Posts Tagged ‘One of the best Criminal Defense Attorneys in New Orleans’
Re-Homing of a Child — La. R.S. 14:46.4
This law was enacted during the 2014 legislative session. The statute may be found here.
Re-homing of a child is any one of the following:
(1) A transaction, or any action taken to facilitate such transaction, through electronic means or otherwise by a parent or any individual or entity with custody of a child who intends to avoid or divest himself of permanent parental responsibility by placing the child in the physical custody of a nonrelative, without court approval, unless Subsection B of this Section applies. Actions include but are not limited to transferring, recruiting, harboring, transporting, providing, soliciting, or obtaining a child for such transaction.
(2) The selling, transferring, or arranging for the sale or transfer of a minor child to another person or entity for money or any thing of value or to receive such minor child for such payments or thing of value.
(3) Assisting, aiding, abetting, or conspiring in the commission of any act described in Paragraphs (1) and (2) of this Subsection by any person or entity, regardless of whether money or any thing of value has been promised to or received by the person.
B. Re-homing does not include:
(1) Placement of a child with a relative, stepparent, licensed adoption agency, licensed attorney, or the Department of Children and Family Services.
(2) Placement of a child by a licensed attorney, licensed adoption agency, or the Department of Children and Family Services.
(3) Temporary placement of a child by parents or custodians for designated short-term periods with a specified intent and time period for return of the child, due to a vacation or a school-sponsored function or activity, or the incarceration, military service, medical treatment, or incapacity of a parent.
(4) Placement of a child in another state in accordance with the requirements of the Interstate Compact on the Placement of Children.
(5) Relinquishment of a child pursuant to the safe haven provisions of law.
C. Whoever commits the crime of re-homing of a child shall be fined not more than $5,000.00 dollars and shall be imprisoned at hard labor for not more than 5 years. This is a felony.
CRIMES AGAINST NATURE — 14:89
Crime against nature is the unnatural carnal copulation by a human being with another of the same sex or opposite sex or with an animal, except that anal sexual intercourse between two human beings shall not be deemed as a crime against nature when done under any of the circumstances described in R.S. 14:41, 14:42, 14:42.1 or 14:43. Emission is not necessary; and, when committed by a human being with another, the use of the genital organ of one of the offenders of whatever sex is sufficient to constitute the crime.
Whoever violates the provisions of this Section shall be fined not more than $2,000 dollars, imprisoned, with or without hard labor, for not more than 5 years, or both.
Whoever violates the provisions of this Section with a person under the age of 18 years shall be fined not more than $50,000, imprisoned at hard labor for not less than 15 years nor more than 50 years, or both.
Whoever violates the provisions of this Section with a person under the age of fourteen years shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five years nor more than fifty years, or both.
It shall be an affirmative defense to prosecution for a violation of this Section that, during the time of the alleged commission of the offense, the defendant was a victim of trafficking of children for sexual purposes as provided in R.S. 14:46.3(E).
Habitual Offender Criminal Attorney New Orleans
If you are being charged of a crime as a Habitual Offender, Contact attorney Elizabeth B. Carpenter. Our firm is ready to fight for your freedom.
SUMMARY OF THE MULTIPLE OFFENDER LAW — La R.S. 15:529.1
The District Attorney may charge a person as a multiple or habitual offender after that person has been convicted of more than one felony.
A felony is any crime which is punishable by imprisonment at hard labor. Common felonies include theft and receiving stolen things valued over $300.00, nearly all crimes of violence and drug crimes, burglary, issuing worthless checks over $100.00, and many other crimes.
After the first felony conviction, the penalties for all subsequent felony convictions become much more severe. A prior conviction in any state or country may be considered if the crime would be a felony in committed in Louisiana.
On a second felony conviction (one prior conviction) the minimum penalty is ½ the maximum term of imprisonment applicable to a first offender; the maximum penalty is double the maximum term of imprisonment applicable to a first offender.
