Posts Tagged ‘new orleans criminal defense attorney’

What is Boykinization?

New Orleans Criminal Defense Attorney

 

Elizabeth B. Carpenter, Esq. — Criminal Defense 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.

 

Boykinization is a term sometimes used to refer to reading a defendant his rights. It derives from a case, Boykin v. Alabama, 395 U.S. 238 (1969), decided by the United States Supreme Court. This case is most often cited for the principle that guilty pleas are enforceable only if taken voluntarily and intelligently. Due process requires an affirmative showing that a defendant who pleads guilty to a criminal charge has been apprised of his constitutional rights and has knowingly and voluntarily waived those rights. Such waiver cannot be presumed and reversible error is presented when the record does not disclose that the defendant voluntarily and understandingly entered his pleas of guilty.

 

In Boykin, the defendant was charged with common-law robbery. He pleaded guilty to the five indictments against him, and the trial court entered his plea of guilty.The jury sentenced defendant to death. On automatic appeal, the state supreme court affirmed the judgment, holding that a death sentence for robbery was not cruel and unusual punishment. On further appeal, the United States Supreme Court court reversed defendant’s conviction because the record contained no showing that his guilty plea was voluntary. The court held that an affirmative showing of voluntariness on the record was necessary in order to conclude that defendant had waived his constitutional rights.

 

If you or a loved one is facing criminal charges, contact attorney Elizabeth B. Carpenter for a consultation.  Our firm prides itself on the results we achieve for clients.

 

 

Appeals Court Considers Marijuana Reclassification — New Orleans Criminal Defense Attorney

 

NEW ORLEANS MARIJUANA DEFENSE ATTORNEY

 

 

If you have been arrested for a Marijuana Offense in LouisianaElizabeth B. Carpenter, Esq.  Our fees are always discounted for Marijuana Offenses.

 

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.

 

 

Appeals Court Considers Marijuana Reclassification

 

 

More than 10 years after it was initially filed, the latest petition to remove marijuana from Schedule Iof the Controlled Substances Act is finally giving the herb its day in court. The current classification lumps cannabis in with drugs such as heroin, LSD and mescaline.

The District of Columbia U.S. Circuit Court of Appeals heard oral arguments this week in the case of Americans for Safe Access v. Drug Enforcement Administration, providing an opening for medical marijuana reform advocates to challenge the conventional law enforcement contention that marijuana has a “high potential for abuse” and is “without accepted medical use in treatment in the United States.”

Joe Elford, Chief Counsel for Americans for Safe Access, described an endless cycle orchestrated by federal drug enforcers in an effective effort to keep marijuana on Schedule I indefinitely. He argued that the Department of Health and Human Services is actively stifling much-needed research into marijuana’s medical benefits, citing the Schedule I classification as the basis for controlling research. The DEA completes the cycle by arguing that marijuana can’t be removed from Schedule I because there isn’t enough available research. This strategy has for years put a stranglehold on any opportunity for federally-accepted research into the medical marijuana benefits found in other studies.

“They’ve created a catch-22 so that they never have to be responsible for moving marijuana off of Schedule I,” said Kris Hermes, spokesperson for Americans for Safe Access. “They’re placing politics before science.”

 

DEA attorney Lena Watkins argued that the federal government does allow for research into the medical efficacy of marijuana, and that there have been 15 such studies that have met the government’s exacting standards. When asked by the three-judge panel why those studies have not convinced the DEA that marijuana has a legitimate medical use, Watkins said, “we don’t have the final results yet.”

Watkins reminded the court that neither state legislatures nor voters are qualified to judge the accepted medical use of marijuana, and stressed that “marijuana is the most widely abused drug in America.”

“The DEA often argues that just by the fact that marijuana is used by so many in the United States, that it’s tantamount to having high potential for abuse,” Hermes said. “That’s a ludicrous standard, and it’s not consistent with the way it’s used by the FDA.”

 

Key Legal Hurdle

The issue that tripped up two prior appeals of marijuana’s classification may be the downfall of this effort as well: A plaintiff must prove that he’s been harmed in order to have legal standing to sue. Past attempts to reschedule the drug failed because the plaintiffs weren’t able to prove this to the court’s satisfaction.

