Posts Tagged ‘Defense Attorney New Orelans’

Unauthorized Use of a Movable — Louisiana

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

 

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.

Theft of Motor Vehicle Fuel — Louisiana

 

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!

 

Theft of Motor Vehicle Fuel — La RS 14:67.17

No person shall dispense fuel, including gasoline and diesel, into the fuel tank of a motor vehicle at an establishment in which motor gasoline or diesel is offered for retail sale and leave the premises of the establishment unless the payment or authorized charge for the fuel has been made.

Whoever violates the provisions of this Section shall be subject to a fine or imprisonment or both, in accordance with the penalties prescribed in R.S. 14:67.

In addition, the driver’s license of any person violating the provisions of this Section shall be suspended upon conviction or plea of guilty or nolo contendere.  Upon a first conviction, the driver’s license suspension shall be for a period not to exceed 6 months.  Upon a second or subsequent conviction, the suspension shall be for a period not to exceed one year.  Upon conviction or plea of guilty or nolo contendere, the court shall surrender the driver’s license to the Department of Public Safety and Corrections for suspension in accordance with the provisions of this Section.

 

Contact Elizabeth B. Carpenter, Esq. to schedule a Consultation today!

Fraudulent Portrayal of a Law Enforcement Officer or Firefighter — Louisiana

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.

 

Fraudulent Portrayal of a Law Enforcement Officer or Firefighter — 14:112.2

Fraudulent portrayal of a law enforcement officer or firefighter is the impersonation of any law enforcement officer or firefighter for the purpose of obtaining access to a public building, facility, or service.  The fraudulent portrayal includes but is not limited to any of the following:

(1)  Portraying or impersonating a law enforcement officer or firefighter by any means.

(2)  Possessing, without authority, any uniform or badge by which a law enforcement officer or firefighter is identified.

(3)  Performing any act purporting to be official while portraying a law enforcement officer or firefighter.

(4)  Making, altering, possessing, or using a false document or document containing false statements which purports to be a training program certificate or in-service training certificate or other documentation issued by the Council on Peace Officer Standards and Training, pursuant to R.S. 40:2405, which certifies the peace officer has successfully completed the requirements necessary to exercise his authority as a peace officer.

(5)  Making, altering, possessing, or using any false documents or credentials which purport to identify the person as a law enforcement officer or firefighter.

For the purposes of this Section, “law enforcement officer or firefighter” shall include police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, state park wardens, firemen, and probation and parole officers.

 “Access to a public building, facility, or service” includes but is not limited to the following:

(1)  Free and unhampered passage on and over toll bridges and ferries in this state.

(2)  Free passage on and over the Crescent City Connection Bridge at New Orleans.

(3)  Free passage on any tollway as defined in R.S. 48:2021(17).

(4)  Free parking at any parking facility owned by the state or any of its political subdivisions.

(5)  Free admission or reduced price admission to any entertainment, cultural, or sporting event.

Whoever commits the crime of fraudulent portrayal of a law enforcement officer or firefighter shall be fined not more than $1,000.00 dollars or imprisoned with or without hard labor for not more than 2 years, or both.

False Impersonation of a Police Officer or Firefighter — Louisiana

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.

 

False Personation of a Police Officer or Firefighter– La RS 14:112.1

False personation of a peace officer is the performance of any one or more of the following acts with the intent to injure or defraud or to obtain or secure any special privilege or advantage:

(1)  Impersonating any peace officer or assuming, without authority, any uniform or badge by which a peace officer or firefighter is lawfully distinguished.

(2)  Performing any act purporting to be official in such assumed character.

(3)  Making, altering, possession, or use of a false document or document containing false statements which purports to be a training program certificate or in-service training certificate or other documentation issued by the Council on Peace Officer Standards and Training, pursuant to R.S. 40:2405, which certifies the peace officer has successfully completed the requirements necessary to exercise his authority as a peace officer.

(4)  Equipping any motor vehicle with lights or sirens which simulate a law enforcement vehicle.

Whoever commits the crime of false personation of a peace officer or firefighter shall be fined not more than $1,000 dollars or imprisoned with or without hard labor for not more than 2 years, or both

False Impersonation Law — Louisiana

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.

 

 

False Impersonation — 14:1112

False personation is the performance of any of the following acts with the intent to injure or defraud, or to obtain or secure any special privilege or advantage:

(1)  Impersonating any public officer, or private individual having special authority by law to perform an act affecting the rights or interests of another, or the assuming, without authority, of any uniform or badge by which such officer or person is lawfully distinguished; or

(2)  Performing any act purporting to be official in such assumed character.

Whoever commits the crime of false personation shall be fined not more than $100.00 dollars, or imprisoned for not more than 90 days, or both.

