Posts Tagged ‘Criminal Defense New Orleans’
Second Degree Cruelty to Juvenile — Louisiana
May 13, 2013
New Orleans Criminal Defense Attorney
Elizabeth B. Carpenter — Criminal Attorney Contact
Second Degree Cruelty to Juveniles — La RS 14:93.2.3
Second Degree Cruelty to juveniles is:
A.(1) Second degree cruelty to juveniles is the intentional or criminally negligent mistreatment or neglect by anyone over the age of 17 to any child under the age of 17 which causes serious bodily injury or neurological impairment to that child.
(2) For purposes of this Section, “serious bodily injury” means bodily injury involving protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or substantial risk of death.
B. The providing of treatment by a parent or tutor in accordance with the tenets of a well-recognized religious method of healing, in lieu of medical treatment, shall not for that reason alone be considered to be intentional or criminally negligent mistreatment or neglect and shall be an affirmative defense to a prosecution under this Section.
Penalties
Whoever commits the crime of second degree cruelty to juveniles shall be imprisoned at hard labor for not more than 40 years.
This offense is considered a Crime of Violence, therefore it is not expungeable. However, it is a crime for which jail time is not mandatory — one may receive probation only.
Posted in 
Tags: 
New Louisiana Bill Aims to Create the Crime of Unlawful Storage of a Firearm
March 12, 2013
New Orleans Weapons Crimes Attorney
Elizabeth B. Carpenter — Weapons and Gun Defense Attorney
The Louisiana News Bureau has just announced a proposed bill that aims to create the crime of unlawful storage of a firearm. This is House Bill 4 by Rep Norton.The proposed law provides that it is unlawful to keep or store a firearm unless it is in a locked container or is equipped with a lock to render the firearm inoperable.
The law proposes the following penalties:
First violation of a fine of not more than $300.
Second or subsequent violation of a fine of not more than $500, imprisonment for not more than six months, or both.
Proposed law creates an exception if the firearm is on the person or is in use.
With all due respect to Rep. Norton, I think that this is the most ridiculous piece of legislation. I would like to understand the purpose of it. Will this make the public safer? In light of the recent gun related tragedies in Colorado and Connecticut, I think that we are going to see a lot of proposed frivolous legislation such as this. Again, I think that this in a legislative intent to fix a symptom instead of a problem. What was the real issue in the recent massacres in Co. and Ct? The lack of sufficient funding and options for mental health treatment in this country.
If you have been accused of a gun or weapons crime in the New Orleans area, contact Elizabeth B. Carpenter to schedule a consultation. We are ready to take action and stand by your side.
DWI Checkpoint Scheduled for Saturday Night Jefferson Parish
November 16, 2012
Jefferson Parish DWI DUI Attorney
Elizabeth B. Carpenter, Esq. — DWI DUI Attorney New Orleans
Serving DWI DUI Clients In Metairie, Kenner, Gretna, New Orleans, LaPlace, Hammond, Mandeville and Covington!
DWI Checkpoint Scheduled for Saturday 11/17/2012 in West Jefferson Parish
Jefferson Parish Sheriff’s Office’s deputies will be on the prowl Saturday night looking for drunk drivers on the West Bank. Deputies will set up DWI checkpoint for motorists at an undisclosed location between 8 p.m. to 2 a.m., according to Col. John Fortunato, spokesman for the department.
The checkpoint is part of the sheriff’s office effort to prevent alcohol-related injuries and fatalities. Fortunato said intoxicated drivers will be arrested.
He reminded motorists not to drive while under the influence of alcohol or any other substance that could lead to impairment. Drivers and all vehicle occupants are also reminded to buckle-up.
ABOUT ATTORNEY ELIZABETH B. CARPENTER
Elizabeth B. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take when training. This level of dedication to her practice helps her challenge the common errors that police officers make during a DWI arrest.
For more information about attorney Elizabeth B. Carpenter see her criminal defense website and her New Orleans Criminal Defense Attorney Blog. Ms. Carpenter is a skilled criminal attorney who can also be followed on Facebook.
