Archive for October 2011
Louisiana Criminal Statutes of Limitations
October 31, 2011
NEW ORLEANS CRIMINAL DEFENSE ATTORNEY
Statutes of limitations are designed to prevent dishonest and stale claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time or the defective memory, death, or disappearance of witnesses. These statutes apply to both civil and criminal actions.
A majority of states have a statute of limitations for all crimes except murder. Criminal statutes of limitations apply to different crimes on the basis of their general classification as either felonies or misdemeanors. Once the statute has expired, the court lacks jurisdiction to try or punish a defendant. The following rules are citation from the Louisiana Code of Criminal Procedure.
If you have been arrested — contact New Orleans Criminal Defense Lawyer Elizabeth B. Carpenter, Esq.
GENERAL RULE
La. CCRP Article 578
A trial will not commence and a bail obligation will not be enforceable:
(1) In capital cases after 3 years from the date the prosecutor instituted charges;
(2) In other felony cases after 2 years from the date the prosecution instituted charges; and
(3) In misdemeanor cases after 1 year from the date the prosecution instituted charges.
CRIMES FOR WHICH THERE IS NO TIME LIMITATION
La. CCRP Article 571
There is no time limitation upon the institution of prosecution for any crime for which the punishment may be death or life imprisonment or for the crime of forcible rape.
TIME LIMITATION FOR CERTAIN SEX OFFENSES
La. CCRP Article 571.1
Sexual battery, Second degree sexual battery, Oral sexual battery, Felony carnal knowledge of a juvenile, Indecent behavior with juveniles, Molestation of a juvenile, Crime against nature, Aggravated crime against nature, Incest, or Aggravated incest which involves a victim under seventeen years of age, regardless of whether the crime involves force, serious physical injury, death, or is punishable by imprisonment at hard labor shall be thirty years. This 30 year period begins to run when the victim attains the age of 18.
LIMITATION OF PROSECUTION OF NONCAPITAL OFFENSES
La. CCRP Article 572
Except as provided above, no person shall be prosecuted for an offense unless the prosecution is instituted within the following periods of time after the offense has been committed:
(1) 6 years, for a felony necessarily punishable by imprisonment at hard labor.
(2) 4 years, for a felony not necessarily punishable by imprisonment at hard labor.
(3) 2 years, for a misdemeanor punishable by a fine, or imprisonment, or both.
(4) 6 months, for a misdemeanor punishable only by a fine or forfeiture.
INTERRUPTION OF STATUTE OF LIMITATIONS
La CCRP Article 575
The statutes of limitation shall be interrupted (paused) when the defendant:
(1) Avoids detection, apprehension or prosecution, flees from the state, is outside the state, or is absent from his usual place of living within the state; or
(2) Lacks mental capacity to proceed at trial and is committed to a psychiatric hospital.
FILING OF NEW CHARGES UPON DISMISSAL OF PROSECUTION
La CCRP Article 579
When a criminal prosecution is timely instituted and the prosecution is dismissed by the district attorney with the defendant’s consent, or before the first witness is sworn at the trial, or the indictment is dismissed by a court for any defect, a new prosecution for the same offense or for a lesser offense based on the same facts may be instituted within the time established by statute or within 6 months from the date of dismissal, whichever is longer.
A new prosecution shall not be instituted following a dismissal of the prosecution by the district attorney unless the state shows that the dismissal was not for the purpose of avoiding the time limitation for commencement of trial established.
Criminal statutes of limitations are important because this is a means by which a skilled defense attorney could successfully have a case dismissed.
Contact
If you’ve been arrested, contacted by law enforcement, or if you are being accused of a crime but no charges have been filed yet, you need to speak with a criminal defense attorney as soon as possible! This is the single most important time for a criminal attorney to get involved. Many legal rights have time-specific deadlines and legal matters will become harder to manage successfully the longer they are left unattended.
Contact the Law Office of Elizabeth B. Carpenter, Esq., a New Orleans Criminal Defense Attorney, today to schedule a consultation!
Domestic Violence Battery Law — Louisiana
October 29, 2011
DOMESTIC VIOLENCE ABUSE BATTERY ATTORNEY NEW ORLEANS
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Lawyer
DOMESTIC ABUSE LAW LOUISIANA: AN OVERVIEW
Domestic Abuse Battery — La R.S. 14:35.3
Domestic abuse battery is the intentional use of force or violence committed by one household member upon the person of another household member.
