger allegedly wrested control of a Chevrolet Impala away from the driver.

Drivers do not have to plead guilty in Louisiana DUI cases

Drivers who have been accused of driving under the influence of alcohol sometimes make the mistake of thinking that they have to plead guilty, but we think that it is very important for them to know that this is not the case. They do have the freedom to enter any plea that they choose, no matter how the arrest was made, depending on the direction that they want things to go.

The first thing that someone who has been pulled over for a DUI needs to know is what technically qualifies as a DUI in this state. These are state laws, after all. In Louisiana, the legal limit is .08 when it comes to blood alcohol concentration or BAC.

Evidence lacking to charge Baton Rouge father with child's death

The public praises speedy arrests, charges and trials following the commission of a horrific crime. Society's urge for justice to be done demands fast answers. Pressure to get and punish "the bad guy" sometimes is so strong it taints the legal process that holds defendants innocent until guilt is proven.

A 5-year-old Baton Rouge child died earlier this month after suffering a seizure. The little girl's father was taken into custody after the release of a coroner's report that ruled the death was a homicide. The autopsy concluded the child's fatal seizure was linked to a stroke the girl suffered as a baby.

What is sex offender registration in Louisiana?

As a person facing the potential punishments associated with sex offenses, it's important to know about the laws and when they began. Sex offender registration started in 1992 in Louisiana, when the state enacted the first law that mandated the registration of those who had been convicted of sex offenses against minors or others. The registration itself is completed through local law enforcement agencies.

In October 1994, the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act was enacted by the United States Congress. At that point, there was enough support and backing through guidelines by the government to start sex offender registration programs within the state. Originally, the act did not allow the registration information to be released to the public; however, that has since changed.

Former Baton Rouge church secretary charged with employer theft

Laws are not lenient for habitual offenders. Louisiana courts make punishments for second and subsequent convictions harsh to deter defendants from repeating crimes. Criminal defense attorneys help to minimize the effects of a criminal past on a defendant's current charges.

A woman convicted in 2002 for stealing money at work was recently charged with doing the same thing to another employer. The one-time church secretary was charged with white collar crimes, after allegedly making personal purchases with debit cards acquired with a Catholic Diocese of Baton Rouge credit card.

What are the penalties for marijuana drug use?

Even though marijuana is legalized in some parts of the United States, it is not legal to use or distribute it in Louisiana. Here are several possible penalties you could face depending on your case. This information is not meant to be legal advice, but it should help you understand the possibilities of your case.

In Louisiana, drug offenses for having marijuana in your possession may include mandatory minimum sentencing. That means that the judge has to give you the sentence, and he or she has little leeway. For example, if you have 60 to 2,000 pounds of marijuana in your possession and are found guilty, the mandatory amount of time you must be incarcerated is five years. The crime is considered to be a felony. You could also face up to 30 years in prison. You could also face fines up to $100,000 for possessing marijuana in that amount.

Baton Rouge woman claims Tinder date ended in rape

The future changes dramatically for Louisiana defendants labeled as sexual predators. Legal punishments are severe when a person is convicted of a sexual offense, but penalties don't stop there. Inclusion in a sex offender registry can cause lifelong devastation to a defendant's professional and personal life.

A 22-year-old Baton Rouge man was jailed on charges that he raped a woman during a date. The alleged victim told authorities she met the man through Tinder, a mobile dating application. The woman stated the defendant raped her during the pair's first meeting.

Louisiana leads the U.S. in Medicaid fraud recovery

Medicaid fraud is a serious problem in the United States. Now, it's being reported that Louisiana recovered over $124 million in fraudulent payments in the Medicaid program in 2012. We have the highest recovery rate in the country.

Certainly some people may be accused of fraud, but how do the Louisiana Department of Health and Hospitals and Attorney General's Office make sure they aren't accusing the wrong people?

2 Baton Rouge business owners face drug trafficking charges

Severe penalties can be imposed upon Louisiana residents convicted of drug crimes. The harshness of punishments handed down by state and federal courts is determined by several factors, including drug type, quantity and the alleged action taken with the drug, from drug possession for personal use to drug trafficking. Laws also forbid possessing or buying certain chemicals used to cultivate or manufacture drugs.

Two Baton Rouge business owners, a 41-year-old man and a 21-year-old woman, were among 11 people recently arrested in Louisiana and four other states. A federal grand jury indicted the defendants on smuggling, conspiracy and money laundering charges. Prosecutors allege that the drug ring purchased chemicals from China to create and sell synthetic marijuana in the U.S.

Data for sex offenses in Louisiana: What's the truth?

Sex offenses are serious crimes that can leave those accused with a ruined reputation. There are several statistics that show the number of sex crimes is dropping in Louisiana, despite the number of people charged with sex crimes every day. According to the Louisiana Foundation Against Sexual Assault, in 2009, forcible rapes were estimated at 30.3 per 100,000 inhabitants, so it's not as common as some would have you think.

Individual risk factors, like antisocial tendencies or hostility toward women, have been named as things to look out for when investigating sex crimes. That shouldn't be all there is to base the case on, though, since hostility could be circumstantial or antisocial tendencies could just be someone being shy. There are a number of ways to look at these supposed criminal characteristics, and they aren't always what they appear. Relationship factors include association with aggressive or delinquent peers, being in an unsupportive family environment or having a violent home life with few resources; these factors shouldn't immediately mean that someone accused of sexual assault is thought of as being guilty.

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Damico & Stockstill
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8048 One Calais Ave, Suite A
Baton Rouge, LA 70809-3483
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