The state reportedly seeks to supplement the record and requested the transcript of the May 3 hearing that led to the decision. The Donaldson man was 19 years old when the accident took place. According to sources, the infant was unrestrained at the time of the accident, and was ejected from the vehicle. It was later discovered that the man had a blood alcohol content fo .08 percent. Nowadays, that is over the state’s threshold for presumptive drunken driving, but back then it was not.
]]> The man was originally booked on driving while intoxicated. That charge was later dropped and he was charged with vehicular homicide. The year after the accident, he pleaded guilty to negligent homicide and was sentenced to two years imprisonment.That sentence was upheld on appeal, but the man whas not taken into custody and he did not serve time. Earlier this month, it was ruled that too much time had passed to enforce the sentence, which was suspended. In its place, the man was ordered to serve two years of supervised probation.
The state plans to file with the 1st Circuit Court of Appeal after receiving the transcript. It could be up to three months or more before a hearing actually takes place before the appellate court.
Source: Source: The Advocate, “State starts appeal in negligent homicide case,” Bret H. McCormick, May 13, 2013.
]]>The deadly accident occurred back in back in 2009 when he drove his pickup into his roommate and a crowd of other students, many of whom were his friends, after leaving a night of drinking at a club.
]]> After running the crowd down, he drove away and parked his truck in front of his home about 100 yards from the accident. The victims had reportedly attempted to talk him out of driving his truck home beforehand, but were unsuccessful. Police said that his blood alcohol level was .0152, nearly twice the legal limit, at the time of the crash.Quebedeaux’s attorney had argued that his client was undergoing rehabilitation, getting his life back on the right path, and had made great progress in jail. Among the signs of progress are that he is working on a degree and helping other inmates with schooling. The arguments, failed to convince the families of the victims.
Though many people do not realize it, criminal defense does not end with a criminal conviction. For those who are convicted, there is the appeals process, and beyond this there is the possibility of pursuing a variety of issues, including prosecutorial misconduct; the recanting of a witness; the arising of new evidence not heard at trial; and deprivation of constitutional rights. In some cases, it is possible to pursue a claim for ineffective assistance of counsel.
Those who feel they could benefit from post conviction relief should contact an experience criminal defense attorney.
Source: Source: WDSU News, “Drunken driver convicted in student deaths seeks reduction in sentence,” May 1, 2013.
]]>Documents show that reported sexual assaults in the military rose 6 percent to 3,374 in 2012, but a survey of personnel not required to reveal their identities suggested the number could be as high as 26,000, most of these being unreported. That number is up from the 19,000 estimated for 2011.
]]> Critics say that the military’s justice system is partly to blame, because of how it deals with cases. Current regulations permit officers to reverse criminal convictions, but critics say this practice presents the potential for serious conflicts of interest. Victims, they say, are afraid of coming forward for fear of retaliation, while perpetrators are rarely prosecuted.Embarrassingly, the chief of the Air Force sexual assault prevention unit was recently arrested for sexual assault, only days before the newest assault figures were published.
Sexual assault is a serious crime to face, and the consequences can be far reaching for those who are convicted. Because of this, it is critical for those facing such charges to build a strong case right away and do everything possible to protect their rights. Doing so will help ensure that the best possible outcome is reached in the case.
Source: 9WAFB, “Military sex assault reports up, changes ordered,” Lolita C. Baldor & Donna Cassata, May 7, 2013.
Source: Source: 9WAFB, “Military sex assault reports up, changes ordered,” Lolita C. Baldor & Donna Cassata, May 7, 2013.
]]>The 36-year-old woman now faces up to 20 years in prison, as well as three years of supervised release and up to a $250,000 fine when at sentencing. The claim was filed in September 2010 with the Gulf Coast Claims Facility, an organization that dispensed disaster assistance funds to those affected by the Gulf of Mexico oil spill. Houston was accused of wiring a fraudulent earning statement to the Gulf Coast Claims Facility, claiming to have lost $8,640 due to the disaster.
]]> The Gulf Coast Claims Facility, say prosecutors, paid Houston $5,900 for her claim, which she later cashed and spent. The Federal Bureau of Investigation later pursued the case and brought it to federal court along with the National Center for Disaster Fraud. This group encourages anyone with knowledge of fraud, waste, abuse or mismanagement allegations related to disaster relief operations to report what they know.Fraud charges comes in a variety of forms, including bankruptcy fraud, tax fraud, identity theft, mail fraud, insurance fraud, credit card fraud, securities fraud, and wire fraud. By the time most people are hit with fraud charges, there is usually a good deal of evidence working against them. It is important for defendants to start early on in building up a defense case and looking for potential weaknesses in the case against them.