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 theLouisiana 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, Plaquemines, St. John, St. Tammany and St. Charles Parishes. Carpenter’s mission is to provide clients with exceptional, personalized, and professional service.
United States Supreme Court Cases To Follow This Week — Criminal Defense Attorney New Orleans
October 29, 2012
By: Elizabeth B Carpenter
New Orleans Criminal Defense Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Premiere Criminal Defense Attorney
Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.
The following cases are being argued before the U.S. Supreme Court this week:
BAILEY V. UNITED STATES
Can police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is executed.
CHAIDEZ V. UNITED STATES
In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), this Court held that criminal defendants receive ineffective assistance of counsel under the Sixth Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation. The question presented is whether Padilla applies to persons whose convictions became final before its announcement.
FLORIDA V. JARDINES
Is a dog sniff at the front door of a suspected grow house by a trained narcotics detection dog is a Fourth Amendment search requiring probable cause?
FLORIDA V. HARRIS
Is an alert by a well-trained narcotics detection dog certified to detect illegal contraband insufficient to establish probable cause for the search of a vehicle?
DWI Checkpoint Tonight Orleans Parish — Saturday
September 27, 2012
New Orleans DWI DUI Attorney
Elizabeth B. Carpenter, Esq. — DWI DUI Attorney New Orleans
Serving DWI DUI Clients In Metairie, Kenner, Gretna, New Orleans, LaPlace, Hammond, Mandeville and Covington!
DWI Checkpoint New Orleans
(September 27, 2012)-New Orleans LA,-As required by the Louisiana Supreme Court, the New Orleans Police Department is issuing a public advisory regarding a sobriety checkpoint that will be conducted tomorrow night.
The New Orleans Police Department’s Traffic Division will conduct a sobriety checkpoint, in Orleans Parish, on Friday September 28, 2012, beginning at approximately 9:00 P.M. and will conclude at approximately 5:00 A.M. Motorists will experience minimal delays and should have the proper documentation available if requested, i.e., proof of insurance, driver’s license, etc.
Superintendent of Police Ronal Serpas said” I would like to remind all drivers to always drink responsibly and use a designated driver”.
About Attorney Elizabeth B Carpenter
If you or a loved one has been arrested for a DWI, New Orleans DWI Attorney Elizabeth B. Carpenter can help you. Ms. Carpenter has an excellent reputation as a DWI attorney in New Orleans. One of the main areas of Ms. Carpenter’s law practice is representing those accused, sometimes falsely, of driving while intoxicated in the New Orleans area – including cases of underage DWI in New Orleans.
DWI arrests are based solely on officers’ subjective opinions and machines used to measure blood alcohol content can be unreliable or provide misstated results when not administered properly. Therefore, DWI defense is very complicated and involves an intricate understanding of the scientific as well as the legal issues. Ms. Carpenter regularly further educates herself about the latest laws and strategies pertaining to DWI defense. She has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take. This level of dedication to her practice helps her challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Sometimes these errors form enough evidence to have the entire case dismissed.
Video Voyeurism / Voyeurism / Peeping Tom — St. Tammany Parish
August 13, 2012
Criminal Defense Attorney New Orleans
Elizabeth B. Carpenter, Esq. – Sex Crimes Attorney New Orleans
Elizabeth B Carpenter Law is one of Louisiana’s premiere law firms representing clients who are accused of Sex Offenses including Voyeurism. If you have been accused of a Sex Crime, contact our office today to schedule a consultation. Video Voyeurism is not an offense to be taken lightly; it is a Sex Crime. Your freedom is important to us!
Voyeurism — La. R.S. 14:283.1
Voyeurism is the viewing, observing, spying upon, or invading the privacy of a person by looking through the doors, windows, or other openings of a private residence without the consent of the victim who has a reasonable expectation of privacy for the purpose of arousing or gratifying the sexual desires of the offender.
