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Criminal Defense

Criminal Defense

HOW TO FIND A GOOD CRIMINAL DEFENSE ATTORNEY

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When faced with criminal charges, the need for a competent criminal defense attorney cannot be overstated. The right attorney can mean the difference between a favorable outcome and a devastating one. At Big River Trial Attorneys in Baton Rouge, we understand the critical role a good lawyer plays in navigating the complexities of the legal system. Here’s a comprehensive guide on what to look for in a criminal defense attorney to ensure you have the best representation possible. More Than Just Court Appearances A good criminal defense attorney will do more than just show up in court to represent you. While courtroom advocacy is crucial, effective legal representation extends far beyond the courtroom. Your attorney should be actively involved in all aspects of your case from the moment you retain their services. Pre-Trial Meetings and Case Strategy A proactive lawyer will schedule meetings with you well before any court appearances. These meetings are essential for several reasons: Understanding Your Case: Your lawyer needs to understand every detail of your case. This includes your side of the story, any evidence you have, and your goals for the outcome. Discussing Case Strategy: These meetings are a time to develop a tailored strategy for your defense. Your lawyer should explain the possible approaches, the risks involved, and the potential outcomes. This collaborative planning is vital for a coherent and effective defense. Building Trust and Communication: Regular meetings foster trust and open communication. You should feel comfortable discussing your concerns and asking questions. A good attorney will listen to you and provide clear, honest answers. Comprehensive Review of the Discovery Packet The discovery packet is a compilation of all the evidence the prosecution plans to use against you. This packet is critical to your defense, and a good lawyer will ensure you have access to it and understand its contents. Sharing and Explaining the Discovery Packet A dedicated criminal defense attorney will provide you with a copy of the discovery packet. More importantly, they will go over it with you in detail. This review serves multiple purposes: Transparency: Sharing the discovery packet ensures you are fully informed about the evidence and the charges you are facing. Detailed Analysis: Your lawyer will dissect each piece of evidence, explaining its significance and how it may impact your case. Identifying Strengths and Weaknesses: By reviewing the discovery together, you and your attorney can identify the strengths and weaknesses of the prosecution’s case and adjust your defense strategy accordingly. Analyzing the Discovery for Motions A good criminal lawyer doesn’t just review the discovery; they analyze it for any potential motions that could be filed. This analysis is a critical step in building a robust defense. Types of Motions Several types of motions can be filed depending on what the discovery reveals. Some common motions include: Motion to Suppress Evidence: If evidence was obtained illegally, your lawyer might file a motion to suppress it, arguing that it should not be presented in court. Motion to Dismiss: If there are grounds to believe that the charges are unfounded or there is a lack of evidence, your lawyer can file a motion to dismiss the case. Motion for a Change of Venue: If a fair trial is unlikely due to pretrial publicity or other factors, your lawyer might request a change of venue. Motion in Limine: This motion seeks to put your case in a better position for trial and can include all types of things from requesting that police officers not be allowed to testify in uniform to prohibiting certain information from being discussed by witnesses at trial. Preparing the Best Defense Ultimately, a good criminal defense attorney is focused on preparing the best possible defense for your charges. This preparation involves several key steps: Investigating the Case: A thorough investigation might include interviewing witnesses, gathering additional evidence, and consulting with experts. Developing a Theory of Defense: Your lawyer will create a coherent theory of defense that explains why you should not be found guilty. Preparing for Trial: This includes drafting opening statements, preparing cross-examinations, and rehearsing your testimony if you choose to testify. Negotiating Plea Bargains: If a trial is not in your best interest, your attorney will negotiate with the prosecution to reach a plea bargain that minimizes your penalties. Conclusion Choosing the right criminal defense attorney is one of the most important decisions you can make when facing criminal charges. At Big River Trial Attorneys in Baton Rouge, we pride ourselves on providing comprehensive, proactive, and dedicated legal representation. A good criminal defense attorney will meet with you ahead of time to discuss strategy, provide and explain the discovery packet, analyze it for necessary motions, and help you prepare the best defense possible. Remember, your attorney is your advocate and guide through the legal process, and having a good one can make all the difference.