Before adjourning, the appeals court ordered the plaintiffs to provide supplemental briefing to make their case for standing, indicating it could be a fatal stumbling block yet again.

“They’re taking the standing issue very seriously,” Hermes said.

The plaintiff in this case is Michael Krawitz, a disabled United States Air Force veteran. Krawitz uses medical marijuana in combination with more conventional medications to alleviate pain resulting from a military service injury. But Krawitz is being denied medical services by the Department of Veterans Affairs because he’s a medical marijuana patient.

Krawitz said marijuana’s Schedule I classification has “caused my fellow patients to be imprisoned, be denied work, be denied housing, be denied the right to a firearm, and be removed from transplant lists.”

“Despite being an Oregon card-holding medical marijuana patient, I’ve had to access medical treatment for my pain outside the VA,” Krawitz said, adding that “this is done openly as punishment to stop me from using cannabis.”

 

A Curious Question

Since the appeal of this petition was granted, medical marijuana advocates have argued that regardless of the outcome, the opportunity to bring evidence of marijuana’s medical benefits before a court is a victory in itself.

They may need to look for victories where they can, as Judge Merrick Garland asked one question that suggested an ominous outcome.

“Don’t we have to defer to the agency?” he asked, referring to the DEA. “We’re not scientists. They are.”

Far from being scientists, the DEA is a federal law enforcement agency operating within the Department of Justice.

Do you think that marijuana should be removed from Schedule I? How do you think it should be classified? Let us know in the comments section below.

 
Attorney Elizabeth B Carpenter has been a supporter of reforming Marijuana Laws for many years.  Currently, Louisiana has some of the harshest marijuana laws in the country, and it has the fifth-highest marijuana arrest rate in the United States.  Additionally, Louisiana has never had a law that effectively protects medical marijuana patients from arrest. In the last several sessions, Louisiana legislators have been too busy trying to increase marijuana penalties and refusing to introduce compassionate medical marijuana legislation.

 

 

 

Louisianans must form a united front and remain determined to stand up to the injustice of marijuana prohibition and accomplish decriminalization, no matter how long it takes to succeed.  

 

 

Schedule V Controlled Dangerous Substance — Louisiana

NEW ORLEANS DRUG CRIME DEFENSE ATTORNEY

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney  
 The following is a list of Schedule IV controlled and dangerous substances as defined in the Louisiana Criminal Code.  You can find the statutes pertaining to illegal possession, manufacturing, and distribution here.

 

SCHEDULE V CONTROLLED DANGEROUS SUBSTANCE — La. R.S. 40:964

 

SCHEDULE V

A.  Narcotic drugs containing nonnarcotic active medicinal ingredients.  Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs or salts thereof, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1)  Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.

(2)  Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams.

(3)  Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams.

(4)  Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulphate per dosage unit.

(5)  Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.

(6)  Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

B.  Narcotic drugs.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts, as set forth below:

(1)  Repealed by Acts 2006, No. 54, §2.

C.  Stimulants.  Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:

(1)  Pyrovalerone

D.  Depressants.  Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:

(1)  Pregbalin

(2)  Lacosamide

E.(1)  Ephedrine, pseudoephedrine, phenylpropanolamine.  Unless listed in another schedule, any material, compound, mixture, or preparation containing any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers.

(2)(a)  Nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine shall not be sold or distributed in a quantity greater than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base to the same purchaser within any thirty-day period.

(b)  Notwithstanding the prescription requirements for Schedule V controlled dangerous substances as provided for in R.S. 40:978(C), nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine may be dispensed without a prescription.

(3)(a)  No person shall purchase, receive, or otherwise acquire more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base within any thirty-day period.

(b)  This limit shall not apply to any quantity of such product, mixture, or preparation dispensed pursuant to a valid prescription written by a licensed health care professional having prescriptive authority.

(4)  Wholesale drug distributors licensed by the Louisiana State Board of Wholesale Drug Distributors and registered with the United States Drug Enforcement Administration shall be exempt from the storage, reporting, record keeping, and physical security requirements for controlled dangerous substances for nonprescription products containing ephedrine, pseudoephedrine, and phenylpropanolamine which are not listed in another schedule.