Penalties
First Conviction: fined not more than $500.00, imprisoned for not more than 6 months, or both.
Second or Subsequent Conviction: fined not more than $1,000.00, imprisoned with or without hard labor for not more than 1 year, or both.
Anyone who is convicted of the crime Voyeurim must register as a Sex Offender with the state for 15 years to be conducted annually.
Video Voyeurism — La R.S. 14:243
Video Voyeurism is the use of any camera, videotape, photo-optical, photo-electric, or any other image recording device for the purpose of observing, viewing, photographing, filming, or videotaping a person where that person has not consented to the observing, viewing, photographing, filming, or videotaping and it is for a lewd or lascivious purpose.
Penalties
First Conviction: fined not more than $2,000.00 or imprisoned, with or without hard labor, for not more than 2 years, or both.
Second or Subsequent Conviction: fined not more than $2,000 and imprisoned at hard labor for 6 months to 3 years without benefit of parole, probation, or suspension of sentence.
Penalty Enahncements
** Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any vaginal or anal sexual intercourse, actual or simulated sexual intercourse, masturbation, any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals shall be fined not more than $10,000 and be imprisoned at hard labor for 1 to 5 years, without benefit of parole, probation, or suspension of sentence. ***
** Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any child under the age of 17 with the intention of arousing or gratifying the sexual desires of the offender shall be fined not more than $10,000.00 and be imprisoned at hard labor for 2 to 10 years without benefit of parole, probation, or suspension of sentence. **
Anyone who is convicted of the crime Video Voyeurim must register as a Sex Offender with the state for 15 years to be conducted annually.
Peeping Tom — La R.S. 14:284
No person shall perform such acts as will make him a ”Peeping Tom” on or about the premises of another, or go upon the premises of another for the purpose of becoming a “Peeping Tom.”
“Peeping Tom” means one who peeps through windows or doors, or other like places, situated on or about the premises of another for the purpose of spying upon or invading the privacy of persons spied upon without the consent of the persons spied upon. The person does not have to be actually on the premises of another.
Whoever violates this Section shall be fined not more than$500.00, or imprisoned for not more 6 months, or both.
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney
Porn Legend Jenna Jameson Arrested For DWI
July 13, 2012
New Orleans DWI DUI Attorney
Elizabeth B. Carpenter, Esq. — DWI DUI Attorney New Orleans
Adult film legend Jenna Jameson is facing DWI charges after hitting a large pole.
- Jameson was arrested after blowing .13; also evidence of prescription drug use
- Never voluntarily give evidence to police that prosecutors can use against you
- Good attorney can craft effective DUI defense in difficult situations
Accident with Pole
Jameson was in a single-car accident on May 25 which left her truck smashed in the front, with a broken axle. Police responded to the scene and administered sobriety tests. Sure enough, Jameson blew a .13 and was found to have the prescription drugs Ambien and Suboxone in her body. Naturally, she was arrested on the spot and faces DUI DWI charges.
It looks bad for the adult film star. However, all is not lost. Even when the evidence piles up against you, people charged with DWI DUI can still fight to get their charges thrown out or reduced with the help of a good attorney.
There are a number of ways to challenge DUI charges even when the odds are against you. In Jameson’s case, one thing she has going for her is that officers apparently didn’t witness any erratic driving or see what caused the accident.
Be Careful What You Blow
Like many interactions with police, a suspect’s smartest move when being questioned about a driving accident is to keep quiet until you can get a lawyer on your side. In fact, if the police don’t remind you that you have the right to remain silent and to consult with an attorney, that can be used to bolster your case in court and possibly get some of the evidence against you thrown out.
If you keep your mouth shut, the cops might not even be able to prove that you were driving the car if they come upon a crash after the fact. If law enforcement does not actually witness you operating a vehicle, they will have to rely on the evidence at the scene, as well as your own statements, to decipher who was driving the vehicle Shelton explains. “If you ever find yourself in a similar situation, DO NOT answer any questions posed by law enforcement prior to consulting an attorney.