Criminal Defense

Over-the-Counter Medications that can Cause a False-Positive for Methamphetamine

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Drug testing has become a commonplace requirement in various aspects of modern life, from employment screenings to compliance with legal and medical guidelines. While these tests are essential for ensuring safety and adherence to regulations, they are not infallible. One significant issue is the occurrence of false positive results, where a test indicates the presence of a drug when it is not actually there. Among the most common types of false positives is methamphetamine. Surprisingly, certain over-the-counter (OTC) medications can lead to false positives for methamphetamine. This article explores these medications and provides guidance on how to verify which medication might be causing the false positive result. Common OTC Medications That Can Cause False Positives Pseudoephedrine and Ephedrine Usage: These are common decongestants found in many cold and allergy medications, such as Sudafed and Actifed. Reason for False Positive: Pseudoephedrine and ephedrine have a chemical structure similar to methamphetamine, which can result in cross-reactivity in drug tests, leading to a false positive. Phenylephrine Usage: Often used as a substitute for pseudoephedrine in decongestants to avoid restrictions on purchase, found in medications like Sudafed PE. Reason for False Positive: Although less common than pseudoephedrine, phenylephrine can still cause false positives due to its similar stimulant properties. Certain Antihistamines Usage: Antihistamines such as diphenhydramine, found in Benadryl, and doxylamine, found in NyQuil, are used to treat allergy symptoms and insomnia. Reason for False Positive: These substances can sometimes interfere with the assays used in drug testing, leading to false positives for methamphetamine. Labetalol Usage: This is a medication used to treat high blood pressure. Reason for False Positive: Labetalol can be metabolized into a substance that can be mistaken for methamphetamine in certain drug tests. Phentermine Usage: A prescription medication used for weight loss, available in some OTC supplements. Reason for False Positive: Phentermine is chemically similar to amphetamine and methamphetamine, which can lead to a false positive result. Confirming and Addressing False Positive Results If you receive a false positive result for methamphetamine, it is crucial to verify the result to avoid unwarranted consequences. Here are steps to take: Disclose All Medications: Inform the testing administrator about all OTC and prescription medications you are taking. This can help interpret the test results more accurately. Request a Confirmation Test: Most initial drug screenings use immunoassay tests, which are prone to false positives. Request a confirmation test using more precise methods, such as gas chromatography-mass spectrometry (GC-MS) or high-performance liquid chromatography (HPLC). These tests are more specific and can differentiate between methamphetamine and similar substances. Review the Testing Procedure: Ensure that the testing facility follows proper procedures to avoid contamination or errors. Inaccurate handling or labeling can also lead to false positives. Consult with a Medical Professional: A healthcare provider can assist in reviewing the test results and may provide a medical review officer (MRO) to interpret the results in the context of your medical history and medications. Keep Documentation: Maintain a record of all medications you are taking, including OTC drugs, prescriptions, and supplements. This documentation can be vital in explaining a false positive result. Use a Different Testing Method: If false positives persist, consider using a different drug testing method that is less prone to cross-reactivity with common medications. Conclusion False positive drug test results for methamphetamine can have significant repercussions, from job loss to legal issues. Understanding that certain OTC medications can cause these false positives is crucial for mitigating such risks. Pseudoephedrine, phenylephrine, certain antihistamines, labetalol, and phentermine are some common culprits. By being proactive—disclosing all medications, requesting confirmation tests, reviewing testing procedures, consulting medical professionals, and keeping thorough documentation—you can better manage and potentially avoid the adverse effects of a false positive result. The Baton Rouge criminal defense attorneys at Big River Trial Attorneys help people who are fighting drug charges and other types of criminal accusations. If you are dealing with a drug charge in the Baton Rouge area, give us a call at (225) 963-9638 to schedule a consultation.