Because each case carries its own challenges, and because the approach that works in one case will not necessarily work in another case, it is important to work closely with an experienced attorney in dealing with fraud charges.
Source: Source: Nola.com, “Slidell woman pleads guilty to wire fraud in aftermath of BP oil spill,” Heather Nolan, April 19, 2013.
]]>Prosecutors in the case say that Louding lied during the Hatch murder trial. He did not, however, testify at his own trial, though jurors viewed his videotaped police statements from May 2010 in which he confessed to shooting Boyd.
]]> At sentencing, Louding faces a maximum of life in prison without parole. Because he was only 17 at the time of the incident, he is not eligible for the death penalty.Louding faces four other counts of first-degree murder and another count of second-degree murder stemming from a series of fatal shooting over a 14-month period. Videotaped police statement reportedly show Louding also admitted to another murder, as well as taking part in several others. The prosecutor in the case was allowed to introduce evidence of other crimes, including the killing of these men.
Advocacy in the case is not over, though, as a hearing will now have to be held on the issue of whether Louding should face life in prison without parole. That is because of a U.S. Supreme Court ruling last June holding that states may no longer automatically sentence juveniles to life imprisonment without parole without holding a hearing to consider the defendant’s youth, upbringing, the circumstances of the crime and other relevant factors.
Source: Source: The Advocate, “Jury convicts Louding of first-degree murder,” Joe Gyan Jr., April 28, 2013.
]]>A recent U.S. Supreme Court case illustrated that the penalties can be much more severe when the individual accused of the crime is a legal resident in the United States, but not a citizen. The case involved a man who came, with his parents, to the United States when he was only three years of age. He had been in legal status in the U.S. since he arrived in the country in 1984.
]]> In 2007, a police officer uncovered a very small quantity of marijuana while searching the man's vehicle. Subsequently, the man faced charges of marijuana possession with the intent to distribute. He agreed to accept a plea deal, which prevented him from facing jail time.The man was not informed that accepting the deal could have more serious repercussions involving his legal status in the country. After accepting the deal, he was informed that the charges amounted to an aggravated felony under federal law. Accordingly, he was told he would be deported to Jamaica, leaving his wife and five children behind in the United States.
The U.S. Supreme Court determined that based on the small quantity of marijuana found in his possession and the lack of evidence indicating the man was intending to sell the marijuana, mandatory deportation was not required in this case.
Source: NPR, "Justices Say U.S. Improperly Deported Man Over Marijuana," Nina Totenberg, April 23, 2013.
]]>The defendant in the case, a lieutenant colonel, was exonerated by a lieutenant general who overturned a guilty verdict in connection with the sexual assault charges. Although the action has triggered questions about the military's legal structure, the higher-ranking officer argues that he was justified in his actions, considering the nature of the case.
]]> Military law permits commanding officers to overturn certain legal verdicts. Cases that are overturned must be validated with compelling legal arguments from the commanding officer, which were certainly provided in this case. The man's letter to other government officials outlines 18 reasons for overturning the case, many of which have to do with the victim's credibility.A jury had found the defendant guilty, but the commanding officer chose to overturn that verdict because the victim's account of the night's events did not add up. The alleged victim had become overly intoxicated at a party hosted at the defendant's home, according to the complaint, and she decided to spend the night at his house instead of driving home. She turned down three different offers for rides, according to the man's statements, and she could not provide consistent reports about the events of the evening.
The commanding officer also reportedly included evidence that was not admissible in court, including information from the victim's friend who transported her to the hospital after the alleged assault. The commanding officer said his subordinate was a "family man" who would never dream of violating a woman, especially in his own home.
Military members who face similar sexual assault should be aware that their commanding officers could overturn the verdicts. Enlisting the help of a qualified attorney could also provide for a more complete criminal defense, allowing the defendant to be protected throughout the trial, plea and sentencing processes.
Source: Times, "Officer Defends Overturning Sexual-Assault Verdict," Lolita Baldour, April 10, 2013
]]>The survey found that 20 percent of teens who admitted to having abused prescription drugs said their first experience occurred before the age of 14. Around 27 percent of these teens said they mistakenly believed that prescription drug abuse is safer than taking street drugs.
