Archive for November 2011
Heroin Possession and Distribution — Louisiana
November 30, 2011
New Orleans Criminal Defense
If you have been charged with Possession or Distribution of Heroin in the New Orleans area, you need a skilled, hard working criminal defense attorney by your side. Contact Elizabeth B. Carpenter, Esq. for a consultation. Ms. Carpenter has experience defending every kind of drug case imaginable.
Under the Louisiana Criminal Code, Heroin is classified as a Schedule I controlled dangerous substance.
The laws pertaining to possession and distribution are as follows:
Possession Scheduled I * — Heroin
A substance classified in Schedule I which is a narcotic drug (all substances in Schedule I preceded by an asterisk), shall be imprisoned at hard labor for 4 to 10 years and may, in addition, be required to pay a fine of not more than $5,000.
Distribution or Possession With Intent to Distribute Schedule I* — Heroin
A substance classified in Schedule I which is a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), upon conviction shall be sentenced to imprisonment for 5 to 50 years at hard labor at least 5 years of which shall be served without benefit of probation, or suspension of sentence, and may, in addition, be required to pay a fine of not more than $50,000.
Enhanced Penalties for Possession of Schedule I * (larger quantities) — Heroin
1) Any person who possesses 28 grams or more, but less than 200 grams, of a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), shall be sentenced to serve a term ofimprisonment at hard labor of 5 to 30, and to pay a fine of $50,000 to $100,000.
2) Any person who knowingly or intentionally possesses 200 grams or more, but less than 400 grams, of a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), shall be sentenced to serve a term of imprisonment at hard labor of 10 to 30 years, and to pay a fine of $100,000 to $350,000.
3) Any person who possesses 400 grams or more of a narcotic drug (all substances in Schedule I preceded by an asterisk “*”), shall be sentenced to serve a term of imprisonment at hard labor of 15 to 30 years, and to pay a fine $200,000 to $600,000.
Posted in Crimes Defined, Criminal Statutes, Drug Crimes | 
Tags: Attorney New Orleans, Criminal Defense New Orleans, Defense Attorney New Orelans, drug crimes, Drug Distribution, DRUG POSSESSION, Heroin Possession and Distribution, One of the best Criminal Defense Attorneys in New Orleans, Schedule 1 cds | 
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Failure to Pay Child Support — Louisiana
November 30, 2011
New Orleans Criminal Defense Attorney
If you are being charged with Criminal Failure to Pay Child Support, contact Elizabeth B. Carpenter, Esq for a consultation. We are ready to defend you and protect your rights!
Failure To Pay Child Support Obligation — La R.S. 14:75
This law is also known as the “Deadbeat Parents Punishment Act of Louisiana”
It is unlawful for an obligor to intentionally fail to pay a support obligation for any child who resides in the state of Louisiana, if such obligation has remained unpaid for a period longer than 6 months or is greater than $2,000.00.
Penalties
First Offense: Fine of not more than $500.00 or imprisonment for not more than 6 months, or both.
Second or Subsequent Offense: Fine of not more than $2,500.00 or imprisonment with or without hard labor for not more than 2 years, or both.
*The court shall order restitution in an amount equal to the total unpaid support obligation as it exists at the time of sentencing.
*When restitution is made prior to the time of sentencing, except for a second or subsequent offense, the court may suspend all or any portion of the imposition or execution of the sentence otherwise required in this Subsection.
*When the amount of the past due is more than $15,000.00 and the obligation has been outstanding for at least 1 year shall be a fine of not more than $25,000.00, or imprisonment with or without hard labor for not more than 2 years, or both.
Affirmative Defense For Failure to Pay Child Support
It shall be an affirmative defense that the obligor was financially unable to pay the support obligation during and after the period that he failed to pay as ordered by the court.
New Orleans Criminal Defense Attorney Elizabeth B. Carpenter Announces Completion of Forensic DNA Training
November 29, 2011
New Orleans Criminal Defense Attorney Elizabeth B. Carpenter, Esq. Announces Completion of Forensic DNA Training
Experienced criminal defense attorney Carpenter improves her ability to serve her clients during and prior to trial with her execution of three National Institute of Justice forensic DNA training modules.
