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Cruelty to Juveniles — Louisiana

New Orleans Criminal Defense Attorney

 

Elizabeth B. Carpenter — Contact 

 

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.

 

Penalties

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 Bill Would Eradicate Mandatory Minimum Sentences For Marijuana Possession In Louisiana

New Orleans Drug Crimes Defense Attorney

 

Elizabeth B. Carpenter Law — New Orleans Marijuana 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:

 

house-bill-103--8c8d7dbeb88fb218

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!

 

 

What is a “technical violation” of probation? — New Orleans Criminal Attorney

New Orleans Probation Attorney

 

Elizabeth B. Carpenter — Probation Violation Defense Attorney

 

A technical probation violation is any violation except the following:

** Being arrested, charged, or convicted of any,

  • Felony
  • 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.

 

 

New Orleans Criminal Defense Lawyer Elizabeth Carpenter Speaks at the NOPA Annual Educational Seminar on Cyber Crimes

New Orleans Cyber Crimes Attorney 

Elizabeth B. Carpenter Law is uniquely qualified to defend clients who have been accused of a Cyber Crimes in New Orleans area. We have represented countless clients in Louisiana Cyber Crimes ranging from Internet Fraud to Child Pornography Offenses.  Our knowledge of the law and experience in Computer Crimes Defense gives us the skill you need to effectively challenge the allegations made against you.

 

New Orleans Criminal Defense Lawyer Elizabeth Carpenter

Speaks at the NOPA Annual Educational Seminar on Cyber Crimes

 

Elizabeth Carpenter, Esq., a New Orleans cyber crime attorney experienced in sex crime defense, spoke at NOPA’s Annual Educational Seminar on October 26, 2012 about digital forensics and defense in cyber crimes cases.

New Orleans, LA (PRWEB) October 31, 2012

New Orleans criminal defense attorney Elizabeth Carpenter spoke last Friday in a session titled Cyber Crimes: Digital Forensics and Defense at the Annual Education Seminar in New Orleans, a continuing education seminar organized by the New Orleans Paralegal Association (NOPA).

 

 

Sex crimes defense requires a very specific defense strategy backed by extensive investigation and trial preparation—something that not all defense attorneys have a background for. NOPA asked Carpenter to speak at their Annual Education Seminar because she has undergone training in Forensics and DNA Evidence at the National Institute of Justice and the DNA Initiative Project, and because she has extensive experience as a New Orleans child pornography defense attorney and cyber crimes attorney.

 

Not all defense attorneys are willing or equipped to defend Internet crimes, explained Carpenter. “To form an Internet crimes defense in New Orleans, your attorney has to be familiar with the technology in question. If you’re arrested or served with a search warrant for child pornography or other cyber crimes, a computer forensic technician will go through the hard drive of your computer and write up a forensic report. If your attorney doesn’t know how to read the more technical parts of those reports, they won’t be able to form a strong defense.”

 

The penalties for cyber crime offenses in Louisiana are severe. The sentencing guidelines for even a first-time offender require a mandatory minimum sentence of 2 years and a possible maximum of 10 years without parole per count, along with a fine of up to $10,000. Furthermore, anyone convicted of a child pornography-related cyber crime must register as a sex offender, a requirement that can lead to loss of employment, estrangement from family, and even difficulty finding housing.

 

“A cyber crime charge is not something that is easy to face,” said Carpenter, “both because of the technical aspects of cases such as these and because of the stigma attached to Internet crimes. It’s important to have someone representing you who is familiar with the procedures involved, and it’s also important to have an attorney who is on your side. My job as a cyber crimes defense attorney isn’t to judge you—it’s to use my experience to protect your rights and preserve your freedom.”

 

 

Contact

Are you under investigation for or have you been charged with a cyber crime in New Orleans? Contact Elizabeth B Carpenter, a New Orleans Cyber Crimes Defense Attorney at our firm for a consultation about your case today! Available 24/7 at 504-599-5955!
Are you facing criminal charges related to internet child porn?

Child pornography is a serious criminal offense that can be charged in either Federal or State court. This sex crime is punishable by prison, fines and sex offender registration. A New Orleans child pornography defense attorney can help you avoid these penalties by offering you legal guidance and representation regarding your charges.

