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Baton Rouge Criminal Lawyers Blog

New bill would require 48 hours jail time for first time DWI offenders

A bill recently introduced into the Senate would require harsher penalties for first-time DWI offenders. Specifically, the bill would make it mandatory for a person convicted of drunk driving to spend at least 48 hours in jail. The jail time could not be suspended by a judge. At present, the penalty for a first-time DWI is 10 days in jail, unless a judge suspends the sentence.

According to Senator Jonathan Perry, who introduced the bill, the goal is to protect others drivers on the roadway, particularly the children. The bill has reportedly been approved by a Senate committee, and now moves on to the Senate floor to be debated.

Rapper "Lil Boosie" acquitted of murder

Last week, we wrote a post about the murder trial of Torence Hatch, the Baton Rouge rapper known as Lil Boosie. Hatch had been on trial for the 2009 murder of a man gunned down in his home. As we noted, Hatch was accused of hiring a hitman to kill the victim. Prosecutors had apparently included in their evidence a song, the lyrics of which the prosecutors felt contained strong suggestions that Hatch was responsible for the slaying.

The 29-year-old rapper is presently serving an eight-year prison sentence on drug charges unconnected to the murder. The verdict was a real victory for him, as he would have faced life in prison had he been convicted of the murder.

Baton Rouge man faces child pornography charges

On Thursday, a 60-year-oldBaton Rouge man was arrested and charged with 100 counts of pornography involving juveniles. Sources didn't provide any other details about the alleged criminal activity, but did point out that Attorney General Buddy Caldwell, who is in charge of the case, has earned a reputation for being tough on monitoring, arresting, and prosecuting child predators online.

With child pornography charges, prosecution needs to prove that the defendant knowingly and purposefully possessed, received or distributed child pornography. Proving such charges usually beings with proving that the images involved in the case constitute child pornography and that the person being charged is responsible for the images. Nowadays, this often involves looking at computer evidence, which requires forensic examination.

Baton Rouge rapper "Lil Boosie" on trial for first degree murder

Our Baton Rouge readers may have been following the ongoing murder trial against Torence Hatch, also known as "Lil Boosie." Hatch is currently on trial on charges of first degree murder connected to the death of Terry Boyd, who was shot to death in his home in the fall of 2009. Hatch is specifically accused of paying a hitman to kill Boyd.

Interestingly, prosecutors have introduced evidence in court suggesting that a song recorded by the rap artist provides evidence of his intent to kill Boyd. Prosecutors even had a computer forensics expert testify that the supposed time the song was recorded corroborates with the lyrics that Hatch had plotted Boyd's death.

House committee approves measure to crack down on second-time DWI offenders

Earlier this month, the Louisiana House Committee on the Administration of Criminal Justice approved of a measure that would require second-time DWI offenders to spend at least 30 days in jail and go through substance abuse counseling. The measure, which now goes to the House floor for debate, was unanimously approved by the committee, along with another bill which would punish anyone over 18 years of age who fails to report witnessed physical or sexual abuse of a child.

The bill, which was sponsored by Rep. Sherman Mack of Albany, began with requiring up to six months in prison without suspension of the sentence, but an amendment permitted the sentenced to be lowered with court-approved drier improvement and substance abuse counseling. The measure is intended to help offenders rehabilitate and avoid lengthier imprisonment.

Baton Rouge woman indicted on murder charges

Last Thursday, a 29-year-old Baton Rouge woman was indicted by a grand jury on charges of murder stemming from shootings that took place in February. Police and prosecutors claim that the woman shot a 51-year-old man, stole his bike and rode it a few blocks, and then fatally shot a 55-year-old man. The first man, who was apparently shot in the shoulder, survived. According to police, the defendant and the two men had been in a fight earlier in the day, though sources didn't indicate the nature of the argument or how the parties knew one another.

The East Baton Rouge grand jury charged the defendant on charges of second-degree murder and attempted murder. The charges are very serious, as a second-degree murder conviction carries an automatic life sentence.

Illegal searches can result in exclusion of evidence at trial

 A Baton Rouge man facing federal drug and gun charges also faces murder charges in state court. The charges, as The Advocate notes, stem from a search of the defendant's home back in June of 2010. Police had apparently entered the man's home looking for evidence that would connect him to the 2010 homicide of two Baton Rouge men. In the process they claim to have found evidence of other criminal activity.  

The 34-year-old is specifically charged with possession with intent to distribute 79 hydrocodone pills and 200 grams of marijuana. Sources were not clear as to the specific firearms charges. At the state level he faces charges for first-degree murder and attempted murder.

Mother charged with negligent homicide after tragic home fire

On Sunday, a mother was charged with four counts of negligent homicide after her children died in a mobile home fire in the town of Rayne, which is roughly 70 miles west of Baton Rouge. The mother, whose children ranged from 2 to 8 years of age, was reportedly away when the fire happened, though it isn't clear where she was.  

Neighbors of the 26-year-old mother said she left the children home alone. One neighbor reportedly called police on Friday night to report that the children had been left without an adult. They were released back to their mother on Saturday, the day the tragedy occurred. Sources said several neighbors attempted to break inside the home to rescue the children but were unable to do so.

Bill would make habitual offenders eligible for parole, now goes to Senate

Habitual offenders convicted of drug offenses and other "victimless offenses" were given a hopeful piece of news on Thursday when the Louisiana House passed a measure proposing to give them the opportunity to be released from prison.

The measure, which is supported by the state Department of Corrections, reportedly has the goal of helping to ease overcrowded prisons throughout the state. The bill requires inmates to display good behavior, receive necessary substance abuse treatment and obtain a GED or partake of other educational opportunities. Those requirements fulfilled, an inmate would be eligible for parole and would have to present before the parole board prior to release.

Recent measures seek to crack down on sex offenders

In recent weeks, Louisiana lawmakers have been busy considering various measures affecting criminal defendants throughout the state. In particular, the measures we're referring to aim to target and crack down on those convicted of sex offenses.

One of the measures, which we've previously mentioned in one of our posts, seeks to penalize "mandatory reporters" who witness but do not report crimes of child sexual abuse. The bill expands the list of mandatory reporters to include school bus drivers, college professors, coaches, technical and vocational school faculty, staff members of colleges and vocational technical schools and administrators.

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