On a third felony conviction (two prior convictions) the minimum penalty is 2/3 the maximum applicable to a first offender; the maximum penalty is double the maximum applicable to a first offender. However, if the last and two prior felony convictions were for crimes of violence OR sex crimes against a person under 18 OR drug crimes punishable by ten years or more OR any crimes punishable by twelve years or more, the sentence for the 3rd felony conviction is NATURAL LIFE imprisonment without parole.
On a fourth or subsequent conviction (three prior convictions) the minimum penalty is twenty years at hard labor and the maximum penalty is NATURAL LIFE imprisonment without parole.
No conviction may be considered if the defendant has satisfied the 10 year cleansing period, beginning the date of release from actual custody or supervision by the Department of Corrections for probation, parole, or supervised good time, and ends on the date of the commission of the latest offense.
No sentence imposed under 15:529.1 may be suspended and the defendant may not be placed on probation. Most of these sentences are without reduction for good time.
In calculating whether a person is eligible for sentencing as an habitual offender, the sequence of offenses and convictions must be: commission of offense A, then conviction of offense A, then commission of offense B, then conviction of offense B, then commission of offense C, the conviction of offense C. Convictions on the same day for several district offenses committed in different incidents do NOT count as one conviction. See: State v. Michael Johnson, 2003-2993 (La. 10/19/04), 884 So.2d 568.
Each prior conviction must have been with counsel or an expressed waiver of counsel, and there must have been a complete Boykinization. Prior adjudication as a multiple offender is not required.
Defendants convicted of certain crimes which became felonies due to repeat offender status may not me multiple billed (such as repeat offender theft, possession of marijuana, convicted felon with firearm). However, those convictions may be used as prior (predicate) offenses if subsequently the defendant is convicted of another felony.
NEW ORLEANS SEX CRIMES DEFENSE ATTORNEY
If you or a loved one is facing allegations of a SEX CRIME, you must contact a criminal defense attorney for a consultation. Early intervention by an experienced Sex Offender Defense Attorney can make a tremendous difference in your case. Elizabeth B. Carpenter, Esq. is dedicated to the defense of those accused of Sex Crimes in Louisiana. We are here to defend you, not judge you.
Unlawful Use or Access of Social Media — La RS 14:95.1
A. The following shall constitute unlawful use or access of social media:
The using or accessing of social networking websites, chat rooms, and peer-to-peer networks by a person who is required to register as a sex offender and who was previously convicted of R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S. 14:81.3 (computer-aided solicitation of a minor), or R.S. 14:283 (video voyeurism) or was previously convicted of a sex offense as defined in R.S. 15:541 in which the victim of the sex offense was a minor.
The provisions of this Section shall also apply to any person previously convicted for an offense under the laws of another state, or military, territorial, foreign, tribal, or federal law which is equivalent to the offenses provided for in Paragraph (1) of this Subsection, unless the tribal court or foreign conviction was not obtained with sufficient safeguards for fundamental fairness and due process for the accused as provided by the federal guidelines adopted pursuant to the Adam Walsh Child Protection and Safety Act of 2006.
B. The use or access of social media shall not be considered unlawful for purposes of this Section if the offender has permission to use or access social networking websites, chat rooms, or peer-to-peer networks from his probation or parole officer or the court of original jurisdiction.
C. For purposes of this Section:
“Chat room” means any Internet website through which users have the ability to communicate via text and which allows messages to be visible to all other users or to a designated segment of all other users.
“Minor” means a person under the age of eighteen years.
“Peer-to-peer network” means a connection of computer systems whereby files are shared directly between the systems on a network without the need of a central server.
“Social networking website” means an Internet website that has any of the following capabilities:
Allows users to create web pages or profiles about themselves that are available to the general public or to any other users.
Offers a mechanism for communication among users, such as a forum, chat room, electronic mail, or instant messaging.