New Orleans, Louisiana (PRWEB) November 28, 2011
New Orleans criminal defense attorney Elizabeth B. Carpenter, Esq. announced a new addition to her credentials this week: the completion of three forensics DNA classes sponsored by theNational Institute of Justice (NIJ).
The three courses—Principles of Forensics DNA, Collecting DNA Evidence at Property Crime Scenes, and Crime Scene and DNA Basics—are designed to educate officers of the court about important aspects of forensics basics, such as how DNA testingworks, how to read DNA report results, and what laws are in place regarding how DNA evidence should be handled, especially at a crime scene.
Carpenter said that the knowledge she has acquired from the training sets her apart from othercriminal defense lawyers: “Having completed these courses means that now, when a DNA report comes in, I can give my client immediate feedback about what it means and what the strength of their case is,” she said. “Many attorneys have to hire someone else to interpret the report for them, which takes longer and costs more. If you don’t know what you’re looking at, you can’t help your client.”
In addition to reducing costs by eliminating the need for extensive pre-trial consultation with forensics experts, the NIJ’s forensics DNA training courses equip attorneys with the ability to ask more informed, relevant questions during cross-examinations. “You have to know what information is important in order to ask the right questions,” Carpenter pointed out.
Carpenter has long taken pride in her history of getting the best possible results in every case she takes on, and said that her completion of these three courses is another way she has gone the extra mile for her clients: “From allowing me to keep my fees lower to improving my ability to cross-examine police and forensics experts on the stand, the skills I’ve learned in these classes have made me better able to serve my clients,” said Carpenter. “I am a more informed and more effective attorney for having completed this training.”
Elizabeth B. Carpenter, Esq. is an experienced New Orleans criminal defense attorney. She received her Juris Doctorate from Loyola University Law School, and is a member and supporter of the Louisiana State Bar Association, Louisiana Association for Criminal Defense Lawyers, and National Association of Criminal Defense Lawyers. Her law offices have successfully represented clients in Orleans, Jefferson, Lafayette, Plaquemines, St. John, St. Tammany and St. Charles Parishes. Carpenter’s mission is to provide clients with exceptional, personalized, and professional service.
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Elizabeth Carpenter
Elizabeth B. Carpenter, Esq – New Orleans Criminal Defense
Criminal Offenses Involving E-mail — Louisiana
November 27, 2011
New Orleans White Collar Criminal Defense
Elizabeth B. Carpenter, Esq. — New Orleans Computer Crime Attorney
If you or a loved one is being investigated for a white collar crime in the New Orleans area, contact Law Office of Elizabeth B. Carpenter, Esq. We have the experience and dedication that your case needs.
Offenses Against Electronic Mail Service Provider — La R.S. 14:73.6
It shall be unlawful for any person to use a computer, a computer network, or the computer services of an e-mail service provider to transmit unsolicited bulk electronic mail in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider. Transmission of electronic mail from an organization to its members or noncommercial electronic mail transmissions shall not be deemed to be unsolicited bulk electronic mail.
It is unlawful for any person to use a computer or computer network without authority with the intent to falsify or forge e-mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers. It is also unlawful for any person knowingly to sell, give, or otherwise distribute or possess with the intent to sell, give, or distribute software which is any of the following:
(1) Primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information.
(2) Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information.
(3) Marketed by that person or another acting in concert with that person with that person’s knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
Whoever violates the provisions of this Section shall be fined not more than $5,000.
Elizabeth B. Carpenter, Esq. — New Orleans Computer Crime Attorney Serving Orleans, Jefferson, St. Bernard, St. Charles, St. John, St. Tammany, Plaquemines Parishes!
Computer Fraud Law — Louisiana
November 27, 2011
New Orleans White Collar Criminal Defense
Elizabeth B. Carpenter, Esq. — New Orleans Computer / Cyber Crime Attorney
If you or a loved one is being investigated for a computer related crime in the New Orleans area, contact Law Office of Elizabeth B. Carpenter, Esq. We have the experience and dedication that your case needs.