Court Holds Viewing Child Pornography Does Not Necessarily Indicate Possession

Sex Crimes Defense Attorney Louisiana

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense

 

If you are facing a Sex Crime charge in Louisiana of Possession, Production, Distribution of Pornography Involving Juveniles, it is imperative that you seek counsel from an experienced Sex Crime Defense Attorney in Louisiana.  American culture has created a witch hunt atmosphere for those accused of a sex crime; you will have to face hostile prosecutors and harsh public opinion.  Elizabeth B. Carpenter Law is here to defend you and to protect your freedom.  Ms. Carpenter has the experience necessary to effectuate skilled representation for those accused of Possession, Production, Distribution of Child Pornography.  Contact us to schedule a consultation.

 

Court Holds Viewing Child Pornography

Does Not Necessarily Indicate Possession

 

 

The Court of Appeals, New York ruled on Tuesday that viewing child pornography on the Internet without any follow-up action like saving or printing files does not create an automatic conclusion of possession of pornographic materials. The ruling was made in the course of considering the case against James Kent, a former professor at Marist College who was convicted in 2009 for 143 counts of possession of child pornography. Two vital counts of that ‘possession’ were dismissed by the court of appeals raising questions as to the fate of the rest.

 

The question that was considered was whether copies of a web page automatically stored in the computer’s temporary cache while browsing the internet can be construed as ‘possession.’ The court held that to ‘possess’ the cached images, “the defendant’s conduct must exceed mere viewing to encompass more affirmative acts of control such as printing, downloading or saving.”

 

Judge Carmen Ciparick wrote for the court that the prosecutors need to prove, “at a minimum, that the defendant was aware of the presence of those items in the cache.”

 

When in 2007, Kent asked information technology staff to have a look at his computer, an employee found numerous photos and videos of young children in compromising positions. Almost 30,000 files were found in the computer’s cache. Kent had argued that he had used the images as part of his research in child pornography and that it could not be possession as he was mostly unaware that such files were saved in his computer’s cache.

 

Kent was convicted by a non-jury trial of 143 counts of possession. On Appeal, in 2010, the Second Department Appellate Division upheld the conviction and ruled that a cached web page “is evidence that the web page was accessed and displayed on the defendant’s computer screen.”

 

On Tuesday, the Court of Appeals dismissed two counts which related to files that had not been saved on purpose.

 

The appellate court mentioned, “a defendant cannot knowingly acquire or possess that which he or she does not know exists.”

 

However, Judge Victoria Graffeo wrote that the opinion was so broad as to legalize viewing child pornography in New York. Though she concurred in the appellate court’s decision, she said that the opinion goes against the intent of the legislature to punish consumers and eradicate the market for child pornography.

 

Graffeo wrote “The majority’s decision … will, unfortunately, lead to increased consumption of child pornography by luring new viewers who were previously dissuaded by the potential for criminal prosecution.” Judge Eugene Pigott, too, joined Graffeo and wrote that it is a crime to consciously access child pornography.

 

The case has been sent back for resentencing.

 

The case is the People v. James Kent, New York State Court of Appeals No. 70.

Simple Escape / Aggravated Escape — Louisiana

Criminal Defense Attorney New Orleans

 

Elizabeth B Carpenter Law — Attorney New Orleans

 

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.

 

Simple Escape / Aggravated Escape — La RS 14:110

Simple escape shall mean any of the following:

The intentional departure, under circumstances wherein human life is not endangered, of a person imprisoned, committed, or detained from a place where such person is legally confined, from a designated area of a place where such person is legally confined, or from the lawful custody of any law enforcement officer or officer of the Department of Public Safety and Corrections.

The failure of a criminal serving a sentence and participating in a work release program authorized by law to report or return from his planned employment or other activity under the program at the appointed time.

The failure of a person who has been granted a furlough to return to his place of confinement at the appointed time.

—————

A person who is participating in a work release program and who commits the crime of simple escape shall be imprisoned with or without hard labor for not less than six months nor more than one year and any such sentence shall not run concurrently with any other sentence.

A person who fails to return from an authorized furlough shall be imprisoned with or without hard labor for not less than six months nor more than one year and any such sentence shall not run concurrently with any other sentence.

A person imprisoned, committed, or detained who commits the crime of simple escape shall be imprisoned with or without hard labor for not less than two years nor more than five years; provided that such sentence shall not run concurrently with any other sentence.

 

Aggravated Escape

Aggravated Escape is the intentional departure of a person from the legal custody of any officer of the Department of Public Safety and Corrections or any law enforcement officer or from any place where such person is legally confined when his departure is under circumstances wherein human life is endangered.

Whoever commits an aggravated escape as herein defined shall be imprisoned at hard labor for not less than 5 years nor more than 10 years and any such sentence shall not run concurrently with any other sentence.

** For purposes of this Section, a person shall be deemed to be in the lawful custody of a law enforcement officer or of the Department of Public Safety and Corrections and legally confined when he is in a rehabilitation unit, a work release program, or any other program under the control of a law enforcement officer or the department.

