Baton Rouge Criminal Defense Law Blog

Does Louisiana have mandatory minimum sentencing?

For drug crimes, Louisiana does have mandatory minimum sentences. Certain crimes may go without prison sentencing, while others have minimum sentences by law. For example, if you're found in possession of over 10,000 pounds of marijuana and are convicted of a drug charge, you must complete a minimum 25-year sentence. That particular crime is a felony.

Interestingly, possession of marijuana in particular is not enough to result in a mandatory minimum sentence as long as you're in possession of less than 60 pounds of the drug. There are suggested prison sentence lengths, but a judge may not decide to give you any prison time at all. However, if you're caught distributing or growing marijuana, then you're in a different situation.

Sex offense convictions and the Louisiana sex offender registry

Many Baton Rouge defendants focus on immediate hardships caused by criminal charges like the humiliation of an arrest, police questioning, bail conditions, family disruption, media attention and the prospect of going to trial. These are legitimate concerns defense attorneys help mitigate.

Long-term consequences are equally as threatening, particularly with allegations of sex offenses.

What is insurance fraud?

A white collar crime can be any crime involving lying, stealing or cheating. The Federal Bureau of Investigation coined the term in 1939 and uses it to define crimes of fraud within the government and businesses. Scams in particular are common white collar crimes that you may have encountered before.

A particularly interesting kind of fraud is insurance fraud. It is committed either by an insurance company or by an individual against an insurance company. There are several types of fraud that may take place.

What can happen if you’re pulled over for DWI in Louisiana

A traffic stop in East Baton Rouge Parish may occur because a police officer suspects a driver is impaired. A series of events follows. The list can be relatively short or quite long, depending on whether the officer feels there is reasonable cause to make an arrest.

As you may already know, police employ more than one type of test to catch drunk drivers. The results of field sobriety and breath tests are immediately known. Blood samples are tested in toxicology labs.

What is Louisiana's black homicide rate?

Louisiana has been known to be home to more homicides than many other states, and this has recently been found once again to be true. According to a report from January 21, Louisiana has the 5th highest number of black homicides in the United States. The study shows that the victimization rate is 25.75 people per 100,000, which is over six times the national overall homicide rate nationwide.

According to an annual study by the Violence Policy Center, the 2012 report shows that national black homicide victimization rate as 18.03 per 100,000. The state with the most black homicides was Missouri, which ranked first with 34.98 homicides per 100,000. That is close to double the national average for total black homicide victimizations.

Defend yourself against environmental crime claims in Louisiana

When you're accused of a crime, the most important thing is making sure those accusations affect your life as little as possible. You may be able to protect your reputation by "lawyering up" or by refusing to speak to police without a representative. Being accused of a crime doesn't mean you've committed it, so with the right defense team, you can make sure your accusation doesn't make the media spotlight.

Being accused of an environmental law violation may come as a surprise to you. There are several things that may have triggered the authorities' response. If you participated in any of these things or associated with those who did, then you could be charged with a crime. Some environmental crimes include the illegal dumping of toxic waste, falsifying documents or manifests about environmental procedures, improper storage of hazardous chemicals, improper oil field cleanup and others.

Louisiana man accused of DWI fatality hours after posting bail

Experience can be tremendously beneficial in some situations, like parenthood and job interviews. However, the last thing a Baton Rouge criminal defendant wants is a judge to say "Haven't we already met?"

A Louisiana man recently was freed on bond after being charged with three alcohol-related offenses: open alcoholic container, careless operation and DWI. Six hours later, the 47-year-old was arrested a second time. Authorities said the newly-released defendant caused a car accident that killed a 52-year-old Ville Platte woman.

When is a Louisiana homicide not a crime?

Louisiana laws differentiate between killings that are justifiable and those that are serious crimes. Homicide is one person's death caused by someone else. Charges and punishments for criminal homicides vary depending upon several factors, not the least of which is the intent of the alleged offender.

It is not a crime, under many situations, to kill someone else in self-defense or in the defense of another person. Justified homicide in Louisiana includes a stand-your-ground provision. A person does not have to retreat – try to avoid a conflict -- before using deadly force, to prevent death or great bodily harm.

Accusations: Ponzi scheme definition in Louisiana

If you've been accused of a crime like a Ponzi scheme, then you're face federal charges. This serious criminal offense can land you in jail and lead to years of confinement, penalties or other unwanted punishments. What is a Ponzi scheme, though, and why is it so looked down upon?

A Ponzi scheme is investment fraud. It's a type of fraud that involved the payment of returns to investors by using the funds provided by new investors. By using the new investments to pay old returns, the investments look like they're successful. In reality, no real investment has taken place.

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.

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