]]> How are parents dealing with all this? While about four in five teens said they had discussed alcohol and marijuana use with their parents and nearly one third said they had spoken with them about crack/cocaine, only 14 to 16 percent said the topic of painkiller and prescription drug abuse had come up in conversation.Surprisingly, one third of the parents who participated in the survey reported falling for the same mistaken belief that drugs like Ritalin or Adderall can enhance a child's school performance even if the child is not diagnosed with ADHD. And 20 percent of parents admitted to willfully giving their teen a prescription medication they had in their cabinet, for which their child had no prescription.
Prescription drug abuse-taking a prescription medication in a way not intended by the prescribing physician-is an offense that can be punished under federal and state law. Those facing such charges have need of solid defense so that charges against them have as little impact as possible.
Source: WAFB.com, "Prescription drug abuse up among US teens," Alan Mozes, April 23, 2013
]]>Police said that Hart's vehicle was being driven erratically at over 90 miles per hour immediately prior to the near miss. Hart subsequently failed a sobriety test and was subsequently booked for misdemeanor DUI, then released on Sunday afternoon after paying a $5,000 bond. At the time of the incident, Hart reportedly had a female passenger in his vehicle. She was sent home via taxi after the arrest, apparently unharmed.
]]> Sources didn't provide much detail about the way in which officers determined Hart's level of intoxication. Sobriety tests are often used alongside preliminary breath testing devices to gather evidence of intoxication. The whole goal of gathering this evidence is to be able to show later on in court that the defendant was too intoxicated to safely operate his or her vehicle-that their consumption of alcohol affected their ability to drive to an appreciable degree.If police gather enough evidence of intoxication upon the arrest, they will typically take a breath or blood sample which is supposed to provide a more accurate reading. If the blood alcohol concentration is above the legal limit, which is .08 in Louisiana and in most states, it is enough evidence to convict the defendant of DUI without a lot of explanation.
Of course, there are some ways in which breath and blood samples may not be completely accurate. This and other issues are part of what defense attorneys look for in evaluating and building a criminal defense case.
Source: The Advocate, "Comedian Kevin Hart arrested on suspicion of DUI," April 16, 2013
]]>Sources say that Investigators from the attorney general's High Technology Crime Unit searched the man's home on Friday and found around 50 files involving child pornography. The content of the videos-acts of rape upon young children-is disturbing, making the case a difficult one from the defendant's perspective.
]]> According to investigators, the man admitted to downloading the child pornography while at work. This is an interesting point, and touches on a topic which might be worth looking at in general.Admissions of guilt are important to look at when handling a criminal defense case. Without commenting on this case at all, it does happen that admissions of guilt are not properly received by police. When this happens, it can affect the integrity of the prosecution's case.
Admissions of guilt made outside court to a police officer may be introduced as evidence in a criminal case, provided the defendant was given the proper warnings as to his or her rights. These are known as the Miranda warnings. Sometimes police get caught up in an investigation and forget to follow proper procedure, and start taking admissions of guilt without following the proper procedure. It is important to look carefully at this issue when building a criminal defense case.
Even in disturbing criminal cases, it is important that defendants have their rights protected and their case tried properly.
Source: The Advocate, "Police and fire briefs for April 7, 2013," April 8, 2013
]]>According to witnesses of the incident, the 24-year-old woman was driving at an extremely fast speed on Interstate 12 near the Juban Road exit when her vehicle crashed into the rear of an eastbound pickup in the early morning on Sunday. The pickup, driven at the time by a 25-year-old Walker man, was driven off the road as a result, and struck a tree.
]]> Medical personnel were able to revive the man at the scene, but the impact of the tree crash resulted in injuries that later led to the man's death at a local hospital.According to authorities, the woman's blood alcohol content was measured at .15 percent. She was subsequently booked into the Livingston Parish Detention Center.
A reading on a breath-alcohol analysis device of .08 percent is, under state law, presumptive evidence of drunken driving. A defendant who wants to fight charges under such circumstances needs to challenge the breath test. There are several ways to do this, one of which being to call into question the accuracy of the device itself, or the way it was programmed.
Those who have been charged of drunk-driving where there is no presumptive evidence of intoxication can challenge their case by showing that even though they drank alcohol prior to operating a motor vehicle, it did not sufficiently impact their ability to drive. A certain level of impairment would need to be demonstrated in such cases. Where the evidence just isn't there, a defendant may have a foothold in their case.
