Criminal Defense Lawyer in Louisiana
Crimes occur every day in some part of the country. Whether it’s a small crime such as petty theft to rape or murder, the crime rate in most cities in the US continues to increase. The prospect of being charged or arrested is not for the faint of heart. It can be extremely stressful to deal with criminal charges whether you are defending yourself or prosecuting another person. If you are such a situation, it might be a good idea to contact a criminal defense lawyer to help you get through this time.
Federal vs. State Crimes
It is important to understand that laws for the same crimes may be different at the federal and state level. While it is possible for state and federal to have overlapping laws, it is also possible for a person to be prosecuted twice by the federal and state court. This is a concept referred to as “dual sovereignty.” What dual sovereignty does is that it allows the double prosecution of a person by more than one regulatory authority. For more information as to how dual sovereignty works, you could speak to a criminal defense attorney. A defense lawyer would be able to explain this principle of the law and how it applies to your specific situation if it applies at all.
Felony vs. Misdemeanours
Felonies are crimes that are more serious in nature involving drugs, dangerous weapons, assault, and or abuse. These are crimes that are likely to cause a lot more injury and harm to people and property. Felonies are punished with more severe penalties. People convicted of committing felonies may be barred from holding positions in an elected office, losing the right to vote and inability to acquire a weapon. A criminal defense lawyer can tell you more about what specific crimes are likely to be classified as felonies.
A misdemeanor is a crime that is less serious in nature and does not involve the use of dangerous weapons or causing severe injury or harm to people and property. Misdemeanors are usually punished with jail time that is a year or less. Other penalties include payment of fines and forfeiting property. While misdemeanors may sound less serious, convictions can have lasting consequences for a person’s employment prospects and ability to further education. Speak to a criminal defense attorney to understand what would be considered a felony and what would be considered a misdemeanor.
Crimes That Need Criminal Defense
The following is a list of common crimes that are considered criminal in nature and would require the services of a criminal defense lawyer:
Drug crimes
Drugs are controlled substances such as heroin, cocaine, crack-cocaine, marijuana and the more recent substances introduced in the market such as methamphetamine (meth), Ecstasy, LSD, and acid. There are people who even abuse some prescription drugs that have an enhancing effect. This abuse and illegal use of prescription medicine is also considered a drug crime if and when reported or discovered. Talk to a criminal defense lawyer if you are facing charges related to drug crime.
The severity of the crime is dependent on the type of drug involved, the quantity that was discovered and what the individual accused of the crime intended to do with these controlled substances. There are minimum compulsory sentences for drug trafficking that have to be served, and there is no way out of those. Talk to a criminal defense attorney about this and what would apply in your particular situation.
Both federal and state laws have almost no tolerance for offenses related to drugs and dispense the harshest possible sentences. For instance, possession of
- <250g marijuana- up to 6 years behind bars
- <20g marijuana -losing your driver’s license
- >20g marijuana- a third-degree felony conviction
- – 60-2K pounds of marijuana – 5-30 years jail
- – 2K-10K pounds of marijuana – 10-40 years jail
- – >10K pounds of marijuana – 25-40 years jail
Assault and Battery
Most people think that assault and battery are one and the same. But any defense lawyer will tell you that there is a key difference between the two. The difference between the two terms is that assault can include the thread of attack without it being carried out whereas battery is when the act of violence that was threatened is, in fact, carried out. Depending on the object used and severity of the attack, the crimes are further classified into simple or aggravated. As far as the law in Louisiana is concerned, assault and battery are crimes that cannot be expunged and are punishable in a variety of ways. This could include time behind bars, monetary fines, compensation/restitution payment, probation, counseling as well as civil penalties. The severity of punishment is determined by the context of the situation, the severity of the injuries inflicted, and the age, identity, gender and overall profile of the victims. Talk to your criminal defense lawyer about whether the crime involved in your particular situation can be classified as an assault or battery and whether the charges will be simple or aggravated.
Keep in mind that any form of injury that is inflicted on another party in self-defense is not considered battery. Similarly, different laws apply if the victims are law enforcement officials or teachers.
As far as simple battery offenders are concerned, in New Orleans, Louisiana, they can be penalized for:
~ 6 months behind bars and/or $1000 fine
~2 years probation and
~payment of compensation/restitution to the victims
A criminal defense attorney can provide you detailed information regarding assault and battery and the possible penalties and fines for those found guilty of these crimes.
Sex Crimes
Sex crimes include but are not limited to rape, sexual assault, and battery, exploitation of children for pornography, prostitution, incest and sex trafficking. In New Orleans, Louisiana, the person accused of a sex crime has the right to a fair trial and access to competent legal aid, but if found guilty, the punishment can be severe. Talk to a criminal defense attorney if you have been charged with a sex crime. Keep in mind that you will need a strong defense lawyer because sometimes, sex crime cases can be very tricky. Besides facing penalties for the crimes committed, sex offenders have to deal with consequences of social stigma such as relationship break-ups, job loss and being on the sex offender registry for a lifetime. In other words, if you are found guilty of a sex crime, it can have long-term consequences on your personal and professional life. Talk to a criminal defense attorney today.
Driving Under Influence
Driving under the influence of alcohol or any drug that impairs your ability to drive safely is also a crime. DUI is taken very seriously especially because a driving who is drunk and who gets behind the wheel is putting many lives at risk. In New Orleans, Louisiana, the minimum level of alcohol permissible in blood at the time of driving is 0.8% for personal vehicles and 0.04% for drivers of commercial vehicles. If a driver who has a BAC of more than 0.8% gets into an accident and causes serious injuries, that driver can be charged with criminal charges. If the accident results in the death of another person, the punishment can be very serious. Talk to a criminal defense lawyer if you have been charged with a DUI.