Of course, an elevated blood alcohol content and evidence of prescription medication in the system is going to be harder to explain in front of a judge. Jameson’s .13 and the meds could be her downfall.
ABOUT ATTORNEY ELIZABETH B. CARPENTER
Elizabeth B. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take when training. This level of dedication to her practice helps her challenge the common errors that police officers make during a DWI arrest.
Ms. Carpenter is a skilled criminal attorney who defends against DWI charges, domestic violence charges, Drug Crime, and sex crimes, among others in the New Orleans metro area. Elizabeth B. Carpenter Law can also be followed on Facebook.
Unlawful use of a Laser on a Police Officer — Louisiana
May 23, 2012
New Orleans Criminal Defense Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Premiere Criminal Defense Attorney
Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.
Unlawful use of a Laser on a Police Officer — La RS 14:37.3
Unlawful use of a laser on a police officer is the intentional projection of a laser on or at a police officer without consent of the officer when the offender has reasonable grounds to believe the officer is a police officer acting in the performance of his duty and that the officer will be injured, intimidated, or placed in fear of bodily harm.
Whoever commits the crime of unlawful use of a laser on a police officer shall be fined not more than $500.00 dollars or imprisoned not more than 6 months, or both.
Unauthorized Use of a Movable — Louisiana
May 22, 2012
New Orleans Criminal Defense Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Premiere Criminal Defense Attorney
Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.
Unauthorized Use of a Movable
Unauthorized use of a movable is the intentional taking or use of a movable which belongs to another, either without the other’s consent, or by means of fraudulent conduct, practices, or representations, but without any intention to deprive the other of the movable permanently. The fact that the movable so taken or used may be classified as an immovable, according to the law pertaining to civil matters, is immaterial.
Whoever commits the crime of unauthorized use of a movable having a value of $500.00 dollars or less shall be fined not more than $500.00 dollars, imprisoned for not more than 6 months, or both. Whoever commits the crime of unauthorized use of a movable having a value in excess of $500.00 dollars shall be fined not more than $5,000.00 dollars, imprisoned with or without hard labor for not more than 5 years, or both.
Organized Retail Theft — Louisiana
May 22, 2012
New Orleans Criminal Theft Defense Attorney
Elizabeth B. Carpenter, Esq. — Criminal Attorney New Orleans
If you have been charged with Theft — you need a good lawyer on your side to fight for your rights!
Organized Retail Theft — La RS 14:67.25
Organized retail theft is the intentional procuring, receiving, or concealing of stolen retail property with the intent to sell, deliver, or distribute that property.
It shall be presumptive evidence that the owner or operator of any retail establishment has violated this Section when:
(1) On more than one occasion within any one-hundred-eighty-day period the offender has intentionally possessed, procured, received, or concealed stolen retail property; and
(2) The stolen retail property was possessed, procured, received, or concealed from or on behalf of any person who:
(a) Did not have a proper business license; or
(b) Did not pay sales or use taxes to the state or the appropriate local government subdivision in the jurisdiction where the possessing, procuring, receiving, or concealing took place for the transfer of the items to the owner or operator of the retail establishment; or
(c) Accepted a cash payment for the stolen retail property and did not provide the owner or operator of the possessing, procuring, receiving, or concealing retail establishment an invoice for the sale.
Penalties
Whoever commits the crime of organized retail theft when the aggregate amount of the misappropriation, taking, purchasing, possessing, procuring, receiving, or concealing in any one-hundred-eighty-day period amounts to a value less than five hundred dollars shall be imprisoned with or without hard labor for not more than two years, or may be fined not more than two thousand dollars, or both.
Whoever commits the crime of organized retail theft when the aggregate amount of the misappropriation, taking, purchasing, possessing, procuring, receiving, or concealing in any one-hundred-eighty-day period amounts to a value more than five hundred dollars shall be imprisoned with or without hard labor for not more than ten years, or may be fined not more than ten thousand dollars, or both.