(5)  Except for sales log requirements and the transmittal of transaction information to the central computer monitoring system authorized by the provisions of Part X-F of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950, pharmacies and pharmacists licensed by the Louisiana Board of Pharmacy and registered with the United States Drug Enforcement Administration shall be exempt from the storage, reporting, record keeping, and physical security requirements for controlled dangerous substances for nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine which are not listed in another schedule.

(6)  The transaction information provided for in R.S. 40:1049.3 for the purchase of a nonprescription product containing ephedrine, pseudoephedrine, or phenylpropanolamine shall constitute an “order from a practitioner” as provided for in R.S. 40:970(C).  Possession of a nonprescription product containing ephedrine, pseudoephedrine, or phenylpropanolamine pursuant to a valid transaction as provided for in R.S. 40:1049.3 shall be a defense for a violation of R.S. 40:970(C).

New Orleans Police Issue Arrest Warrant for Cuba Gooding Jr.

 New Orleans Municipal Court Attorney

 

If you are facing charges in Orleans Parish Municipal Court Contact Attorney Elizabeth B Carpenter for a Consultation  – Even the simplest charges can have serious consequences.

 

New Orleans Police Issue Arrest Warrant for Cuba Gooding Jr.

From the Times Picayune

 

New Orleans police issued an arrest warrant for Cuba Gooding Jr., the Oscar Award-winning actor, after he allegedly pushed a bartender at a French Quarter business early Tuesday morning.

cuba-gooding-june2012.jpg

Police said Gooding, 44, was at a business in the 200 block of Bourbon Street about 3 a.m. when other customers began to ask to take pictures with him. Police did not specify what business Gooding entered.

The bartender told police that Gooding became “aggravated” with the other customers and pushed her away with an open hand when she approached him and asked him to calm down, said New Orleans Police Department spokeswoman Remi Braden.

Another employee called 9-1-1 and then told Gooding that the police were on the way. Gooding then pushed the bartender a second time and left the bar.

Gooding faces a charge of municipal battery, Braden said.

Gooding is in town for the filming of the movie, “The Butler.”

 

 


Simple Battery — La R.S. 14:35

Simple battery is a battery committed without the consent of the victim.

Whoever commits a simple battery shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both.

If the alleged victim sought medical attention, a payment of restitution may be ordered.

 

 

If you have been charged with Simple Battery, contact Elizabeth B. Carpenter, Esq. for a consultation.  Let’s build a strong defense together!

 

Criminal Defense Attorney New Orleans

 

Phenazepam is now listed as a Schedule I in Louisiana — New Orleans Drug Crime Attorney

NEW ORLEANS DRUG CRIME DEFENSE ATTORNEY

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

 

Governor Bobby Jindal has signed Act 346 of the Louisiana 2012 Legislative Session.  This act adds phenazepam to the list of Schedule I controlled dangerous substances.

 

Phenazepam is a benzodiazepine drug, which was developed in the Soviet Union and now produced in Russia and some CIS countries. Phenazepam is used in the treatment of neurological disorders such as epilepsy, alcohol withdrawal syndrome and insomnia. It can be used as a premedication before surgery as it augments the effects of anesthetics and reduces anxiety. Recently, phenazepam has gained popularity as a recreational drug; abuse has been reported in the United Kingdom, Finland, Sweden and the United States.

 

 

Elizabeth B Carpenter Law is one of the premiers law firms for Drug Crime defense.  We have defended almost every type of Drug Crime imaginable in South Louisiana.  When approaching a Drug Case, the first issues we examine are the client’s constitutional rights against unlawful search and seizure:

  • Did the police have the right to pull our client over?,

 

  • Did the police have the right to search our client’s home?,

 

  • Did the police have the right to search out client’s car?

 

Our first goal is to try to exclude / suppress any and all evidence of a drug crime.  If the evidence is suppressed, the state cannot use the evidence to convict our client.  The goal in every drug crime case is to not be convicted.