Criminal Defense

FREQUENTLY ASKED QUESTIONS ABOUT DWI & DUI CHARGES IN LOUISIANA

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If you’re dealing with a DWI or DUI charge, you probably have questions about how it will affect your future? The list below covers some of the most common questions our clients have asked us.  What is the Punishment for a DWI? The actual sentence for your charge can be hard to figure out because there are several things that can enhance the sentence, such as a higher blood-alcohol content or if you were in an accident that caused injuries. Sentences without enhancing factors are usually as follows First Offense DWI (Misdemeanor):  $300 to $1000 fine, License suspension for at least 12 months, 10 days to six months in jail Jail time can usually be avoided through 48 hours in jail or 32 hours of community service, a substance abuse evaluation, an interlock device on your car for at least six months, and a driver improvement class.  Second Offense DWI (Misdemeanor):  Fine payment between $750 to $1000, License suspension for at least 24 months, 30 days to six months in jail Jail time can usually be avoided through 15 days in jail or 240 hours of community service, a substance abuse evaluation, an interlock device on your car for at least six months, and a driver improvement class.  Third Offense DWI (Felony):  $2000 fine,  License suspension for at least 36 months, one to five years jail time without probation for the first year, and possible seizure and sale of your vehicle. The mandatory one-year of jail time and sale of your vehicle might be avoidable if you complete a court approved substance abuse program The rest of the jail sentence can be suspended if you are placed on supervised probation for up to five years, complete 240 hours of community service, home incarceration for at least six months, substance abuse treatment, and a driver improvement class. Fourth Offense DUI (Felony): $5000 fine,  License suspension for at least 36 months, 10-30 years in jail without probation for the first two, possible seizure and sale of your vehicle.  The mandatory two-years  of jail time and sale of your vehicle might be avoidable if you complete a court approved substance abuse program The rest of the jail sentence can be suspended if you are placed on supervised probation for up to five years, complete 320 hours of community service, home incarceration for at least a year, substance abuse treatment, and a drive improvement class. Will I Lose My Driver’s License? Yes, your driver’s license will be suspended if you are convicted of a DWI. The length of the suspension will depend on what level of DWI you are charged with. There are actually two suspensions, one by the court system and one by the Louisiana Office of Motor Vehicles. However, the suspensions will usually be run concurrently. Can I Get a Hardship License? In most cases, you can get a restricted license from the Louisiana Office of Motor Vehicles by showing proof that you have installed an interlock device on your vehicle. There is a procedure to go to court and get a hardship license, but it is usually not necessary because getting a restricted license from the OMV is an easier and quicker process.  How Long Will a DWI Stay on My Record? The arrest and conviction will stay on your record forever unless they are expunged. There is a 10-year cleansing period for when a prior DWI can be used to enhance a new charge. For example, if you were arrested, convicted and completed your sentence for a DWI more than ten years ago, a new charge today would be a first offense and not a second offense. If you completed the sentence nine years ago, a new charge today would be a second offense.  What if I Have a Commercial Driver’s License? For someone with a CDL, the consequences of getting a DWI are more severe, even if you were not driving a commercial vehicle at the time. Under federal guidelines your license will likely be suspended for one year and there is no hardship license. A second DWI can lead to a license suspension for up to ten years. Certain violations can result in a lifetime suspension of your license. The other punishment provisions discussed above will also apply. Should I Take the Breathalyzer Test? Everyone driving in Louisiana is presumed to have given “implied consent” to take a breathalyzer, blood, or urine test if asked to do so by an officer who suspects you of driving under the influence. If you refuse to take the test, your license will be suspended for 180 days. If you refuse to take the test, the officer can apply for a search warrant and get a blood test. It may take some time for the officer to get the warrant which means the results of the test may be different than if the test had been conducted closer to your time of arrest. Whether you have taken the test voluntarily or not, your license is going to be suspended.  What Does a Field Sobriety Test Consist of? Horizontal Gaze Nystagmus (HGN): To test for HGN, an officer will likely ask the driver to follow their finger or a pen with their eyes while keeping the head still. If the eyes “jerk” instead of gliding smoothly, then this can be a sign that the driver is impaired.  Walk and Turn: This test determines someone’s level of divided attention. A police officer will ask the driver to take 9 steps, heel to toe, in a straight line. On the ninth step, the driver must turn around on one foot and take 9 steps back to where they started. The officer is testing to see if the driver struggles to maintain balance, keep track of the number of steps, or to touch heel to toe. One Leg Stand: The officer will ask the driver to hold one foot about six inches off the ground while looking at the foot and counting by one-thousands (one

Pill packet.
Criminal Defense

Can Medications Cause a False Positive Drug Test?

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In a world where drug testing is a common practice, especially for safety-sensitive job roles governed by the Department of Transportation (DOT), the risk of false positive results poses a significant threat to one’s career and reputation. From truck drivers to flight attendants, individuals need to be aware of the unexpected medications that could potentially lead to a false positive drug test. Here, we delve into the intricacies of drug testing, explore common substances that trigger false positives, and offer guidance on what to do if faced with such a situation. Understanding Drug Tests The following types of drug tests are commonly employed, and chances are that if you are being tested, it is through one of these methods: The 5 Panel Drug Test: This standard screening tool detects the presence of five commonly abused substances: Marijuana (THC), Cocaine, Amphetamines, Opiates, and Phencyclidine (PCP). Widely used in the workplace, the 5 Panel Drug Test is cost-effective and provides rapid results, making it a preferred choice for pre-employment and random testing. The 10 Panel Drug Test: Expanding on the 5 Panel, this test covers a broader spectrum of illicit drugs, including Barbiturates, Benzodiazepines, and Methadone. It is commonly utilized in law enforcement, rehabilitation, and occupational medicine settings and offers a more comprehensive substance use assessment. Urine Drug Testing: The most common method due to its non-invasive nature, the Urine Drug Test detects recent substance use. It is widely employed for pre-employment, post-accident, and random testing scenarios. Saliva Drug Testing: Known for its convenience and immediate results, the Saliva Drug Test is ideal for detecting recent drug use, making it suitable for on-site testing after accidents or reasonable suspicion scenarios. Blood Drug Testing: While the most accurate, Blood Drug Tests are invasive and reserved for situations requiring precise results, such as legal cases or serious workplace incidents. Hair Follicle Drug Testing: Offering a unique three-month overview of an individual’s substance use history, the Hair Follicle Drug Test stands out for its long detection period. Surprising Medications That Can Cause a False Positive Drug Test The following common medications may lead to false positive drug test results: Dextromethorphan (Robitussin DM, Delsym): Used in cough suppressants, dextromethorphan can yield a false positive for PCP. Diphenhydramine (Benadryl, ZzzQuil): This antihistamine may trigger false positives for opioids and opiates, with rare cases of PCP positives. Decongestants (Pseudoephedrine, Sudafed, Nexafed): Pseudoephedrine, commonly used for sinus congestion, may result in false positives for amphetamine or methamphetamine. Phentermine (Adipex-P, Lomaira): Used for weight loss, phentermine can lead to false positive results for amphetamines. NSAIDs (Ibuprofen, Naproxen, Advil, Motrin, Aleve): Common pain relievers like ibuprofen can cause false positives for barbiturates or THC. Antidepressants (Bupropion, Trazodone, Prozac, Zoloft): Several antidepressants may produce false positives, including hallucinogens and benzodiazepines. Quetiapine (Seroquel): This antipsychotic may result in a positive test for opioids, specifically methadone. Proton Pump Inhibitors (Omeprazole, Esomeprazole, Prilosec, Nexium): Used for GERD treatment, PPIs may yield false positive results for THC. Quinolone Antibiotics (Ciprofloxacin, Levofloxacin, Cipro, Ofloxacin): Certain quinolone antibiotics may trigger false positives for opiates or amphetamine/methamphetamine. Promethazine (Phenergan, Promethegan): Used for nausea and vomiting, promethazine can cause false positives for amphetamine or methamphetamine. Addressing False Positives: What to Do Next If you are reeling from a false positive drug test result, stay calm. The following first steps will be crucial to preserving your rights and reputation. Stay Calm and Seek Clarification: If possible, request detailed information about the test results and the substances for which you tested positive. Review Your Medications and Supplements: Compile a list of all recent medications, over-the-counter drugs, and dietary supplements that could have affected the test results. Inform Your Employer: Immediately communicate with your employer or designated union/HR representative. Disclose any medications or substances that may have influenced the test results. Request a Re-Test: Ask for a second test with a fresh sample, preferably at a certified testing facility. Consult the Medical Review Officer (MRO): Speak with the MRO assigned to your case, a licensed physician responsible for analyzing drug test results. Seek Legal Advice: Seek legal counsel, especially if you suspect that testing procedures were not followed correctly or if you think your rights have been violated. Gather Documentation: Collect relevant documentation, such as medical records or prescriptions, supporting your case against the false positive result. Consider SAP Evaluation: If required by your employer, undergo an evaluation by a qualified Substance Abuse Professional as part of the Return-to-Duty process. Stay Informed: Understand your rights as an employee, including the confidentiality of drug test results and the right to fair treatment throughout the process. Reach Out to a Skilled Attorney for Help Navigating the complexities of drug testing requires awareness of not only common substances but also the unexpected medications that may lead to false positives. By staying informed, following proper protocols, and seeking guidance when needed, individuals can protect their careers and maintain their professional standing in the face of a challenging situation. Reach out to a skilled criminal defense lawyer in Raton Rouge today for help.