Source: The Advocate, "Denham Springs woman booked with vehicular homicide," Heidi R. Kinchen, April 9, 2013
]]>The FBI, according to U.S. Attorney Donald J. Cazayoux Jr., traced the source of the pornographic images to an apartment in Baton Rouge that was being rented by the man. He was subsequently charged with distribution of child pornography.
]]> According to court documents, the charge to which the man pleaded guilty alleged the images he unknowingly sent the FBI were visual depictions involving the use of minors engaged in sexually explicit activity. Prosecutors agreed, in exchange for a guilty plead, to drop a second charge alleging that the man possessed additional child pornography when agents searched his apartment.Pleading guilty to criminal charges isn't the most glamorous way to end a criminal case. But in some cases, it may be the best possible way to resolve a case. That is especially true if prosecutors agree to dismiss other charges they could choose to pursue.
But pleading guilty isn't always the best way to resolve a criminal case, even if prosecutors handing out a tasty deal. It is critical for a criminal defendant to carefully consider their rights, the evidence, and the strategy of the case before making the decision to plead guilty. In doing so, it is important to work with an experienced criminal defense attorney.
Source: The Advocate, "BR man gets 8 years in child pornography case," Bill Lodge, April 4, 2014
]]>Researchers found this after identifying 30 active gangs in East Baton Rouge Parish with more than 500 members and tracing involvement in homicides. About 43 percent of the 199 murders that occurred during that time were confirmed to be "gang-member involved murders."
]]> Another 12 percent of the homicides were found to likely have had gang members involved. This classification is used in homicides where the victim or suspects is a known gang member, and for cases where specific gang affiliation was undetermined but circumstances fit the criteria for gang-related violence.According to the report, the issue is an important one, because the underlying assumption is that there are often group dynamics involved in cases where individuals commit violent crimes like murder. Identifying where group dynamics played a part can help to disrupt gang violence.
Baton Rouge's street gangs range in size from four to 60 members, including between 580 and 647 altogether, the report estimated. Parish-wide, 26 of the 30 gangs operate within city limits.
Gang members who have been associated with the perpetration of a violent crime do well to contact a defense attorney early on. Even those who have not yet been charge do well to contact an attorney. Sometimes, getting an early start on a case can help to secure a more favorable outcome.
Source: The Advocate, "Researchers say street gangs linked to many BR murders," Jim Mustian, March 27, 2013
]]>One of the points made is sexual trauma has devastating effects on both individuals and communities, particularly with the proliferation of social media. Another point is that there are many victims of sexual assault and abuse who never tell anybody about it because of shame or fear. The editorial mentions that roughly one in five Louisiana women are victims of rape and other forms of sexual trauma.
]]> Sexual trauma is clearly a community issue, and there is no doubt that everybody should contribute as much as they are able to eliminating the problem. This month, being National Sexual Assault Awareness Month, is a good time to raise awareness of the issue and how to address it.Another issue that affects both individuals and communities is legal justice. And that goes both ways-not just for victims but also for perpetrators and those who are accused. The reality is that those who are accused of sexual assault to have rights that need to be protected. All too often the public falls into the trap of assuming that every time an accusation is made and charges are filed, the defendant is getting exactly what he or she deserves. Unfortunately, reality is a little more complex than that.
So, in addition to remembering the importance of battling sexual assault in our community, let's also remember the importance the rights our legal system affords to the accused.
Source: The Advocate, "Letter: April is sex assault awareness month," April 4, 2013.
]]>The victim was reportedly hospitalized immediately after the incident, and died two months later from injuries sustained in the beating. According to police, he was beaten severely with a board when he intervened in a fight between his sister and her ex-boyfriend, the elder suspect.
]]> According to a witness, the younger man hit the victim over the head with a wooden board, knocked him down and continued to hit and stomp on him. The beatings were severe enough to put the man in a coma at the hospital, and doctors reported that he had multiple facial fractures and internal brain bleeding.Murder charges are obviously quite serious, and the father and son accused in this case will be facing an uphill battle in defending themselves now that they are being charged as fugitives. When they are eventually found this will likely work against them.
It is so important for anybody facing serious criminal charges to obtain an experienced advocate to help them build a solid case. Doing so may not result in dismissal or acquittal of charges, but it will increase the chances of achieving a desirable outcome.
Source: The Advocate, "Charge upgraded to second-degree murder," March 27, 2013
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