Baton Rouge Criminal Defense Law Blog

Defendant indicted on Baton Rouge forcible rape charge

Louisiana defendants face extremely harsh punishments for sex-related criminal convictions. Lengthy prison terms may be followed by life-long, mandatory registration with a sex offender registry. Public sentiments about sex crime drive prosecutors to push hard for convictions, but these are not obtainable without sufficient proof a crime was committed.

A 23-year-old out-of-state man was indicted by a grand jury recently on a Baton Rouge forcible rape charge. Under Louisiana law, forcible rape occurs when a victim is rendered incapable of resisting intercourse or is prevented from stopping the act due to force or violent threats. Forcible rape is punishable by a five to 40-year prison term and permanent sex offender registry registration.

Medical fraud and your rights: Defend yourself in Louisiana

Being accused of fraud can change your life, even if you aren't convicted. You could face the allegations and accusations you fear from colleagues or your employer; you may have your reputation tarnished and rumors spread about your behavior. When you're not to blame for health care fraud at the medical office or simply made an accounting error, you deserve to have your side of the story heard and to prevent the damage these accusations could cause you in the long run.

It's difficult to keep up with changes in health care. You, as a medical provider, have to study new disorders and treatments, and you need to work with your patients to give them the time and care they need. On top of that, you have to understand how to use the billing arrangements and plans offered through the government; these plans can be difficult to bill correctly in some cases, and that can lead to accusations where nothing wrong has taken place.

Have Louisiana drunk driving laws changed for 2015?

Sentences associated with alcohol-related offenses got tougher for Louisiana drivers at the beginning of the year. Convicted first-time offenders, including drivers under the legal drinking age, now face penalties that can include jail time. The need for a vigorous DUI criminal defense is more important now than any time in the past.

Under previous laws, first-time DUI offenders under 21 were fined as little as $100 and ordered to take part in driver improvement and substance abuse programs. Starting in 2015, laws made it possible for all first offenders to land in jail for at least 10 days and as long as six months. The fine range shot up to a $300 minimum and $1,000 maximum.

Accused of a sex crime? Take charge and defend your rights

Have you been accused of a sex crime in Louisiana? The feeling can be horrible, especially if you've been accused of something that you didn't do. Sometimes, something that was consented to can later be contested, and when you're at the center of the charge, it can put your life at risk.

Defending yourself is of the utmost importance. Whether you're facing rape charges or an accusation of sexual harassment, you deserve to have your side of the story heard before anyone makes a judgment against you.

How the federal government fights health care fraud

When you mess with government money, the government messes with you. That's not a slogan for a fraud awareness campaign ad. The statement is true -- federal investigators have every reason to try to recover money stolen from health care programs funded by taxpayers.

The U.S. government is so serious about health care fraud that two agencies combined forces to combat it. The Department of Justice and the Department of Health and Human Services work together using a single team of enforcers, known as the Health Care Fraud Prevention and Enforcement Action Team. The Medicare Fraud Strike Force has offices in nine cities nationwide, including Baton Rouge.

Murder charge? Fight back and defend your rights in Louisiana

There are few things as frightening as being accused or charged with murder. This is a serious, life-threatening situation; you could face a lifetime in prison if this case doesn't go your way. Fortunately, in any case you find yourself in, you have a right to a defense that will protect your best interests.

It's important to have a defense for a number of reasons. You need to make sure your family is protected and not harassed by the media. You need to know your reputation won't be tarnished unnecessarily. You want to be sure that the court isn't one-sided, and you need to make sure the case is properly investigated. If you've been accused without a cause, then this time before you go to court can be used to research your alibi and find ways to get you out of this situation.

Pandering charge follows Louisiana cabbie’s passenger encounter

Evidence is vital when a defendant's word is challenged by someone else's version of events. Only one account is true, but which person will a Louisiana court believe? Criminal defense attorneys work to undo the damage following a sex offense charge.

A New Orleans cabbie was arrested after a female passenger accused the man of trying to get her to perform a sexual act. The alleged victim told authorities the taxi driver took advantage of her because the woman didn't have enough money. The woman claimed she made a deal with the driver to take her halfway to Lacombe from the French Quarter for $20 -- all the money she had.

Marijuana laws in Louisiana and your potential for penalties

In Louisiana, you can still get in trouble for having marijuana despite it being legal in other states within the United States. Because the legality of marijuana is not a federal law, you must abide by your state laws. Here is a rundown of the penalties you could face if you're caught using, selling, possessing, or distributing marijuana.

First, if you have only been stopped for marijuana once and have less than 60 pounds on you at the time, you can still be imprisoned for up to six months. The maximum fine you face is $500. On a second offense for the same crime, you can face up to five years in prison and a $2,500 fine. On a third or greater offense, you may face up to $5,000 in fines and up to 20 years in prison.

Louisiana DWI breath tests, officers are not infallible

Accusations don't make you a criminal. Defense attorneys realize efforts to clear your name should begin as quickly as possible, with a goal of minimizing consequences. A Baton Rouge defendant may lose opportunities to retain driving privileges and avoid charges, by failing to seek legal advice immediately after an arrest.

A defendant may feel a failed alcohol breath test might as well equal a conviction. That's not necessarily true. Breathalyzer tests aren't always mistake-proof, nor are the police officers who conduct them. An attorney will not take the results of a breath test at face value, without investigating why and how you were tested.

What is a white collar crime in Louisiana?

So, you've been accused of a white collar crime after doing your job. Do you know what one is? Lying, cheating or stealing are the main categories of crimes within a white collar crime charge, and all essentially describe fraudulent activity. Fraud can take place at the business or governmental level, and it can be charged at the state or federal level, depending on your circumstances.

While some may think that white collar crimes don't have any real victims, that isn't true, and the number of people who suffer due to them is significant. A scam can wipe out a savings account or destroy computer information. While the seriousness can't be overlooked, being accused of a crime like this is a major problem. The crime can be charged at the federal level, and that means a federal prison sentence could be given.

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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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