Whoever commits the crime of unlawful use or access of social media shall, upon a first conviction, be fined not more than $10,000 and shall be imprisoned with hard labor for not more than 10 years without benefit of parole, probation, or suspension of sentence.
Whoever commits the crime of unlawful use or access of social media, upon a second or subsequent conviction, shall be fined not more than $20,000 and shall be imprisoned with hard labor for not less than 5 years nor more than 20 years without benefit of parole, probation, or suspension of sentence.
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.
New Orleans Criminal Defense Attorney
Cruelty to Juveniles — La RS 14:93
Cruelty to juveniles is:
(1) The intentional or criminally negligent mistreatment or neglect by anyone 17 years of age or older of any child under the age of 17 whereby unjustifiable pain or suffering is caused to said child. Lack of knowledge of the child’s age shall not be a defense; or
(2) The intentional or criminally negligent exposure by anyone 17 years of age or older of any child under the age of 17 to a clandestine laboratory operation as defined by R.S. 40:983 in a situation where it is foreseeable that the child may be physically harmed. Lack of knowledge of the child’s age shall not be a defense.
(3) The intentional or criminally negligent allowing of any child under the age of 17 years by any person over the age of 17 years to be present during the manufacturing, distribution, or purchasing or attempted manufacturing, distribution, or purchasing of a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Law. Lack of knowledge of the child’s age shall not be a defense.
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 criminally negligent mistreatment or neglect of a child. The provisions of this Subsection shall be an affirmative defense to a prosecution under this Section. Nothing herein shall be construed to limit the provisions of R.S. 40:1299.36.1.
The trial judge shall have the authority to issue any necessary orders to protect the safety of the child during the pendency of the criminal action and beyond its conclusion.
Whoever commits the crime of cruelty to juveniles shall be fined not more than $1,000.00 or imprisoned with or without hard labor for not more than 10 years, or both.
Although this offense is a felony, it is expungeable to those who are eligible. This is achieved by entering a plea under Article 893.
New Orleans Drug Crimes Defense Attorney
Serving Orleans, Jefferson, St. Tammany, St. John, Baton Rouge, St. Charles, Plaquemines Parishes.
New Bill Would Eradicate Mandatory Minimum Sentences For
Marijuana Possession In Louisiana
Both the Louisiana House and Senate will reconvene for the 2013 Legislative Session in April 8, 2013. As an attorney, I subscribe to email alerts regarding legislative news. This evening I was thrilled to see a proposed bill that would eradicate mandatory minimum sentences for Marijuana Possession.
This bill is House Bill 103, sponsored by state Rep. Austin Badon, D-New Orleans. The proposed bill will lessen penalties for repeat offenders and not subject offenders to Louisiana’s Habitual Offender Law (RS La 15:529.1). This new law would also apply to synthetic cannabinoids.
I am actually opposed to the legalization of synthetic cannabinoids due to the severe health complications associated with its use. Of course, complete legalization of Marijuana would obliterate the demand for synthetic cannabinoids.
As a final thought, I think that Representative Badon is going to have a battle to fight in Baton Rouge over this new bill. The state and local governments as well as substance abuse clinics love the money that they can extort out of people who are found guilty of Marijuana Possession.
The following is a chart demonstrating the proposed changes to the law:
If you or a loved one has been charged with a Marijuana Offense in New Orleans area. Contact a New Orleans Drug Crime Attorney – Elizabeth B. Carpenter. We offer discounted fee for Marijuana Offenses!
New Orleans Probation Attorney
A technical probation violation is any violation except the following:
** Being arrested, charged, or convicted of any,
- Violation of any provision of Title 40 of the Louisiana Revised Statutes.
- Intentional misdemeanor directly affecting the person.
- At the discretion of the court, any attempt to commit any intentional misdemeanor directly affecting the person.
- At the discretion of the court, any attempt to commit any other misdemeanor.
- Being in possession of a firearm or other prohibited weapon.
