New Orleans Federal Sex Crimes Defense Attorney
Dedicated to reforming Sex Offender Registration Laws!
In 2006 the Adam Walsh Child Protection and Safety Act made a number of changes regarding sex offender laws including laws that imposed on the states requirements pertaining to state sex offender registration on where, when and how long sex offenders must register.
The law requires each jurisdiction to maintain a sex offender registry that divides sex offenders into three tiers and requires different registry periods for each tier.
Tier III sex offender — the most serious classification. These sex offenders are convicted of an offense that is punishable by more than one year in prison and:
1. is comparable or more severe than one of the following federal crimes or conspiracy or attempt to commit one of them: aggravated sexual abuse, sexual abuse, or abusive sexual contact against a minor under age 13;
2. involves kidnapping a minor, unless the actor is a parent or guardian; or
3. occurs after the offender became a Tier II sex offender.
A Tier III sex offender must register for life, unless he is a juvenile at the time of sentencing in which cases the registration period is 25 years if he maintains a clean record.
A Tier II sex offender — someone convicted of an offense punishable by more than one year in prison that:
1. is committed against a minor and is comparable or more severe than one of the following federal crimes or attempt or conspiracy to commit one of them: sex trafficking, coercion and enticement, transportation with intent to engage in criminal sexual activity, or abusive sexual contact;
2. involves using a minor in a sexual performance, soliciting a minor for prostitution, or producing or distributing child pornography; or
3. occurs after the offender became a Tier I sex offender.
A Tier II sex offender must register for 25 years.
A Tier I sex offender — someone convicted of a sex offense not included in the other tiers.
The act defines a sex offense as (1) a crime involving a sexual act or sexual contact with another, (2) specified crimes against minors, (3) specified federal crimes and military crimes, and (4) attempt or conspiracy to commit one of them. Certain foreign crimes and certain crimes involving consensual sexual conduct are excluded but certain juvenile adjudications are included.
A Tier I sex offender must register for 15 years, but with a clean record and registration compliance the registration may be reduced to 10 years.
The law also requires sex offenders to appear in person to have a picture taken and verify registry information.
Tier I sex offenders must appear every year,
Tier II sex offenders every six month, and
Tier III sex offenders every three months.
DOMESTIC VIOLENCE ABUSE BATTERY ATTORNEY NEW ORLEANS
Domestic Abuse Aggravated Assault – La. R.S. 14:37.7
Domestic abuse aggravated assault is an assault with a dangerous weapon committed by one household member upon another household member.
For purposes of this Section, “household member” means any person of the opposite sex presently living in the same residence, or living in the same residence within 5 years of the occurrence of the domestic abuse aggravated assault, 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 5 years immediately prior to the occurrence of the domestic abuse aggravated assault, or any child of the offender regardless of where the child resides.
Whoever commits the crime of domestic abuse aggravated assault shall be imprisoned at hard labor for not less than one year nor more than five years and fined not more than five thousand dollars.
This Subsection shall be cited as the “Domestic Abuse Aggravated Assault Child Endangerment Law”:
When the state proves, in addition to the elements of the crime as set forth above, that a minor child 13 years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the mandatory minimum sentence imposed by the court shall be 2 years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
If you have been arrested for Domestic Abuse Aggravated Assault in the New Orleans area, contact our firm for a consultation. We are ready to defend you!
New Orleans Federal Crimes Defense Attorney
Federal Trafficking Penalties for Schedule II Cocaine
FOR: Schedule II Cocaine — 500-4999 grams mixture Or
Schedule II Cocaine Base – 28-279 grams mixture
First Offense: Not less than 5 yrs. and not more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.
Second Offense: Not less than 10 yrs. and not more than life.
If death or serious bodily injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual.
FOR: Schedule II Cocaine – 5 kilograms or more mixture Or
Schedule II Cocaine Base – 280 grams or more mixture
First Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
Second Offense: Not less than 20 yrs, and not more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
2 or More Prior Offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
New Orleans Probation Revocation Attorney
Elizabeth B. Carpenter — Serving Metairie, Gretna, Jefferson Parish, Kenner, St. Charles Parish, Orleans Parish, Harvey, St. Tammany Parish, Covington, Mandeville, St. Bernard, Chalmette
If your loved one has been arrested for a Violation of Probation in the New Orleans area, please contact Attorney Elizabeth Carpenter for a consultation. She is ready to fight for you and try to keep your loved one out of jail.
Arrest Or Summons For Violation Of Probation — La CCRP Article 899
At any time during probation and suspension of sentence the court may issue a warrant for the arrest of a defendant for violation of any of the conditions of probation, or may issue a summons to appear to answer to a charge of violation or threatened violation.
The warrant of arrest may be executed by any peace officer and shall direct that the defendant be returned to the custody of the court or to a designated detention facility. The summons shall be personally served upon the defendant.