If you have been arrested for Drug Possession, contact Ms. Carpenter’s office for a consultation.  We want to protect your rights!

 

Unauthorized Removal of a Motor Vehicle — 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 Removal of a Motor Vehicle — 14:68.3

A.  No one, except upon a court order, shall remove a motor vehicle from a garage, repair shop, or vehicle storage facility when there is a charge due such garage, repair shop, or vehicle storage facility for repair work, mechanical service, or storage rendered to such vehicle without paying the charge or making arrangements acceptable to the management of the garage, repair shop, or vehicle storage facility to pay the charge.

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

Criminal Damage to Historic Buildings or Landmarks by Defacing with Graffiti — Louisiana

New Orleans Criminal Defense Attorney

 

Elizabeth B. Carpenter, Esq. – Property Crimes Defense Attorney

 

Contact Elizabeth B. Carpenter Law Firm if you have been accused of  property crime.  We would be happy to consult with you today.

 

Criminal Damage to Property 

 

Criminal Damage to Historic Buildings or Landmarks by Defacing with Graffiti — 14:56.5

 

It shall be unlawful for any person to intentionally deface with graffiti any historic building or landmark, whether publicly or privately owned, without the consent of the owner.

Whoever commits the crime of criminal damage to historic buildings or landmarks by defacing with graffiti shall be fined up to $1,000.00 and may be imprisoned, with or without hard labor, for not more than 2 years.

The court shall also order the offender to perform the following hours of community service as follows:

For a first conviction, not to exceed 32 hours over a period not to exceed 180 days.

For a second or subsequent conviction, 64 hours over a period not to exceed  180 days.

The fine and community service imposed by the provisions of this Section shall not be suspended.

Possession and Distribution Bath Salts — Louisiana Drug Crime

ST. TAMMANY DRUG CRIME DEFENSE ATTORNEY

 

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

 

In early 2011, the Louisiana Legislature passed emergency legislation making the Possession and Sale of “Bath Salts”  illegal under La R.S. 40:966.  These Bath Salts are considered a Schedule I Controlled Dangerous Substance — by definition, this means that the substance has a high potential for abuse and has no currently accepted medical use in the U.S.

 

Illegal “Bath Salts” can be broken down into the following chemicals:

3,4-Methylenedioxymethcathinone (Methylone),

3,4-Methyenedioxypyrovalerone (MDPV),

4-Methylmethcathinone (Mephedrone),

4-methoxymethcathinone,

4-Fluoromethcathinone and

3-Fluoromethcathinone

 

By adding these chemicals to the controlled dangerous substance act as Schedule I drugs, the possession, manufacturing or distribution of these drugs will carry penalties similar to those of heroin, which could mean up to 30 years in prison.

 

“The goal of every drug crime case is to not be convicted”

 

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

 

Elizabeth B Carpenter Law is one of the premiers law firms for Drug Crime defense.  We have defended almost every type of Drug Crime imaginable in South Louisiana.  When approaching a Drug Case, the first issues we examine are the client’s constitutional rights against unlawful search and seizure:

  • Did the police have the right to pull our client over?,

 

  • Did the police have the right to search our client’s home?,

 

  • Did the police have the right to search out client’s car?

 

Our first goal is to try to exclude / suppress any and all evidence of a drug crime.  If the evidence is suppressed, the state cannot use the evidence to convict our client.  The goal in every drug crime case is to not be convicted.

If you have been arrested for Drug Possession, contact our office for a consultation.  We want to protect your rights!

 

Sale, exhibition, or Distribution Harmful Material to Minors — 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.
 

Sale, exhibition, or Distribution Harmful Material to Minors — La RS 14:91.11

 

The unlawful sale, exhibition, rental, leasing, or distribution of material harmful to minors is the intentional sale, allocation, distribution, advertisement, dissemination, exhibition, or display of material harmful to minors, by a person who is not the spouse, parent, or legal guardian of the minor to any unmarried person under the age of 18 years, or the possession of material harmful to minors with the intent to sell, allocate, advertise, disseminate, exhibit, or display such material to any unmarried person under the age of 18 years, by a person who is not the spouse, parent, or legal guardian of the minor at a newsstand or any other commercial establishment which is open to persons under the age of 18 years.