A woman behind jail bars.
Criminal Defense

How Long Does the State Have to Arraign You on a Charge?

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In Louisiana, the state has 30 days to schedule your arraignment once you have been formally charged with a crime. The arraignment has to be scheduled within 30 days but does not have to take place within 30 days. How Does a Criminal Case Begin? The process of being formally charged with a crime usually begins with a prosecutor filing a bill of information. This is just a document that lists what you are accused of that a prosecutor signs and files with the court. When you are arrested a police officer will put down what charge he or she thinks you’ve committed, but the report will be reviewed by a prosecutor who will determine what you are actually charged with, or if you even get formally charged. How Long Does the State Have to File a Bill of Information? If you are arrested for a felony charge and can’t post bond, the state has to file the bill of information within 60 days. If you bond out of jail, the time is extended and the state gets 150 days. If you are arrested for a misdemeanor and can’t post bond, the state is supposed to file the bill of information within 45 days. The state gets 90 days to file the bill if you bond out. These timelines don’t apply to some very serious felony charges. What Happens if the State Does Not Charge You in Time? If the state does not file the bill of information in time, or does not schedule your arraignment in time, your option is to file a motion under Louisiana Code of Criminal Procedure article 701. If your 701 motion is granted, it does not dismiss your charges, but it may reduce or eliminate your bail obligation. From a practical standpoint, filing a motion under 701 often forces the state to sit down and look at your case and make a decision about whether you will be charged or what you will be charged with. Should You File a 701 Motion? While no one wants to be charged with a crime, it can be frustrating to have a possible criminal case pending and not know what is actually going to happen. It can also affect your ability to get a job or pursue your educational goals. If you believe the state has violated your rights by failing to bring your charges in time, or by failing to set your arraignment on time, you should consult with a criminal defense attorney about whether you should file a 701 motion. There can be reasons to force the state’s hand and reasons not to. Speak With a Criminal Defense Attorney If you have questions about a pending case, give us a call at (225) 963-9638 to schedule a telephone consultation about your case. The consultation is free and confidential. You can also click here to contact us online.