Getting convicted of driving under the influence can adversely affect your driving record and increase your insurance rates. It can also affect your chances of getting a loan or even an apartment for rent.
The severity of punishment depends on how frequently you are caught driving under the influence. Compared to first time offenders, repeat offenders are handed out much longer jail times and much bigger fines. For instance, a first-time offender might get ten days to 6 months of jail time or a fine of 300-1000 dollars whereas, a third or fourth-time offender is charged with a felony and can face sentence in the Louisiana Department of Corrections from two to thirty years. You need to speak to a criminal defense attorney if you are facing DUI charges.
Murders/Attempted Murders
Murders are penalized by capital punishment in the state of Louisiana and conducted at Louisiana State Penitentiary through a legal injection. However, if there is even one juror who opposes the death sentence, capital punishment cannot be carried out, and the conviction will be converted to a life sentence. Talk to a defense lawyer for more information regarding punishment for murder and possible legal measures that can be taken to deal with those punishments.
Legal Procedure for Criminal Defense
The general outline of the legal procedure from getting arrested to actual sentencing can be nerve wrecking, and it is helpful to understand what to expect if you find yourself or a loved one in the situation. It is definitely in your interest if you hire the services of a criminal defense lawyer. Although every case is unique, following is a general flow of events from arrest to sentencing.
- Arrest
- First Appearance/Bond Hearing
- Review of case by District Attorney
- Allotment of charges
- Pre Trial Proceedings
- Plea Bargaining
- Trial
- Sentencing
- Appeal
Arrest
If you are arrested, the first thing you should do is call a criminal defense lawyer. You need to tell them exactly what happened, the crime that you have been accused of and discuss what possible legal options you might have. If you can make bail, you will be required to post a bond in order to get out until your case gets resolved. The amount of the bond and other details will be determined by the type and severity of your crimes. Your criminal defense attorney is the best person to handle this situation.
First Appearance/Bond Hearing
Under the law of Louisiana, a bond hearing must be held within two days or 48 hours of the arrest. Your criminal defense lawyer will be aware of this and will handle your case accordingly. During the bond hearing, you will be required to appear before a Magistrate. Depending on your crime and previous criminal record, the magistrate will arrive at a bond value that must be paid for you to get out. If you are unable to do so, you will have to stay in jail until your trial. Keep in mind that all this is based on a general scenario. There are some criminals who are considered a flight risk, and they will never make bail. Similarly, depending on the nature of the crime, the judge has the complete authority to deny bail. All these decisions are completely dependent on the nature of the crime. Your defense lawyer will be able to tell you what to expect in your particular scenario.
Review of Case by District Attorney
The office of the District Attorney is responsible for carefully reviewing the arrests to decide whether or not criminal charges will be laid. The DA office has to make a screening decision within
- 45-60 days if the defendant is in jail and
- 4-6 years if the defendant is out of jail after payment of bond
If the DA office determines that no criminal charges are to be laid, the case is discharged. If criminal charges are laid, the case has to go to trial in a criminal court. If this happens to you, you have a right to a criminal defense attorney so that you can defend these allegations in court. Whatever evidence the DA’s office has against you can be challenged by your defense lawyer if they have sufficient evidence to prove that the allegations against you are false or overstated. Talk to your criminal defense attorney in this regard.
Allotment of Charges
The DA office submits a formal document called the Bill of Information that contains information on the specific criminal charges laid against the defendant. Upon receipt of this document, the Clerk of Court will then assign the case to one of the 12 trial courts of the Orleans Parish.
Pre-Trial Proceedings
Before the case goes to trial, the defendant and their criminal defense attorney have the right to extensively discuss the case and prepare a defense. The entire legal system is based on the premise of innocent until proven guilty, and any person charged with a crime has the right to prove they are innocent. However, if there is significant evidence to prove that they are indeed guilty of the crime, they will be punishable by the full extent of the law. But before that happens, your defense lawyer will prepare your defense and will play a critical role in proving that the charges against you are false. In case this is not so, your defense lawyer can also work towards having the charges reduced so that the punishment is minimal. Whatever the case may be, it is the right of any person charged with a crime to defend themselves in court. If the evidence is purely circumstantial and the prosecution cannot prove their case, the defendant will be absolved of all charges. If they are found guilty on the other hand, they will be punished as per the law.
Plea Bargaining
In some situations, the defendant accused of a particular crime is offered the chance of a plea bargain. Plea bargaining means that your criminal defense attorney will hold negotiation with the judge and DA to arrive at a plea that is acceptable to all parties. The defense lawyer’s objective is to dismiss the charges completely or minimize them as much as possible. There are many situations where cases are resolved by entering into a plea bargain before trial. Talk to your criminal defense lawyer in this regard.
Trial
The case goes to trial if the DA and defense attorney is not able to reach a plea bargain or when there is no option of a plea bargain or if the defendant’s criminal defense lawyer does not think it would be in the interest of the defendant to accept the plea bargain. This is usually the case where the defendant is innocent and is being falsely accused of a crime they did not commit. In any case, the defendant’s case will then go to trial. For misdemeanors, the defendant can choose trial by judge. For felonies, the defendant can request a trial by a judge or a jury.
Sentencing
If the defendant is found guilty, they will be sentenced as per the Louisiana criminal statute. At this stage, your criminal defense attorney can try to lessen the sentence permissible within the law.
Appeal
The final sentence can be appealed by both the defense as well as the District Attorney’s office. You can talk to your criminal defense lawyer if it is a good idea to appeal the verdict.
Legal Counsel
If you or someone you love has been charged with a crime and you need the services of a criminal defense lawyer, call the law firm of Bart Bernard. We have a team of lawyers who are here to provide you the legal counsel and help you need. Call us today to schedule your first consultation, and we will take it from there.