A “Household member” means any person of the opposite sex presently living in the same residence or living in the same residence within five years of the occurrence of the domestic abuse battery with the defendant as a spouse, whether married or not, or any child presently living in the same residence or living in the same residence within five years immediately prior to the occurrence of domestic abuse battery, or any child of the offender regardless of where the child resides.
Louisiana Domestic Violence Enhanced Penalties
ON A FIRST CONVICTION, the offender shall be fined not less than three hundred dollars nor more than one thousand dollars and shall be imprisoned for not less than thirty days nor more than six months. At least forty-eight hours of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. Imposition or execution of the remainder of the sentence shall not be suspended unless either of the following occur:
- The offender is placed on probation with a minimum condition that he serve four days in jail and participate in a court-approved domestic abuse prevention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence.
- The offender is placed on probation with a minimum condition that he perform eight, eight-hour days of court-approved community service activities and participate in a court-approved domestic abuse prevention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence.
ON A SECOND CONVICTION, the offender shall be fined not less than seven hundred fifty dollars nor more than one thousand dollars and shall be imprisoned for not less than sixty days nor more than six months. At least ninety-six hours of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. Imposition or execution of the remainder of the sentence shall not be suspended unless either of the following occur:
- The offender is placed on probation with a minimum condition that he serve thirty days in jail and participate in a court-approved domestic abuse prevention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence.
- The offender is placed on probation with a minimum condition that he perform thirty eight-hour days of court-approved community service activities and participate in a court-approved domestic abuse prevention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence.
ON A THIRD CONVICTION, the offender shall be imprisoned with or without hard labor for not less than one year nor more than five years and shall be fined two thousand dollars. The first year of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.
ON A FOURTH CONVICTION, the offender shall be imprisoned with hard labor for not less than ten years nor more than thirty years and shall be fined five thousand dollars. The first three years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.
If the offender has previously received the benefit of suspension of sentence, probation, or parole as a fourth or subsequent offender, no part of the sentence may be imposed with benefit of suspension of sentence, probation, or parole, and no portion of the sentence shall be imposed concurrently with the remaining balance of any sentence to be served for a prior conviction for any offense.
DOMESTIC ABUSE CLEANSING PERIOD
In the state of Louisiana, there is a ten year period for a prior Domestic Violence conviction to not affect the sentencing of a current Domestic Violence conviction. In other words, if your DV arrest is more than ten years after your first, you will be charged with a first offense Domestic Violence charge instead of a second. However, if at any time during these ten years you were incarcerated, that time does not count towards the ten year cleansing period.
PREGNANCY
If the victim of domestic abuse battery is pregnant and the offender knows that the victim is pregnant at the time of the commission of the offense, the offender shall be required to serve a minimum of:
- Forty-five days without benefit of suspension of sentence for a first conviction,
- One year imprisonment without benefit of suspension of sentence upon a second conviction,
- Two years with or without hard labor without benefit of probation, parole, or suspension of sentence upon a third conviction,and
- Four years at hard labor without benefit of probation, parole, or suspension of sentence upon fourth conviction
Note: If the domestic abuse battery involves strangulation, the offender shall be imprisoned at hard labor for not more than three years.
Contact
If you are facing a Domestic Violence Battery charge, contact Elizabeth B. Carpenter, Esq. for a consultation. These charges must be taken seriously as the consequences can be severe and long-lasting. Let our experience help you.
Carnal Knowledge of a Juvenile — Louisiana
October 28, 2011
NEW ORLEANS CRIMINAL DEFENSE ATTORNEY
Elizabeth B. Carpenter, Esq. – New Orleans Sex Crimes Attorney
Ms. Carpenter is dedicated to defending those accused of Sex Crimes.
In Louisiana, Carnal Knowledge of Juvenile can be a Felony or a Misdemeanor Sex Crime.
The punishment for Misdemeanor Carnal Knowledge of Juvenile is a fine of not more than $1,000.00 and 6 months imprisonment, or both. It is possible to have the sentence suspended, thereby requiring the offender to successfully complete probation in lieu of imprisonment. Misdemeanor Carnal Knowledge of a Juvenile is Louisiana Statutory Rape Law.