If a probation officer has reasonable cause to believe that a defendant has violated or is about to violate a condition of his probation or that an emergency exists so that awaiting an order of the court would create an undue risk to the public or to the probationer, the probation officer may arrest the defendant without a warrant, or may authorize a peace officer to do so.
The court may grant bail to a defendant who is arrested under this article.
When a warrant for a defendant’s arrest or a summons for defendant’s appearance is issued, the running of the period of probation shall cease as of the time the warrant, summons, or detainer is issued.
Within 10 days following the arrest of an offender, the court shall determine if there is probable cause to detain him pending a final violation hearing and shall consider whether to allow the offender bail pending the final hearing. The determination of probable cause may be made without a formal hearing and may be conducted through the use of affidavits.
Probation officers shall be deemed to be peace officers and shall have the same powers with respect to criminal matters and the enforcement of the law relating thereto as sheriffs, constables, and police officers have in their respective jurisdictions. They have all the immunities and defenses now or hereafter made available to sheriffs, constables, and police officers in any suit brought against them in consequence of acts done in the course of their employment.
Criminal Defense Attorney New Orleans
If you or a loved one has been arrested for Inciting a Felony, contact Attorney Elizabeth Bagert Carpenter. Let her experience and skill help you at this difficult time.
What is Inciting a Felony?
Inciting a felony is a crime that is defined by La. R.S. 14:28 – Inciting a felony is the endeavor by one or more persons to incite or procure another person to commit a felony.
What are the penalties?
Whoever commits the crime of inciting a felony shall be fined not more than 1,000.00 thousand dollars, or imprisoned, with or without hard labor, for not more than 2 years, or both.
If an offender over the age of 17 years commits the crime of inciting a felony by endeavoring to incite or procure a person under the age of 17 years to commit a felony, the offender shall be fined not more than one thousand dollars and imprisoned at hard labor for not more than 5 years.
Louisiana Child Pornography Defense Attorney
Child Pornography on the Internet
Have You Been Charged with a Child Pornography Offense in State or Federal Court?
If you have recently been charged with possession, distribution, or manufacture of child pornography, then you need to speak to an experienced criminal defense attorney as soon as possible. The Law Office of Elizabeth B. Carpenter is here to defend you and to protect your freedom. We have defended dozens of cases involving allegations involving Child Pornography. Ms. Carpenter is often called to speak about child pornography defense at seminars across Louisiana. Our firm has the experience necessary to effectuate skilled representation for those accused of Possession, Production, Distribution of Child Pornography.
What is Child Pornography?
It may seem like a silly question, but the legal definition of child pornography is not as clear cut as many may think. For example, in order to be considered pornography, an image does not necessarily need to show a minor engaging in a sexual act, it is enough to show any sexually explicit image. This means that even a picture of a naked child may be sufficient to be considered pornographic if the picture is sexually suggestive.
Another common point of confusion is consent. Consent from a minor is no defense to a child pornography charge. This is because, as the law sees it, there is no way for a minor to give valid to consent to these types of sexually explicit acts. So, as long as the subject is under the age of 18, there can be no consent defense. Similarly, a lack of knowledge of the true age of a minor may or may not be a valid defense, depending on the facts of the case.
Punishments for Child Pornography in State and Federal Court
As is the case with most offenses, the punishments for possession, distribution, or manufacture of child pornography vary greatly based on the jurisdiction and specific facts of the case. Even a first-time offender convicted of possession of child pornography is facing a minimum sentence of between 5 and 25 years plus heavy fines.
In addition to a term of imprisonment, most people convicted of a state or federal sex offense will be required to register as a sex offender for the rest of their life. This means that, even if that person moves from one city or state to another, they will still be required to register in the new location. Failure to register may result in an additional serious felony charge.
Louisiana Drug Crimes Defense Attorney
Are You Being Charged or Investigated for a Drug Crime in State or Federal Court?
If you have recently been charged with possession with the intent to distribute, you need to enlist the assistance of an experienced New Orleans criminal defense attorney immediately. Our firm has the experience and dedication required to take PWID charges head on. Click here to contact Attorney Elizabeth Bagert Carpenter.
Defending Against “Possession with the Intent to Distribute” Charges
Possession with the intent to distribute, or PWID as it is commonly known, is a serious charge and can result in long prison terms.
Possession with the intent to distribute offenses have three elements:
1.) That the defendant possessed a controlled substance, either actually or constructively;
2.) That the defendant did so with a specific intent to distribute the controlled substance; and
3.) That the defendant did so knowingly and intentionally.
How Can the Government Prove the Intent to Distribute?
Rarely does a PWID charge result from an actual drug transaction. If there is a transaction, then that defendant could be charged with distribution, rather than PWID. However, in cases where a defendant is found in possession of a large amount of controlled substance, prosecutors may try to prove the intent to distribute circumstantially.