Criminal Defense

Suspended and Deferred Sentences in Louisiana

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Suspended And Deferred Sentences In Louisiana A misdemeanor or a felony conviction on your record may pose serious disadvantages in a person’s life since a conviction would show on any background check conducted in your name. Generally, a conviction can limit an individual’s ability to obtain specific licenses, job eligibility, housing opportunities, or receive public assistance. As unfortunate as it is, convictions are often associated with a particular social stigma. Therefore, it may be valuable for an individual to have their misdemeanor, felony, or DUI/DWI conviction deferred or suspended and possibly eventually get dismissed, if possible, under Articles 893 and 894. What Is The Louisiana Criminal Procedure Article 893? The Louisiana Criminal Procedure Article 893 applies only to first-time felony convictions. Under this Article, a felony defendant who plead guilty can have their conviction set aside and dismissed to avoid prison time. Instead of serving time in prison, a person convicted of a felony will be placed under the supervision of parole and probation for at least one year but no more than three years, except for the programs discussed below. Are There Exceptions To The Three-Year Limit Of Probation Under Article 893? Yes, There Are. An exception to the three-year limit is if the court determined that the successful completion of one of the programs listed below may require a period of probation that exceeds the three-year limit but no longer than eight years. Drug division of the district court Established driving while intoxicated court or sobriety court program Mental Health Court Program Veterans Court Program Re-entry Court Program Swift and Certain Probation Pilot Program Another exception is if the defendant has failed to complete the terms and conditions of their probation. In such circumstances, the court may extend the probation period if it does not exceed two years. Who Is Eligible To Get A Felony Conviction Suspended Or Deferred Under Article 893? Under Article 893, Only Non-Violent Felony And Non-Capital Felony Charges Are Eligible To Be Deferred Or Suspended. Moreover, only first-time felony convictions are allowed to be suspended or deferred under Article 893. This means that if you have a previous felony conviction, you would be deemed ineligible to get your current felony conviction deferred or suspended. Is There A Limit To How Often A Defendant Can Use Article 893? Yes, There Is. Under Article 893, an individual can have their felony charges suspended or deferred only once. What Is Article 894 For Misdemeanors And DUI/DWI In Louisiana? Under the Louisiana Criminal Procedure Article 894, an individual charged with a DWI/DUI or misdemeanor, with certain exceptions, could get their conviction dismissed by pleading guilty to the charge and completing the conditions of their probation. Article 894 also allows the individual to forgo serving time in jail by agreeing to be under probation. However, it is essential to note that the judge may deny the application of Article 894 if the individual gets re-arrested, convicted of any charge during probation, or fails to complete the probation order. The individual may also be ordered to pay all restitution and comply with the other terms of the probation imposed on them. On the other hand, if the defendant has completed the probation according to the court’s order, then the judge would grant the applicatio Who Is Eligible To Have A Misdemeanor Or DWI/DUI Convictions Deferred Or Suspended Under Article 894? Generally, most misdemeanor charges and DUI/DWI convictions are eligible to be deferred or suspended under Article 894. However, the following exceptions are deemed to be ineligible: Criminal neglect of family Stalking Domestic abuse battery Sex offenses Who Decides If An Individual Will Get To Apply Article 894 On Their Charges? As noted above, most misdemeanor and DWI/DUI charges are eligible under Article 894. However, being qualified is not a guarantee that gets the court to apply Article 894. Instead, the application of Article 894 in a misdemeanor or DWI/DUI charge is solely based on the judge’s discretion. After all, no existing law in Louisiana requires a judge to apply Article 894. In deciding whether to apply Article 894 in a specific case, the judge uses various factors, which may include, but are not limited to, the nature of the crime, facts and circumstances surrounding the charge, or whether the defendant has previous or pending arrests and convictions. Are There Limits To Using Article 894 For Misdemeanors And DUI/DWI Charges? Yes, There Are Limits To Applying Article 894. Generally, a person is limited to getting their misdemeanor convictions deferred or suspended under Article 894 once every five years. In comparison, Article 894 can only be applied to DUI/DWI convictions every ten years. Can These Charges Be Dismissed After The Probation Period Under Article 893 Or 894? It Is Possible. Upon completing their probation, the court may set aside a conviction and dismiss the individual’s charges. A misdemeanor, DUI/DWI, or felony charge can severely affect an individual’s life. Thus, it is vital to apply the benefits of getting misdemeanor, DUI/DWI, or felony charges deferred or suspended under Articles 893 or 894. If you or your loved one is involved in a misdemeanor, DUI/DWI, or felony charge, you should speak with an experienced criminal defense attorney to see if requesting relief under Article 893 or 894 will be possible in your case. You can call (225) 963-9638, or you can click here to contact us for a free consultation. Our highly experienced criminal lawyers can help you assess your case and represent your interests.