The punishment for Felony Carnal Knowledge of Juvenile is a fine of not more than $5,000.00, or imprisonment, with or without hard labor, for not more than 10 years, or both, provided that the defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with the provisions of Code of Criminal Procedure Article 893 — in other words this is a non-expungeable offense.
As far as clients are concerned, the most important difference between the 2 offense is that a conviction of Misdemeanor Carnal Knowledge of a Juvenile does not require Sex Offender Registration and is expungeable, whereas Felony Carnal Knowledge of a Juvenile requires sex offender registration and the conviction is non-expungeable. Additionally, a felony conviction carries years of imprisonment, while a misdemeanor does not.
If you or a loved one is facing a Sex Crime Charge, it is imperative that you contact an experienced Sex Crime Attorney. Elizabeth B. Carpenter, Esq. is ready to help you. Ms. Carpenter is dedicated to defending people accused of Sex Offenses in New Orleans.
Misdemeanor carnal knowledge of a juvenile — La RS 14.80.1
Misdemeanor carnal knowledge of a juvenile is committed when a person who is seventeen years of age or older has sexual intercourse, with consent, with a person who is thirteen years of age or older but less than seventeen years of age, when the victim is not the spouse of the offender, and when the difference between the age of the victim and age of the offender is greater than two years, but less than four years.
Lack of knowledge of the juvenile’s age shall not be a defense. Emission is not necessary, and penetration, however slight, is sufficient to complete the crime.
Whoever commits the crime of misdemeanor carnal knowledge of a juvenile shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.
The offender shall be eligible to have his conviction expunged.
The offender shall not be subject to any of the provisions of law which are applicable to sex offenders.
Felony carnal knowledge of a juvenile – La R.S. 14:80
Felony carnal knowledge of a juvenile is committed when:
(1) A person who is seventeen years of age or older has sexual intercourse, with consent, with a person who is thirteen years of age or older but less than seventeen years of age, when the victim is not the spouse of the offender and when the difference between the age of the victim and the age of the offender is four years or greater; or
(2) A person commits a second or subsequent offense of misdemeanor carnal knowledge of a juvenile, or a person who has been convicted one or more times of violating one or more crimes for which the offender is required to register as a sex offender under R.S. 15:542 commits a first offense of misdemeanor carnal knowledge of a juvenile.
Lack of knowledge of the juvenile’s age shall not be a defense. Emission is not necessary, and penetration, however slight, is sufficient to complete the crime.
Whoever commits the crime of felony carnal knowledge of a juvenile shall be fined not more than $5,000.00, or imprisoned, with or without hard labor, for not more than 10years, or both, provided that the defendant shall not be eligible to have his conviction expunged.
Contact
Contact the Elizabeth B. Carpenter, Esq. to schedule a consultation. Early intervention by an experienced attorney can make a tremendous difference in your case.
Hit-and-Run Driving Law — Louisiana
October 28, 2011
New Orleans Traffic Defense Attorney
Attorney Elizabeth Bagert Carpenter – Defending Hit and Run Cases in New Orleans
Hit-and-Run Driving – La-R.S. 14:100
Hit and run driving is the intentional failure of the driver of a vehicle involved in or causing any accident, to stop such vehicle at the scene of the accident, to give his identity, and to render reasonable aid.
Whoever commits the crime of hit-and-run driving where there is no death or serious bodily injury shall be fined not more than five hundred dollars or imprisoned for not more than 6 months, or both.
Whoever commits the crime of hit-and-run driving where there is no death or serious bodily injury shall be fined not more than five hundred dollars, imprisoned for not less than ten days nor more than six months, or both when: (i) there is evidence that the vehicle operator consumed alcohol or used drugs or a controlled dangerous substance prior to the accident; (ii) the consumption of the alcohol, drugs, or a controlled dangerous substance contributed to the accident; and (iii) the driver failed to stop, give his identity, or render aid with the knowledge that his actions could affect an actual or potential present, past, or future criminal investigation or proceeding.
Whoever commits the crime of hit-and-run driving, when death or serious bodily injury is a direct result of the accident and when the driver knew or should have known that death or serious bodily injury has occurred, shall be fined not more than five thousand dollars or imprisoned with or without hard labor for not more than ten years, or both.