- Failing to appear at any court hearing.
- Absconding from the jurisdiction of the court.
- Failing to satisfactorily complete a drug court program if ordered to do so as a special condition of probation.
If you are found in violation, the probation can be revoked and you could then be sentenced to the original jail sentence that was earlier probated. If you have picked up a new charge, or violated your probation terms in some other way, please contact a New Orleans Probation Violations Attorney. We can begin working to clear the warrant, and act as your advocate between probation and the judge to try to save your probation.
Attorney Elizabeth B. Carpenter has defended many Sex Offense cases in southern Louisiana. She is one of the premiere Sex Offender attorneys in the New Orleans area. Elizabeth B. Carpenter, Esq. understands that many people accused of Sex Crimes are not in fact guilty. We are here to defend our clients, not judge them. If you or a loved one has been accused of a Sex Offense, contact Elizabeth B. Carpenter Law for a consultation from an experienced New Orleans criminal defense lawyer. Protecting your freedom is important to us.
Former glam rocker Gary Glitter a.k.a. Paul Gadd arrested in child sex abuse scandal
LONDON — Police investigating child sex abuse allegations against the late BBC television host Jimmy Savile arrested former glam rock star and convicted sex offender Gary Glitter on Sunday, British media reported, raising further questions about whether Savile was at the center of a broader pedophile ring.
Police would not directly identify the suspect arrested Sunday, but media including the BBC and Press Association reported he was the 68-year-old Glitter.
The musician, whose real name is Paul Gadd, made it big with the crowd-pleasing hit “Rock & Roll (Part 2),” a mostly instrumental anthem that has been a staple at American sporting events, thanks to its catchy “hey” chorus. But he fell into disgrace after being convicted on child abuse charges in Vietnam.
Sunday’s arrest was the first in a widening scandal over Savile’s alleged sex crimes. Hundreds of potential victims have come forward since police began the investigation into sex abuse allegations against Savile, a much-loved children’s TV presenter and disc jockey who died at the age of 84 last year.
Most have alleged abuse by Savile, but some said they were abused by Savile and others. Most claimed they were assaulted in their early teens.
The scandal has raised questions about whether the BBC, the publicly funded and trusted broadcaster, had ignored crimes it suspected over several decades. Its executives have apologized and vowed to uncover the true scale of the alleged abuse.
“The BBC’s reputation is on the line,” Chris Patten, the chairman of the BBC Trust, wrote in The Mail on Sunday newspaper. “The BBC risks squandering public trust because one of its stars over three decades was apparently a sexual criminal … and because others — BBC employees and hangers-on — may also have been involved.”
On Sunday, the BBC and Sky News showed footage of Glitter, who wore a hat, a dark coat and sunglasses, being taken from his home by officers and driven away.
Police would not directly identify the suspect, but when asked about Glitter a spokesman said the force arrested a man in his 60s early Sunday morning in London on suspicion of sexual offenses in connection with the Savile probe. He remains in custody in a London police station, police said. British police do not generally identify suspects under arrest by name until they are charged.
Glitter, known for his shiny jumpsuits and bouffant wigs, was jailed in Britain in 1999 for possessing child pornography, and convicted in 2006 in Vietnam of committing “obscene acts with children” — offenses involving girls aged 10 and 11. He was deported back to Britain in 2008.
In 2006, the NFL advised its football teams not to use the Glitter version of “Rock and Roll (Part 2)” at games.
One witness recently told a BBC-TV show that she once saw Glitter having sex with a schoolgirl in Savile’s dressing room at the broadcaster’s TV center in the 1970s. Glitter has denied the allegations.
Police have said that though the majority of cases it is investigating relate to Savile alone, some involve the entertainer and other unidentified suspects. In addition, some potential victims who reported abuse by Savile also told police about separate allegations against unidentified men that did not involve the BBC host.