Criminal Defense

Schedule I Drug Charges in Louisiana

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Schedule I Drug Charges In Louisiana Today we’re going to be talking about a schedule 1 charge in Louisiana. So in Louisiana there are five drug schedules. These are found at Louisiana Revised Statute 40:963 and there’s a link in the description. This video is about possession and possession with intent a schedule 1. Now the list of schedules are found at Louisiana Revised Statute 40:964. We also have a link to that in the description. Schedule ones typically include things like opiates, opium derivatives, hallucinogenics. depressants, stimulants. The most common schedule 1 charges we see are Heroin, MDMA or Ecstasy, LSD or Acid, Marijuana and THC whether synthetic or natural. The criteria for something to be a schedule 1 is that there is a high probability of abuse, there’s no accepted medical use, and there’s a lack of safety protocol for use with medical supervision. Now determining the sentence that you might be looking at can be pretty complex It depends on the amount of the drug and the type of the drug. Penalties for different schedule 1 charges are found at Louisiana Revised Statute 40:966 and we have a link in the description. Talking about are some examples of the sentences on a first conviction of a possession of less than 14 grams of marijuana, it’s a $100 fine. A second conviction of less than 14 grams of marijuana is a fine of up to a $1,000 and up to six months in jail. A first conviction of 14 grams or more of marijuana is up to six months in jail and a $500 fine. Now a conviction for up to two and a half pounds of Marijuana, THC, or any synthetics is one to ten years in jail and up to a $50,000 fine. Now contrast that with say like Heroin. Heroin is also a schedule 1 but a conviction of less than 28 grams of Heroin is one to ten years in jail and a fine of up to $50,000. These are just a few examples we’re not covering the entire list this video would take way too long. But if you want to determine the sentence that you might be facing you should check the statutes listed in the description. Now of course there are defenses. Marijuana is actually now prescribed for some medicinal uses and that that is something that’s very in flux in this country right now and it’s also in flux in Louisiana. There are other defenses that maybe the amount is actually less than what the police officer put in the report. Maybe the lab test came back and it wasn’t the drug that they say it was. Or you know maybe it wasn’t yours. Maybe it was found in a vehicle with three or four people in the vehicle and it didn’t belong to you. So the types of defenses that you might have, and the actual sentence that you might be facing are all things that you should discuss with the best criminal defense lawyer that you can find. Link To Louisiana Revised Statute 40:963: Http://Legis.La.Gov/Legis/Law.Aspx?D=98876 Link To Louisiana Revised Statute 40:964: Http://Legis.La.Gov/Legis/Law.Aspx?D=98877 Link To Louisiana Revised Statute 40:966: Http://Legis.La.Gov/Legis/Law.Aspx?D=98880

Criminal Defense

All About Louisiana Drug Court Programs

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All About Louisiana Drug Court Programs According to the Bureau of Justice report in 2017, an estimated 21% of incarcerated individuals in state and local jails are sentenced for crimes related to obtaining drugs or money for drugs; while over 40% of people incarcerated for property crimes and 14% of people incarcerated for violent crimes stems from drug-related reasons. According to data from the Louisiana Department of Public Safety and Corrections, as of October 2000 total prison population was 35,998, of which over 30 percent are incarcerated for drug-related crimes. Although it is not further determined the exact nature of the drug-related crimes for this data, it is noted in the report that a significant number of the 30 percent population are for charges that often have a root cause in drug abuse or distribution. Given these high numbers of drug and alcohol-related crimes, the Louisiana legislature has created the Drug Diversion Probation Program, commonly referred to as Drug Court. Under the statute, district courts operate and provide for drug and alcohol treatment programs through drug diversions. Essentially, the drug court’s goal is curtailing crimes attributed to drugs and alcohol. Thus, they created the Drug Diversion Probation Program to implement the legislature’s purposes. Who Are Eligible To Participate In The Drug Diversion Probation Program? For a defendant to be eligible for the drug diversion probation program, they must satisfy the following criteria: The defendant must not have any prior felony convictions for any offenses classified as a crime of violence; The defendant’s current charge cannot be a crime of violence, including domestic violence; driving under the influence of alcohol or any drugs that have resulted in the death of a person; or multiple counts of distribution, possession with intent to distribute, production, manufacture, or cultivation of dangerous controlled substances; The defendant must not have any other pending criminal proceedings that involve the commission of a crime of violence; If the defendant has a record of one or more felonies, then the defendant must not have been convicted of aggravated burglary or simple burglary of an inhabited dwelling; However, eligibility based on the criteria above is not sufficient to get into the drug diversion probation program. As discussed below, the judge decides whether a defendant can be accepted to the program. Who Makes The Final Determination If The Defendant Is Eligible To Participate In The Drug Diversion Probation Program? The judge decides whether the defendant is eligible to participate in the drug diversion probation program. To make a proper determination on the suitability of the defendant for the drug diversion probation program, the judge would assess numerous factors, including the recommendations of the district attorney and the defense counsel, the Examiner’s report, and other relevant information, including but not limited to: Nature of the crime charged and the circumstances involved in the crime; Whether the defendant is a first-time offender of a crime related to alcohol or drug-related offense, if the defendant has previously participated in the same or similar program, and whether they have shown any degree of success in the previous treatment program; The probability that the defendant will willfully participate and benefit from the program; Whether the program is appropriate to meet the needs of the defendant; Impact on the community of the defendant’s probation and treatment; Recommendations, if any, of the involved law enforcement agency or victim; Likelihood of obtaining restitution from the defendant throughout their probation; If there are any mitigating circumstances; Other circumstances that are reasonably related to the defendant’s case. The judge shall state their reasons for the record if they decide to reject the defendant from participating in the drug diversion probation program. What Criteria Does The District Attorney Use To Make Their Recommendation? As mentioned above, the district attorney recommends whether a defendant is deemed eligible to participate in the program to the court. The criteria used by the district attorney to determine whether they would recommend a defendant to be admitted to the drug diversion probation program are as follows: If the defendant is charged with using and possessing any narcotic drugs, coca leaves, marijuana, stimulants, depressants, hallucinogenic drugs, or significant association with alcohol or drug use, or both; If the district attorney has a reason to believe that the defendant suffers from alcohol or drug addiction, or both; and If the district attorney believes that it is in the best interest of the community and justice to provide the defendant with treatment to their addition instead of incarceration or other sanctions. What Is The Examiner’s Report, And What Does It Entail? As stated above, the judge uses an Examiner’s Report to determine whether a defendant is eligible to participate in the drug diversion probation program. The Examiner’s report is ordered by the court and is conducted by one of the court’s designated licensed treatment programs. These treatment programs are certified and approved by the State of Louisiana, and they have experience working with criminal justice clients suffering from alcohol or drug-related addictions. The report examines the defendant using standardized testing and evaluation protocols to assess whether the defendant is an eligible candidate for a treatment program. Generally, only defendants determined by the report to suffer from alcoholism or drug addiction, or both, or if they are in danger of developing alcohol or drug dependency and likely to be rehabilitated through treatment, can be considered for treatment. In addition, the Examiner may request the following information from the defendant and use these as part of their recommendation: Any prior criminal charges Educational, working or training background Family history, including their residence or ties in the community Medical and mental history, including treatments Any other information that is reasonably related to determining the treatment program’s success. In addition to the defendant’s eligibility, the Examiner’s Report would include a recommendation to the court of the level of care and length of stay for the defendant. The report’s recommendation will be forwarded to the court and the district attorney. Does The Defendant Waive