Computer Fraud — La R.S. 14:73.5
Computer fraud is the accessing or causing to be accessed of any computer, computer system, computer network, or any part thereof with the intent to:
(1) Defraud; or
(2) Obtain money, property, or services by means of false or fraudulent conduct, practices, or representations, or through the fraudulent alteration, deletion, or insertion of programs or data.
Whoever commits computer fraud shall be fined not more than $10,000.00, or imprisoned with or without hard labor for not more than 5 years, or both.
Elizabeth B. Carpenter, Esq. — New Orleans Computer Crime Attorney Serving Orleans, Jefferson, St. Bernard, St. Charles, St. John, St. Tammany, Plaquemines Parishes!
Criminal Offenses Against Computer Users — Louisiana
November 27, 2011
New Orleans White Collar Criminal Defense
Elizabeth B. Carpenter, Esq. — New Orleans Computer / Cyber Crime Attorney
If you or a loved one is being investigated for a computer related crime in the New Orleans area, contact Elizabeth B. Carpenter, Esq. We have the experience and dedication that your case needs.
Offenses Against Computer Users — 14.73.4
An offense against computer users is the intentional denial to an authorized user, without consent, of the full and effective use of or access to a computer, a computer system, a computer network, or computer services.
Whoever commits an offense against computer users shall be fined not more than $500.00 dollars, or be imprisoned for not more than 6 months, or both, for commission of the offense.
However, when the damage or loss amounts to a value of $500.00 or more, the offender may be fined not more than $10,000.00, or imprisoned with or without hard labor, for not more than 5 years, or both.
Elizabeth B. Carpenter, Esq. — New Orleans Computer Crime Attorney Serving Orleans, Jefferson, St. Bernard, St. Charles, St. John, St. Tammany, Plaquemines Parishes!
Computer Equipment / Suppliers Crimes — Louisiana
November 27, 2011
New Orleans White Collar Criminal Defense
Elizabeth B. Carpenter, Esq. — New Orleans Computer Crime Attorney
If you or a loved one is being investigated for a white collar crime in the New Orleans area, contact Law Office of Elizabeth B. Carpenter, Esq. We have the experience and dedication that your case needs.
Offenses Against Computer Equipment or Supplies — La R.S. 14:73.3
An offense against computer equipment or supplies is the intentional modification or destruction, without consent, of computer equipment or supplies used or intended to be used in a computer, computer system, or computer network.
Whoever commits an offense against computer equipment or supplies shall be fined not more than$500.00, or be imprisoned for not more than 6 months, or both.
However, when the damage or loss amounts to a value of $500.00 or more, the offender may be fined not more than $10,000.00 or imprisoned with or without hard labor, for not more than 5 years, or both.
Elizabeth B. Carpenter, Esq. — New Orleans Computer Crime Attorney Serving Orleans, Jefferson, St. Bernard, St. Charles, St. John, St. Tammany, Plaquemines Parishes!
Intellectual Property Crimes — Louisiana
November 27, 2011
New Orleans Intellectual Property Criminal Defense
Elizabeth B. Carpenter, Esq. — New Orleans Intellectual Property Crime Attorney
If you or a loved one is being investigated for a white collar crime in the New Orleans area, contact Law Office of Elizabeth B. Carpenter, Esq. We have the experience and dedication that your case needs.
Offenses Against Intellectual Property – La R.S. 14:73.2
An offense against intellectual property is the intentional:
(1) Destruction, insertion, or modification, without consent, of intellectual property; or
(2) Disclosure, use, copying, taking, or accessing, without consent, of intellectual property.
Whoever commits an offense against intellectual property shall be fined not more than $500, or imprisoned for not more than 6 months, or both, for commission of the offense.
However, when the damage or loss amounts to a value of $500.00 or more, the offender may be fined not more than $10,000, or imprisoned with or without hard labor, for not more than 5 years, or both.
Elizabeth B. Carpenter, Esq. — New Orleans Intellectual Property Crime Attorney Serving Orleans, Jefferson, St. Bernard, St. Charles, St. John, St. Tammany, Plaquemines Parishes!