Whoever commits the crime of hit-and-run driving where all of the following conditions are met shall be imprisoned, with or without hard labor, for not less than 5 years nor more than 20 years:
(a) Death or serious bodily injury is a direct result of the accident.
(b) The driver knew or must have known that the vehicle he was operating was involved in an accident or that his operation of the vehicle was the direct cause of an accident.
(c) The driver had been previously convicted of any of the following:
(i) A violation of R.S. 14:98, or a law or an ordinance of any state or political subdivision prohibiting operation of any vehicle or means of transportation or conveyance while intoxicated, impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance on two or more occasions within ten years of this offense.
(ii) A violation of R.S. 14:32.1-vehicular homicide.
(iii) A violation of R.S. 14:39.1-vehicular negligent injuring.
(iv) A violation of R.S. 14:39.2-first degree vehicular negligent injuring.
Contact
If you or a loved one has been cited or arrested for a Hit-and-Run and would like to hire an attorney, contact Elizabeth B. Carpenter, Esq.
Drug Crimes and Drug Court — Louisiana
October 27, 2011
NEW ORLEANS DRUG CRIME DEFENSE ATTORNEY
Earlier this year, I attended a seminar led by S. Alex Stalcup M.D., an addiction specialist. I will never forget the first
statement of his lecture wherein he said, “Trying to practice criminal law and not understanding addiction is like trying to be a mechanic and not understanding how to change a flat tire.” According to his research 4 out of 5 criminal defendants meet one or more of the following criteria:
- Regular drug abuser,
- Was on drugs at the time of the offense,
- Committed the crime to support a drug habit,
- Charged with a drug related offense.
During the 1997 Louisiana Legislative regular session, the lawmakers recognized a critical need for criminal justice system programs to reduce the incidence of alcohol and drug use. The legislature also recognized that the problem of alcohol and drug dependency among the citizens of Louisiana is excessive and needs to be addressed and corrected not only because it is a contributing factor in the commission of many crimes, but also for the health and welfare of the citizens of this state. It was the intent of the legislature to create a program to facilitate the creation of alcohol and drug treatment divisions in the various district courts of this state. This was the genesis of Drug Court.
What are the goals of drug court?
- To reduce alcoholism and drug abuse and dependency among offenders.
- To reduce criminal recidivism.
- To reduce the alcohol and drug-related workload of the courts.
- To increase the personal, familial, and societal accountability of offenders.
- To promote effective interaction and use of resources among criminal justice personnel and community agencies.
- To reduce the overcrowding of prisons.
Today, Drug Court is a partnership of the Judge, the District Attorney and treatment professionals. Since its inception, Drug Court has demonstrated its utility in vastly reducing recidivism rates, saving tax dollars by lowering incarceration rates and returning individuals to society as productive citizens.
HOW IT WORKS
The District Attorney’s office is the warden for the program. The defendant’s criminal record is reviewed along with any other relevant information. The following is a list of factors which disqualify a defendant from eligibility:
- Prior felony conviction of pending charge of R.S. 14:2 violent crime, including the crime before court.
- Conviction of an aggravated burglary or simple burglary of an inhabited dwelling if the defendant has one prior felony conviction.
- Prior conviction for narcotics distribution.
- Criminal record of violence.
- Criminal record of sex crimes excluding prostitution and crimes against nature.
- Criminal record of weapons violations.
- Use of a weapon during current offense.
- Active confidential informant.
- On active parole.
- Charges pending on hold from another jurisdiction.
- Illegal alien.
- Defendant not capable of participation.
- Multiple history of “failure to appear”.
- Currently in a methadone maintenance program.
Furthermore — The current charge:
- Cannot be a R.S. 14:2 Crime of Violence
- Cannot be a DWI involving death or a vehicular homicide.
If approved by the District Attorney, the defendant is then evaluated by probation officers and treatment professionals. After consulting with a criminal defense attorney, eligible defendants then plead guilty as charged, but sentencing is deferred pending their successful completion of the program. If a defendant does not successfully complete the program, his deferred sentence is then executed and he/she goes to jail. Successful completion of this program results in the deferred sentence being set aside and an expungement. Drug Court is described as an intensive probation program lasting a minimum of eighteen months and that relies on frequent drug tests, individual and group therapy, close monitoring by probation officers (e.g. home visits to check if curfew is being violated) and direct contact with the judge. Violation of the rules result in sanctions which range from community service to jail time to being placed in long term treatment facilities. Additionally, employment must be maintained and a GED must be obtained if they do not have a high school diploma. Lastly, the defendant has to pay fees for their participation in the program.