Circumstantial evidence is different from direct evidence. Direct evidence tends to point to a suspect directly, such as an eyewitness account, fingerprint evidence, video tape recordings, etc. Circumstantial evidence relies on an inference or assumption. For Example:
Joe Bloe is caught crossing the US/Mexico border with 5 pounds of cocaine. The cocaine is divided into one ounce baggies. Joe Bloe has scales, extra baggies, razor blades, $45,000 cash, and two illegal guns in the car with him.
None of that evidence directly shows that Joe Bloe has the intent to distribute the cocaine. Direct evidence of his intent would be if he told the arresting officer that he intended to sell the drugs. Nevertheless, Joe Bloe may be charged with PWID because all of the other facts surrounding his arrest amount to circumstantial evidence that he had the intent to sell the drugs, rather than use them himself. In other words, a fact finder could reasonably conclude that Joe Bloe had the intent to distribute the drugs after excluding every reasonable hypothesis of innocence.
How to Defend Against PWID Charges
PWID cases are won and lost on the circumstantial evidence in the specific facts of the case. A good criminal defense attorney will challenge all evidence that the government tries to use to prove the intent to distribute.
Additionally, an experienced criminal defense attorney will attempt to suppress the physical evidence of the contraband when possible. Without the actual contraband, the government has an incredibly difficult time proving any offense occurred.
Drug Crimes Defense Attorney New Orleans Area
If you have been arrested or charged with possession of marijuana or drug paraphernalia in Kenner Louisiana, Contact our firm to speak with a Louisiana Drug Crimes Defense Attorney.
Kenner Municipal Code Sec. 7-191. — Possession of Marijuana
Marijuana is hereby defined as follows:
Marijuana means all parts of the plants of the Genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
Kenner Municipal Code Sec. 7-192. — Drug paraphernalia
Definitions. As used in this section, unless the context clearly otherwise indicates, the term “drug paraphernalia” shall mean and include, but not be limited to:
All equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation on the Uniform Controlled Dangerous Substances Law, as scheduled in LA-R.S. 40:964.
Prohibited Acts: It is unlawful for any person to use, or to possess with intent to use, any drug paraphernalia; to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this part.
Penalties: Anyone who violates the provision of this section shall subject the offender to a fine not in excess of five hundred dollars ($500.00) or imprisonment of not more than sixty (60) days, or both.
Domestic Abuse Battery Attorney New Orleans
If you have been recently arrested for Domestic Violence in the New Orleans area, contact our firm for a consultation. We have helped many couples through difficult times like these.
FAMILY SERVICES OF GREATER NEW ORLEANS
Harahan – 733-4031; New Orleans – 822-0800.
CRISIS INSTITUTE OF NEW ORLEANS-Tulane Avenue, 442-8355.
N.O. ABUSE COALITION, LLC – Kenner
Tony DiGeorge, LCSW, Tuesdays, Kenner Ochsner Hospital, 884-7989.
Jo Ballanco, LCSW, BCD, Monday Evenings, Power Boulevard, 908-3321.
Mary Dermody, LPC, LMFT, Tuesday Evenings, Clay and Airline and other N.O. Groups, 554-1346.
CONFIDENTIAL COACHING AND CONSULTING-Kenner
Kisha Calix, MBA, Daytime and Evening Classes, Monday-Saturday. 275-4965.
FAMILY SERVICES OF GREATER NEW ORLEANS
Harahan/New Orleans, 822-0800.
CRISIS INSTITUTE OF NEW ORLEANS – 442-8355.
WOMEN’S DOMESTIC VIOLENCE GROUP – Kenner
Jo Ballanco, LCSW, BCD, 908-3321.
Tony DiGeorge- LCSW, 884-7089.
Tuesday Evenings, Kenner Ochsner Hospital
CONFIDENTIAL COACHING AND CONSULTING-Kenner
Kisha Calix, MBA, Daytime and Evening Classes, Monday-Saturday, 275-4965
New Orleans Louisiana Criminal Defense Attorney
Obstructing Public Passages — La. R.S. 14:100.1
No person shall wilfully obstruct the free, convenient and normal use of any public sidewalk, street, highway, bridge, alley, road, or other passageway, or the entrance, corridor or passage of any public building, structure, water craft or ferry, by impeding, hindering, stifling, retarding or restraining traffic or passage thereon or therein.
Whoever violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both fined and imprisoned.
This Section shall not be applicable to the erection or construction of any barricades or other forms of obstructions as a safety measure in connection with construction, excavation, maintenance, repair, replacement or other work, in or adjacent to any public sidewalk, street, highway, bridge, alley, road, or other passageway, nor to the placing of barricades or other forms of obstruction by governmental authorities, or any officer or agent thereof, in the proper performance of duties.