The scandal has horrified Britain with revelations that Savile, the longtime host of the popular BBC shows “Top of the Pops” and “Jim’ll Fix It,” allegedly cajoled and coerced vulnerable teens into having sex with him in his car, his camper van, and even in dingy dressing rooms on BBC premises.
The BBC has set up an independent inquiry into the corporation’s culture and practices in the years Savile worked there. It also launched a separate inquiry into whether its journalists dropped an investigation into the allegations.
But the scandal continues to put the broadcaster under pressure, and it seems likely that more people — either outside or inside the corporation — could be implicated.
“It could be the beginning of other high-profile arrests,” Roy Greenslade, a journalism professor at London’s City University, said in an interview with The Associated Press on Sunday.
Max Clifford, a prominent public relations guru, claimed that dozens of celebrities from the 1960s and 1970s have approached him to express fear that they could be drawn into to the scandal and criticized for their hedonistic behavior in the past.
Greenslade said that while Glitter’s arrest must be a huge concern to the BBC, it is too early to say that the broadcaster’s reputation is in crisis.
“If any BBC employee is shown to be involved, then there would be a nosedive in public trust,” he said. “But nothing at the moment has been proven.”
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.
Plea Bargaining in Criminal Cases
Although plea bargaining is often criticized, more than 90 percent of criminal convictions come from negotiated pleas. Thus, less than ten percent of criminal cases go to trial. Plea negotiations have become a central part of every criminal case. So, what are the incentives behind plea bargaining? Below is a look from the points of view of different players in the criminal justice system.
Judges and Plea Bargaining
For judges, the key incentive for accepting a plea bargain is to alleviate the need to schedule and hold pre-trial motion hearings and a trial on an already overcrowded docket. Judges usually offer lesser penalties and lower sentences to encourage plea bargains.
Prosecutors and Plea Bargaining
For prosecutors, a lighter caseload is equally attractive. But more importantly, plea bargaining assures a conviction, even if it is for a lesser charge or crime. No matter how strong the evidence may be, no case is a foregone conclusion. Prosecutors often wage long and expensive trials but lose.
Moreover, prosecutors may use plea bargaining to further their case against a co-defendant. They may accept a plea bargain arrangement from one defendant in return for damaging testimony against another. This way, they are assured of at least one conviction (albeit on a lesser charge) plus enhanced chances of winning a conviction against the second defendant.
Defendants and Plea Bargaining
For a defendant in a criminal case, plea bargaining provides the opportunity for a lighter sentence on a less severe charge, and to have fewer (or less serious) offenses listed on a criminal record. If they are represented by private counsel, defendants also save the monetary costs of a lengthy trial by accepting a plea bargain. Lastly, first time offenders are given the opportunity to have their records expunged in exchange for a plea.
Do not accept a plea bargain until you have consulted a skilled lawyer!
If you have been arrested or contacted by law enforcement, contact New Orleans Criminal Defense Attorney Elizabeth B. Carpenter. Ms. Carpenter has the skill and experience you need to effectuate a strong defense.
Elizabeth B. Carpenter Law Firm is a premier litigation law group focusing onNew Orleans Criminal Defense, DWI Defense, New Orleans Cyber Crimes Defense and Personal Injury Law. Each client is offered the individual attention and personal touch of a high end boutique law firm. We are extremely selective in the cases that we accept. Our firm is built on the foundation that every client deserves to be treated with dignity and compassion regardless of the legal issues they are battling.
We have obtained an overwhelming number of dismissals and acquittals in difficult cases involving well respected individuals, especially in cases where allegations are made against teachers, doctors, nurses and financial advisors. The outstanding results we achieve are largely due to the fact that we limit the number of cases we take which allows us to conduct thorough investigations, employ an aggressive pretrial motion practice and use innovative trial preparation tools. Our impressive achievements show why we are a top New Orleans law firm. We work hard to protect the interests of our clients, from the first meeting to the final verdict.