Contact
If you are facing DRUG CRIME CHARGES in Orleans, Jefferson, St. John, Plaquemines, St. Charles, or St. Tammany Parish, contact Elizabeth BagertCarpenter, Esq. for a consultation. We have experience defending virtually every type of Drug Crime imaginable!
Computer-aided solicitation of a minor — Louisiana
October 26, 2011
New Orleans Sex Crime Defense Attorney
If you or a loved one has been accused of Computer-aided solicitation of a minor, contact Attorney Elizabeth B. Carpenter. Ms. Carpenter is dedicated to defending and protecting the rights of those accused of Sex Crimes. Ms. Carpenter also has significant experience defending Cyber Crimes / Internet Crime. We are here to help you, not judge you!
The crime of “computer aided solicitation of a minor” became law in Louisiana on August 15, 2005.
Whoever is convicted of the crime Computer-aided Solicitation of a Minor shall Register as a Sex Offender for 25 years, to be conducted semi-annually.
Computer-aided solicitation of a minor – La. R.S. 14:81.3
Computer-aided solicitation of a minor is committed when a person 18 years of age or older knowingly contacts or communicates, through the use of electronic textual communication, with a person who has not yet attained the age of 18 or a person reasonably believed to have not yet attained the age of 18, for the purpose of or with the intent to persuade, induce, entice, or coerce the person to engage or participate in sexual conduct or a crime of violence , or with the intent to engage or participate in sexual conduct in the presence of the person who has not yet attained the age of 18, or person reasonably believed to have not yet attained the age of 18.
On a first conviction, the offender shall be fined not more than $10,000 and shall be imprisoned at hard labor for not less than 5 years nor more than 10 years, without benefit of parole, probation, or suspension of sentence.
On a subsequent conviction, the offender shall be imprisoned for not less than 10 years nor more than 20 years at hard labor without benefit of parole, probation, or suspension of sentence.
** Consent is a defense to a prosecution if the person under the age of 18, or the person reasonably believed to be under the age of 18, is at least 16 years old. **
** Consent is not a defense to a prosecution if the person under the age of 18, or the person reasonably believed to be under the age of 18, is actually under the age of 16. **
**It is not a defense to a prosecution, on the basis of consent or otherwise, that the person reasonably believed to be under the age of 18 is actually a law enforcement officer or peace officer acting in his official capacity.**
An offense committed under this Section may be deemed to have been committed where the electronic textual communication was originally sent, originally received, or originally viewed by any person.
Any evidence resulting from the commission of computer-aided solicitation of a minor shall constitute contraband.
I. A violation of this statute shall be considered a sex offense as defined in the Louisiana Code of Criminal Procedure. Whoever commits the crime of computer-aided solicitation of a minor shall be required to register as a Sex Offender.
Early intervention by an experienced Sex Crime Defense Attorney can make a tremendous difference in your case.
Shoplifting Laws — Louisiana
October 24, 2011
New Orleans Criminal Defense Attorney
Attorney Elizabeth B. Carpenter Shoplifting Defense
Serving Orleans, Jefferson, Terrebonne, Baton Rouge, Plaquemines, St. Bernard, St. Tammany, St. Charles, St. John the Baptist Parishes!
I have been receiving an unusually high number of questions about the crime of shoplifting, its penal consequences and the grade of the offense (misdemeanor or felony). In the Louisiana Criminal Code, shoplifting is called “theft of goods.” The statute can be found at La. RS 14:67.10 and reads in pertinent part:
Theft of goods is the misappropriation or taking of anything of value which is held for sale by a merchant, either without the consent of the merchant or by means of fraudulent conduct. An intent to deprive the merchant permanently the subject of the misappropriation or taking is essential. The intent may be inferred when a person:
(1) Intentionally conceals, on his person or otherwise, goods held for sale.
(2) Transfers goods from one container or package to another or places goods in any container, package, or wrapping in a manner to avoid detection.
(3) Alters or transfers any price marking reflecting the actual retail price of the goods.