Medroxyprogesterone Acetate (MPA) / Physical Castration Sex Offenders — Louisiana
November 27, 2011
Criminal Defense Attorney New Orleans — Sex Offenses New Orleans
Elizabeth B. Carpenter, Esq. — Sex Crimes Defense Attorney Louisiana
Administration of Medroxyprogesterone Acetate (MPA)
Sex Offenders La R.S. – 14:43.6
Upon a first conviction of any of the following:
- aggravated rape,
- forcible rape,
- second degree sexual battery,
- aggravated incest,
- molestation of a juvenile when the victim is under the age of thirteen, and
- aggravated crime against nature,
The court may sentence the offender to be treated with medroxyprogesterone acetate (MPA), according to a schedule of administration monitored by the Department of Public Safety and Corrections.
Upon a second or subsequent conviction of any of the following:
- aggravated rape,
- forcible rape,
- second degree sexual battery,
- aggravated incest,
- molestation of a juvenile when the victim is under the age of thirteen, and
- aggravated crime against nature,
The court shall sentence the offender to be treated with medroxyprogesterone acetate (MPA) according to a schedule of administration monitored by the Department of Public Safety and Corrections.
Click here for an overview of Rape in Louisiana.
Guidelines and Rules
- If the court sentences a defendant to be treated with medroxyprogesterone acetate (MPA), this treatment may not be imposed in lieu of, or reduce, any other penalty prescribed by law.
- In lieu of treatment with medroxyprogesterone acetate (MPA), the court may order the defendant to undergo physical castration provided the defendant file a written motion with the court stating that he intelligently and knowingly, gives his voluntary consent to physical castration as an alternative to the treatment.
- An order sentencing a defendant to medroxyprogesterone acetate (MPA) treatment shall be contingent upon a determination by a court appointed medical expert, that the defendant is an appropriate candidate for treatment. This determination shall be made not later than sixty days from the imposition of sentence.
- An order sentencing a defendant to medroxyprogesterone acetate (MPA) treatment shall specify the duration of treatment for a specific term of years, or in the discretion of the court, up to the life of the defendant.
- In all cases involving defendants sentenced to a period of incarceration or confinement in an institution, the administration of treatment with medroxyprogesterone acetate (MPA) shall commence not later than one week prior to the defendant’s release from prison or such institution.
- If a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate (MPA) fails to appear as required by the Department of Public Safety and Corrections for purposes of administering the medroxyprogesterone acetate (MPA) or who refuses to allow the administration of medroxyprogesterone acetate (MPA), then the defendant shall be charged with a violation and may be imprisoned, with or without hard labor, for 3 to 5 years without benefit of probation, parole, or suspension of sentence.
- If a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate (MPA) or ordered to undergo physical castration takes any drug or other substance to reverse the effects of the treatment, he shall be held in contempt of court.
If you or a loved one is facing a Sex Offense charge, it is imperative that you have a knowledgeable, experienced attorney. Contact the Law Office of Elizabeth B. Carpenter, Esq., for a consultation. Let’s begin working on your case today.
Anti-Skimming Act — Louisiana
November 27, 2011
New Orleans Criminal Defense
Elizabeth B. Carpenter, Esq. — White Collar Crime New Orleans
Anti-Skimming Act — La R.S. 14:67.4
It shall be unlawful for any person to do either of the following:
Use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant.
Use a re-encoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being re-encoded and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant.
Penalties
Whoever violates the above shall be imprisoned, with or without hard labor, for not more than 5 years, or fined not more than $5,000, or both.
Whoever, directly or indirectly, by agent or otherwise, uses a scanning device and a re-encoder with the intent to defraud shall be imprisoned, with or without hard labor, for not more than 10 years, or fined not more than $10,000, or both.
Upon a third or subsequent conviction of a violation of the provisions of this Section, the offender shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $20,000, or both.
In addition, a person convicted under this Section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense.
Facing an indictment for a white collar crime is one of the most difficult experiences one could possibly endure. In addition to whatever consequences a conviction might bring, including prison time and permanent felony conviction on your record, a white collar crime charge can do lasting damage to your reputation and tear apart your family, even if you are not convicted. Elizabeth B. Carpenter, Law understands the stress that you are experiencing. Our job is to minimize any potential damage to your future and protect your rights.