 

“Material harmful to minors” is defined as any paper, magazine, book, newspaper, periodical, pamphlet, composition, publication, photograph, drawing, picture, poster, motion picture film, video tape, video game, figure, phonograph record, album, cassette, compact disc, wire or tape recording, or other similar tangible work or thing which exploits, is devoted to or principally consists of, descriptions or depictions of illicit sex or sexual immorality for commercial gain, and when the trier of fact determines that each of the following applies:

(a)  The material incites or appeals to or is designed to incite or appeal to the prurient, shameful, or morbid interest of minors.

(b)  The material is offensive to the average adult applying contemporary community standards with respect to what is suitable for minors.

(c)  The material taken as a whole lacks serious literary, artistic, political, or scientific value for minors.

 

(1)  It shall be unlawful for a person who is not the spouse, parent, or legal guardian of the minor to invite or permit any unmarried person under the age of 18 years of age to be in any commercial establishment that exhibits or displays any item, material, work or thing of any kind that is described above.

(2)  Lack of knowledge of age shall not constitute a defense, unless the defendant shows that he had reasonable cause to believe that the minor involved was 18 years of age or more and that the minor exhibited to the defendant a selective service card, driver’s license, military identification card, birth certificate or other official or apparently official document purporting to establish that such a minor was 18 years of age or more.

(3)  A commercial establishment shall not be in violation of this Section if the commercial establishment provides for a separate area for the exhibition or display of material harmful to minors and designates said area “NOT FOR MINORS” or similar words and the commercial establishment prohibits persons under the age of eighteen years from seeing or examining the contents of material harmful to minors.

(4)  This section does not preempt, nor shall anything in this section be construed to preempt, the regulation of obscenity by municipalities, parishes and consolidated city-parish governments; however, in order to promote uniform obscenity legislation throughout the state, the regulation of obscenity by municipalities, parishes and consolidated city-parish governments shall not exceed the scope of the regulatory prohibitions contained in the provisions of this section.

(5)  Prior to selling material harmful to minors as provided for by this Section, a commercial establishment shall require the individual purchasing the material harmful to minors to provide a driver’s license, selective service card, military identification card, birth certificate, or other official form of identification which on its face establishes the age of the person as 18 years or older.

 

Penalty

Whoever is found guilty of violating the provisions of this Section shall be fined not less than $100.00 dollars nor more than $2,000 dollars or imprisoned for not more than 1 year, or both.

Sexual Battery of the Infirm — Louisiana

Louisiana Sex Crime Defense Attorney

 

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

 

If you are being accused of a Sex Crime, it is imperative that you have a skilled, aggressive attorney by your side.  Contact Elizabeth B. Carpenter Law  for a consultation.

 

Sexual Battery of the Infirm — La RS 14:93.1

Sexual battery of the infirm is the intentional engaging in any of the sexual acts listed below with another person, who is not the spouse of the offender, when:

(1)  The offender compels the victim, who is physically incapable of preventing the act because of advanced age or physical infirmity, to submit by placing the victim in fear of receiving bodily harm.

(2)  The victim is incapable of resisting or of understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by an intoxicating, narcotic, or anesthetic agent administered by or with the privity of the offender.

(3)  The victim has such incapacity, by reason of a stupor or abnormal condition of mind from any cause, and the offender knew or should have known of the victim’s incapacity.

(4)  The victim is incapable, through unsoundness of mind, whether temporary or permanent, of understanding the nature of the act, and the offender knew or should have known of the victim’s incapacity.

“Sexual acts” mean the following:

(1)  The touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender; or

(2)  The touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim.

 

***  Normal medical treatment and normal sanitary care shall not be construed as an offense under the provisions of this Section.

 

*** Whoever commits the crime of sexual battery of the infirm shall be punished by imprisonment, with or without hard labor, for not more than 10 years.

 

Elizabeth B. Carpenter, Esq. — Sex Offenses New Orleans Defense Attorney

 

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