** The provisions of this Section shall be applicable to all penal, correctional, rehabilitational, and work release centers and any and all prison facilities under the control of the sheriffs of the respective parishes of the state of Louisiana.  The prison facilities shall include but are not limited to parish jails, correctional centers, work release centers, and rehabilitation centers, hospitals, clinics, and any and all facilities where inmates are confined under the jurisdiction and control of the sheriffs of the respective parishes.

Elizabeth B Carpenter Law — Attorney New Orleans

Telephone Harassment — Louisiana

Criminal Defense Attorney New Orleans

 

Elizabeth B. Carpenter, Esq. – Serving clients in Orleans, Jefferson, Terrebonne, Tangipahoa, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.

 

Telephone Communications:  Improper Language and Harassment — La RS 14:285

No person shall:

(1) Engage in or institute a telephone call, telephone conversation, or telephone conference, with another person, anonymously or otherwise, and therein use obscene, profane, vulgar, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature or threaten any illegal or immoral act with the intent to coerce, intimidate, or harass another person.

(2) Make repeated telephone communications anonymously or otherwise in a manner reasonably expected to annoy, abuse, torment, harass, embarrass, or offend another, whether or not conversation ensues.

(3) Make a telephone call and intentionally fail to hang up or disengage the connection.

(4) Engage in a telephone call, conference, or recorded communication by using obscene language, when by making a graphic description of a sexual act, and the offender knows or reasonably should know that such obscene or graphic language is directed to, or will be heard by, a minor. Lack of knowledge of age shall not constitute a defense.

(5) Knowingly permit any telephone under his control to be used for any purpose prohibited by this Section.

 

Penalties

Any offense committed by use of a telephone as set forth in this Section shall be deemed to have been committed at either the place where the telephone call or calls originated or at the place where the telephone call or calls were received.

Whoever violates the provisions of this Section shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.

Upon second or subsequent offenses, the offender shall be fined not more than five thousand dollars, or imprisoned with or without hard labor for not more than two years, or both.

 

Possession, manufacture, sale or transfer of devices for avoidance of payment for telecommunications services — Louisiana

Criminal Defense Attorney New Orleans

 

Elizabeth B. Carpenter, Esq. – Serving clients in Orleans, Jefferson, Terrebonne, Tangipahoa, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.

 

Possession, manufacture, sale or transfer of devices for avoidance of payment for telecommunications services or related offenses; seizure of devices — La RS 14:222

 

A.  It shall be unlawful for any person knowingly to:

(1)  Make or possess any instrument, apparatus, equipment or device designed, adapted or which can be used

(a)  For commission of a crime in violation of R.S. 14:67, R.S. 14:67.3 or R.S. 14:221 or

(b)  To conceal, or to assist another to conceal, from any supplier of telecommunications services or from any lawful authority the existence or place of origin or destination of any telecommunications:

(2)  Sell, give, transport, or otherwise transfer to another, or offer or advertise to sell, give, or otherwise transfer, any instrument, apparatus, equipment, or device described in (1) above, or plans or instructions for making or assembling the same;*

under circumstances evincing an intent to use or employ such instrument, apparatus, equipment, or device, or to allow the same to be used or employed, for a purpose described in (1)(a) or (1)(b) above, or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling such instrument, apparatus, equipment, or device.

B.  Whoever violates any provision of this Section shall, on first conviction, be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.

On a second conviction, the offender shall be fined not more than two thousand dollars, or imprisoned for not more than one year, or both.

C.  Any such instrument, apparatus, equipment, device or plans or instructions therefor, may be seized by court order under a search warrant or incident to a lawful arrest; and upon the conviction of any person for a violation of any provision of this Section, or R.S. 14:67, R.S. 14:67.3 or R.S. 14:221, such instrument, apparatus, equipment, device, plans or instructions shall either be destroyed as contraband by the sheriff of the parish in which such person was convicted or turned over to the telephone company in whose territory such instrument, apparatus, equipment, device, plans or instructions were seized.

D.  The provisions of this Section shall not apply to privately owned communications equipment which is not connected with, or does not use the equipment or facilities of a telecommunications supplier regulated by a duly constituted governmental authority; nor shall the provisions of this Section apply to privately owned communications equipment which is connected with or does use the equipment or facilities of such telecommunications supplier when such connection or use is lawful and in accord with the tariffs of such supplier or is made with the consent of such supplier.

E.  Nothing herein shall apply to public service and emergency communications performed by holders of valid Federal Communications Commission radio amateur licenses without charge on the part of such licensees; provided that nothing herein shall excuse any person from compliance with lawful tariffs or any telecommunications company.

F.  Nothing herein shall apply to the sale of premises reception equipment by other than an operating cable company, so long as the equipment sold is not capable of descrambling cable signals.

G.  Nothing herein shall be construed to allow, permit, or encourage the unauthorized interception of cable services.