Criminal Defense

All About Pre-Trial Intervention Programs

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Being arrested and accused of a crime does not necessarily mean you will have a criminal conviction on your record. One way to avoid having a criminal conviction is to beat your case at trial. Another way to avoid having a criminal conviction on you record is to enter into a pretrial diversion program that may be offered through the local District Attorney’s Office. However, getting into one of these programs is not automatic. Different parishes have different rules about who gets accepted and the program conditions vary from parish to parish. What is the Pretrial Diversion Program or Pretrial Intervention (PTI)? The pretrial diversion program is also known as pretrial intervention or DA probation. This program allows first-time offenders of non-violent charges to get their charges dismissed and avoid serving jail or prison time in exchange for either: Agreeing with the prosecutor or DA’s office to pay a fine, take some classes, perhaps do community service, and the charges get dismissed; or Enroll in the program and get the charges dismissed The ultimate goal of the pretrial diversion program is to keep first-time non-violent offenders out of the criminal justice system by diverting them to get the rehabilitation treatment they need to prevent them from committing future criminal charges. Does the Defendant Have to Plead Guilty To Participate in the Pretrial Diversion Program? No, the defendant would not have to plead guilty to be admitted to the pretrial diversion program. Who is Eligible for the Pretrial Diversion Program? However, the specific conditions that a defendant must meet to gain eligibility for the pretrial diversion program are as follows: The charge is a non-violent offense. The defendant has no prior felony convictions. The defendant does not have any or more than one prior misdemeanor conviction, of which the misdemeanor conviction must not be a violent crime or drug-related or was not an original felony charge that is reduced to a misdemeanor. The current charge is not the same as the initial misdemeanor charge. The defendant has not previously completed the pretrial diversion program. The defendant has not previously been terminated or rejected from the pretrial diversion program. An exception is if the defendant was dismissed from the program because they could not be located due to miscommunication. The defendant has no outstanding warrants or charges. The victim has approved the defendant’s admission to the pretrial diversion program. Are Eligible Defendants Automatically Offered to Participate in the Pretrial Diversion Program? No. The defendant has no absolute right to get offered or be admitted to the pretrial diversion program even if they are eligible. Instead, it is solely up to the prosecutor’s office to provide a defendant an opportunity to participate in the program. The prosecutor evaluates each case individually and assesses numerous factors to determine whether they could extend an offer to the defendant to be admitted to the pretrial diversion program. Some of the factors that the prosecutor may use to evaluate the defendant may include but are not limited to the nature of the crime, any mitigating factors, any prior offenses or criminal history, and the surrounding facts of the case. Since a defendant could not automatically be offered to participate in the pretrial diversion program, it is valuable to have a reputable and highly experienced criminal attorney to appeal the defendant’s interest to the prosecutor. How Long is the Pretrial Diversion Program? Generally, the length of the program lasts between six months to a year. However, the total length of the pretrial diversion program highly depends on the nature of the crime charged to the defendant. Are There Any Costs for Participating in the Pretrial Diversion Program? Yes, there are costs associated with participating in the pretrial diversion program, and the defendant must bear these costs. However, if the defendant could prove that they are indigent, then the prosecutor would modify the charges associated with the pretrial diversion program. How Much Does It Cost to Participate in the Pretrial Diversion Program? The general costs charged to the defendant to enter the pretrial diversion program are as follows: For non-drug-related charges, there is an administration supervision fee of $30 per month, a $35 fee for random drug testing, charges for classes or services the defendant must attend, and any restitution owed. Moreover, there is a $200 enrollment fee for misdemeanors plus $50 for each additional charge and a $100 evaluation charge. There is a $400 enrollment fee for felonies, plus $50 for each additional charge and a $250 evaluation charge. For drug-related charges, there is a minimum fee of $35 for the required random drug screening and charges for any classes and services required of the defendant. Specifically for misdemeanor charges, there is a $500 enrollment fee and a $250 drug evaluation fee, whereas there is a $1,000 enrollment fee and a $375 drug evaluation fee for felony charges. For DUI/DWI charges, there is a $1,000 enrollment fee, fees for the required alcohol screening and monitoring, charges for any required services or classes imposed on the defendant, and a $30 monthly administrative fee. Participating in the pretrial diversion program provides a valuable opportunity for a defendant. However, having the chance to be admitted to this program may be difficult since it is strictly up to the prosecutor of the case. Thus, availing of the legal guidance and representation by a reputable criminal lawyer may provide valuable assistance to your cause as they can negotiate with the prosecutor and present reasons that you may be a good candidate for the program. If you or your loved one has been accused of a charge, and would like to know about the chances of getting into a pretrial diversion program, please call (225) 963-9638, or you can click here to contact us for a free consultation. Our highly experienced criminal lawyers can help you assess your case and represent your interests.