(4) Willfully causes the cash register or other sales recording device to reflect less than the actual retail price of the goods.
(5) Removes any price marking with the intent to deceive the merchant as to the actual retail price of the goods.
(6) Damages or consumes goods or property so as to render it unmerchantable.
Like most offenses that can be quantified in a dollar amount, the grade of the offense and the penal consequences depend upon the value of the goods at issue.
Shoplifting
- Value of the goods is $1,500.00 or more => Felony; Imprisoned for not more than 10 years with or without hard labor; and/or Fine of $3,000.00
- Value of the goods is $500.00 but less than $1,500.00 => Felony; Imprisoned for not more than 5 years with or without hard labor; and/or Fine of not more than $2,000.00
- Value of the goods is less than $500.00 => Misdemeanor; Imprisoned for not more than 6 months; and/or Fined of not more than $500.00
It should be understood that shoplifting in Louisiana is an enhanceable offense, meaning that subsequent convictions will carry harsher sentences and steeper fines. Furthermore, when the misappropriation or taking occurred on multiple occasions and/or by a number of distinct acts of the offender, the aggregate value of the misappropriations or takings shall determine the grade of the offense.
Contact
If you have been arrested for shoplifting / theft of goods in the New Orleans area, consult the Attorney Elizabeth Bagert Carpenter for a criminal defense case evaluation.
Posted in Crimes Defined, Criminal Statutes, Property Crimes | 
Tags: New Orleans Criminal Defense, Shoplifting, Theft | 
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Illegal Carrying of Weapons Law — Louisiana
October 21, 2011
New Orleans Criminal Defense Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Weapons Crime Attorney
Illegal Carrying of Weapons — La-R.S. 14:95
By definition, Illegal Carrying of Weapons is:
(1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one’s person; or
(2) The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a dangerous weapon, at any time by an enemy alien; or
(3) The ownership, possession, custody or use of any tools, or dynamite, or nitroglycerine, or explosives, or other instrumentality customarily used by thieves or burglars at any time by any person with the intent to commit a crime; or
(4) The manufacture, ownership, possession, custody or use of any switchblade knife, spring knife or other knife or similar instrument having a blade which may be automatically unfolded or extended from a handle by the manipulation of a button, switch, latch or similar contrivance.
Penalties
Whoever commits the crime of illegal carrying of weapons shall be fined not more than $500, or imprisoned for not more than 6 months, or both.
Whoever commits the crime of illegal carrying of weapons with any firearm used in the commission of a crime of violence, shall be fined not more than $2,000, or imprisoned, with or without hard labor, for 1 to 2 years, or both.
Contact
If you or a loved one is facing the charge of illegal carrying of weapons or any other weapon charge, please contact the Attorney Elizabeth B. Carpenter for a consultation.
You need to speak with a criminal defense attorney as soon as possible. Many legal rights have time-specific deadlines and legal matters will become harder to manage successfully the longer they are left unattended.
Congratulations to the Innocence Project New Orleans (IPNO)
October 20, 2011
This kind of news always makes me grateful to have friends and colleagues who are dedicated to defending the rights of the oppressed and fighting for justice. They really inspire me.
Today, in Jefferson Parish, the Innocence Project New Orleans won an exoneration for Henry James, now 50, who was convicted and sentenced to life without benefit of parole in 1982 for an aggravated rape that he did not commit. He has spent the last 30 years at Louisiana State Penitentiary at Angola.
The effort put in by IPNO, especially Paul Killebrew, to even find the DNA testing of the rape kit after all those years was extraordinary. In May 2010, a lab worker stumbled upon a slide from James’ case and DNA testing later excluded James as the perpetrator in the rape.
Henry James is expected to walk out of the Louisiana State Penitentiary at Angola on Friday.
Congratulations to everyone at IPNO. Keep up the hard work!
If you or a loved one is being accused of a Sex Crime in the New Orleans area, it is imperative that you hire an attorney who is dedicated to the defense of people charged with sex crimes. Contact the Law Office of Elizabeth B. Carpenter for a consultation. Our goal is to protect your rights and preserve your freedom.
Posted in Crime Related News | Tags: DNA Evidence, Exoneration, Innocence Project, New Orleans Criminal Defense, Sex Crimes | No Comments »
