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Baton Rouge Legal Blog

Marijuana-related drug charges can carry stiff penalties

Several states have decided to legalize marijuana for either medical or recreational use. There are others who are working toward decriminalizing the possession of this drug. Then there is Louisiana. Generally speaking marijuana possession, sales and trafficking are all still crimes in this state. Anyone facing marijuana-related drug charges could be dealing with significant penalties if convicted. 

Let's back up just a little bit. In 1991, the state passed a law legalizing medical marijuana. However, there is currently nowhere in Louisiana for those with medical approval to fill their marijuana prescriptions, as marijuana sale -- as previously stated -- is a crime. Lawmakers have tried over the years to pass bills to help with this issue, but they have all failed to achieve senate approval. 

Are misdemeanor charges for a DUI a big deal?

When you hear the words misdemeanor DUI, what comes to mind? Something that is not a big deal, or something that can change your life forever? Most Louisiana residents probably would choose the former. Little do they know, misdemeanor charges can have a significant impact on your life, so treating them like they are a big deal matters. 

A misdemeanor charge is basically a level up from a citation and a level down from a felony. It is right there in the middle. Being convicted on a misdemeanor DUI charge can result in a person losing driving privileges for a while, having to pay fines and spending some time behind bars. All of these consequences can impact your personal and professional life. 

Facing an insurance fraud charge?

Insurance: it is there to help people when they need it. Unfortunately, so many people have tried to take advantage of the system that, now, insurance companies are constantly on the lookout for fraudulent or questionable claims. Anyone, whether they live in Louisiana or elsewhere, who is thought to be abusing the system may face an insurance fraud charge, which can carry stiff penalties if one is convicted.

What is insurance fraud exactly? By definition, this type of fraud is knowingly and intentionally abusing an insurance policy for monetary gain. This type of fraud is one of the most costly crimes to the American people, as insurance providers pass their losses on to consumers. It is estimated that insurance fraud costs the public roughly $80 billion a year.

Do I have to take a breathalyzer test?

Drinking alcohol and getting in the driver’s seat is not a smart move. Drunk driving is dangerous, reckless and illegal. Though law enforcement in the Baton Rouge area is cracking down on people who operate their vehicles while impaired, it is still a major problem on roadways across the country. If you consume alcohol and get in the driver’s seat, you could end up facing DUI charges even if you do not believe you are legally intoxicated. 

If the police pull you over for the suspicion of driving while under the influence, you might find yourself wondering if you must submit to field sobriety testing. One test that police officers often use to determine how intoxicated suspected drunk motorists are is the breathalyzer. It may seem like declining to blow into a breathalyzer device can keep you from having criminal charges. However, the consequences might lead to an unfavorable outcome. Here is some info to help you decide if it is beneficial for you to refuse a breathalyzer test. 

Corrections officers focused on criminal defense

Several corrections officers who worked at the Louisiana State Penitentiary stand accused of criminal misconduct. These accusations cost them their jobs, and if convicted, they could find themselves behind bars and struggling to find gainful employment once released. An experienced criminal defense attorney may be able to help each of them as they fight to protect their current and future interests.

According to a recent news report, four corrections officers were just recently arrested and charged with misconduct and drug crimes. These individuals have been added to the fairly long list of corrections officers from the same place of employment being arrested and charged over the last two years. Some individuals are accused of acting inappropriately with inmates and others stand accused of smuggling drugs and other contraband into the prison.

Louisiana violent crimes: Man arrested for murder

A Louisiana man was recently arrested for the death of his girlfriend. According to reports, the accused -- a 30-year-old male -- was taken into police custody on Saturday, March 17, after they were called to check on the couple at their home. Violent crimes of this nature are not going to be treated lightly in criminal court. As such, the accused would most likely benefit from having an experienced criminal defense attorney at his side.

Police responded to the couple's home at approximately 4:50 p.m. When they arrived, they found a 29-year-old woman deceased on the floor of the kitchen. Investigators claim to have found blood in the kitchen and other areas of the home, indicating a violent struggle occurred.

Louisiana criminal defense: Failed field sobriety testing

Louisiana residents who have been pulled over for suspected drunk driving have likely been asked to perform standard field sobriety testing. This is common practice. Those who fail these tests may find themselves facing criminal charges and in need of a criminal defense.

What are the standard field sobriety tests? While there are many tests that police officers can use to check for impairment, there are only three that are deemed the gold standard. These are the:

  • One-leg stand
  • Horizontal gaze nystagmus
  • Walk and turn

Busting 3 motorcycle myths

With winter in the rearview mirror, you may be ready to dust off your motorcycle and take advantage of the beautiful spring weather. Maybe you simply want to ride your motorcycle around town more often or you are planning a longer trip. Whatever the case is, you will want to be careful that you do not catch drivers off-guard.

There is a lot of conventional wisdom about motorcycle safety that is simply wrong. If you believe these myths, you may have a higher chance of getting in a motor vehicle crash. Here are some of the prevalent myths about motorcycle safety you should ignore.

Louisiana criminal defense: Woman arrested for severe assault

Police in Louisiana recently arrested a woman that they believe viciously assaulted a man during a robbery. The alleged incident is said to have occurred in the early morning hours of Feb. 17. The accusations filed against the accused are quite severe. She would likely benefit from the services of an experienced criminal defense attorney as she works her way through the criminal court system.

According to reports, on Tuesday, Feb. 27, police arrested a 38-year-old woman believed involved in a recent armed robbery and assault. Authorities claim that this individual and a male accomplice held down a man and beat him with a bat. They both then fled the scene with the victim's phone, wallet and keys.

Does a suspected drunk driver have to give a breath sample?

Law enforcement authorities in Louisiana work hard to keep impaired drivers off the road. Those who they suspect of DUI are typically stopped and asked to participate in sobriety testing -- such as the breath test. Does a suspected drunk driver have to give a breath sample or does he or she have the right to refuse?

This is a great question as there is a lot of confusion about what one's rights are when in the midst of a DUI-related traffic stop. Some would say no, refusal is not possible, while others would disagree. The truth of the matter is that the answer is both no and yes.

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Baton Rouge, LA 70809

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