Criminal Defense

Sentences for Domestic Violence Charges in Louisiana

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Contact Us Sentences For Domestic Violence Charges In Louisiana If you’ve been arrested on a domestic violence charge, you should know what type of sentence you are looking at and what your options are. You also probably have questions about how to prepare the best defense. Having a lawyer on your side can help you face the charge and protect your rights. One of the unfortunate side effects of the stay-at-home measures imposed during the Covid-19 pandemic was an increase in the number of arrests for domestic abuse battery. Louisiana is not alone in the increase as places all over the world have seen a rise in domestic violence complaints. While there is no excuse for domestic violence, and no reason anyone should be physically, sexually, or emotionally abusing anyone in his or her household, if you or a loved have been accused of domestic abuse battery there are some things you should know about the charges and possible penalties. Definition Of Domestic Abuse Battery Louisiana law defines domestic abuse battery as the intentional use of force or violence committed by one household member or family member upon the person of another household member or family member. The term “family member” means a spouse, former spouse, parent, child, stepparent, stepchild, foster parent, and foster child. A “household member” is defined as any person presently or formerly living in the same residence with the offender and who is involved or has been involved in a sexual or intimate relationship with the offender, or any child presently or formerly living in the same residence with the offender, or any child of the offender regardless of where the child resides. There is a similar offense in Louisiana for battery of a dating partner that includes any person who is involved or has been involved in a sexual or intimate relationship with the offender, regardless of whether the person presently lives or formerly lived in the same residence with the offender. Possible Sentences For A Domestic Violence Conviction Sentences for a domestic violence conviction in Louisiana can include fines, jail time, probation, court-ordered classes, and community service and can have other lasting effects such as restrictions on the right own a firearm. In Louisiana domestic abuse can be a felony or misdemeanor depending on the circumstances involved in the abuse and whether the defendant has prior convictions for the same charge. A first conviction for domestic abuse battery carries a fine of $300 – $1,000 and imprisonment of 30-days to six months. A second conviction carries a fine of $750 – $1,000 and jail time of 60-days to one year. Most of the jail time can be probated under conditions requiring court-approved classes and community service. While a first and second offense are classified as misdemeanors, domestic abuse battery is an enhanceable offense in Louisiana meaning that multiple convictions can result in felony charges with more severe penalties. For example, a third conviction carries a sentence of one to five years with a mandatory minimum of one year. There are circumstances in which a first offense can be considered a felony such as if the victim was pregnant, there were children under 13 present, or the abuse involved burning or strangulation. Domestic abuse aggravated assault is always a felony and carries sentences ranging from one to five years of jail time. Domestic abuse battery charges can have other long-term consequences. Federal law prohibits anyone convicted of misdemeanor domestic abuse violence from possessing a firearm. Louisiana State law prohibits possession of a firearm after conviction of certain grades of domestic abuse battery. Domestic abuse battery convictions are also often used by one spouse against another in divorce or custody proceedings. Domestic violence charges can also have severe immigration consequences such as making someone deportable from or inadmissible to the United States. Defending Against Domestic Abuse Charges Domestic abuse battery is a serious charge in Louisiana. If you or a loved one have been accused of domestic abuse battery, you should speak with an experienced Louisiana criminal defense attorney about your options and possible defenses. At Big River Trial Attorneys we’ve handled numerous cases involving domestic violence. We’ve seen many cases that involved self-defense, false accusations, or simply misunderstandings between what actually happened and what the police officer put in the report. If you would like to schedule a consultation with one of our attorneys in Baton Rouge call (225) 963-9638.

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