For more information about child pornography defense visit our dedicated web page focused exclusively to child pornography defense.  Available 24/7 at 504-599-5955!

 

Former glam rocker Gary Glitter arrested in child sex abuse scandal

Sex Crimes Defense Attorney Louisiana

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

 

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.

Gary Glitter arrested in child sex abuse scandal.jpg

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.”

 

 

Plea Bargaining in Criminal Cases — New Orleans Criminal Defense Attorney

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.

 

Plea Bargaining in Criminal Cases

 By Elizabeth B Carpenter

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 DefenseDWI DefenseNew 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.

NOPD Announces DWI Checkpoint Tonight

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!

 

 

NOPD Again Declines to Identify

Neighborhood of DWI Checkpoint Set for Tonight

 

 

Sobriety Checkpoint

 

 

(October 26, 2012)- As required by the Louisiana Supreme Court, the New Orleans Police Department is issuing a public advisory regarding a Sobriety Checkpoint.

 

Tonight October 26, 2012, the New Orleans Police Department’s Traffic Section will conduct a Sobriety Checkpoint beginning at approximately 9:00 P.M. and concluding at approximately 5:00 A.M. in Orleans Parish.    Motorists will experience minimal delays and should have proper documentation, i.e., proof of insurance, and a valid driver’s license if requested.

Superintendent of Police Ronal Serpas said, “I would like to remind all drivers to always drink responsibly and use a designated driver if you are going to consume alcohol.”

The New Orleans Police Department, under the leadership of Superintendent Ronal W. Serpas, is engaged in a complete transformation in its approach to ensuring that New Orleans is a safer place to live, work and visit.

 

 

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 defends against DWI chargesdomestic violence chargesDrug Crime, and sex crimes, among others in the New Orleans metro area. Elizabeth B. Carpenter Law 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.

Harahan Seeks Cyber-Crimes Unit to Catch Online Sex Predators — New Orleans Criminal Defense Attorney

Louisiana Sex Crime Computer Crime Defense Attorney

 

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

 

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

 

 

Harahan Seeks Cyber-Crimes Unit to Catch Online Sex Predators

From the Times Picayune

Harahan moved Thursday night to establish its own cyber-crimes unit in the Police Department, hoping to catch online sexual predators who target children in the city of 9,277. The City Council voted 5-0 to request help setting up the unit from the Kenner Police Department, which started one in 2006.

Online solicitation of children in Harahan has not been known to be a problem, but Councilwoman Dana Huete said the potential is real. “With advanced technology now, our kids have iPads and iPhones, and we can’t always police what they’re doing,” said Huete, who sponsored the resolution.

Harahan has no money earmarked for the project, but Huete said it will seek a grant. Police Chief Mac Dickinson likely will assign an officer to work part-time on cyber-crime, she said.

Kenner police have made more than 50 arrests since starting their cyber-crimes unit six years ago, often using an officer posing online as an underaged girl. The suspects have been as near as Kenner and as far away as California and England, said Sgt. Robert McGraw, who staffs the Kenner unit.

“Just remember every time you’re child logs online, there are people all over the world looking to solicit them for sex,” he said.

 

The crime of “computer aided solicitation of a minor” became law in Louisiana on August 15, 2005.

The penalties for violating the computer-aided solicitation statute are severe. For a first offender, the sentencing guidelines require a mandatory minimum sentence of 2 years and a possible maximum of 10 years along with a fine of up to $10,000.  Whoever commits this crime must register as a sex offender.  The statute also specifically denies eligibility for probation, parole, or suspension of sentence.

Whoever is convicted of the crime Computer-aided Solicitation of a Minor shall  Register as a Sex Offender for 25 years, to be conducted semi-annually.

 

 

If you or a loved one has been accused of a Sex Crime, you should contact a New Orleans Sex Crime Defense Attorney as soon as possible.   Elizabeth B. Carpenter Law.   Ms. Carpenter is dedicated to defending and protecting the rights of those accused of Sex Crimes.  We are here to help you, not judge you!

 

 

Possession Or Dealing Firearms With Obliterated Mark — Louisiana

New Orleans Weapons Crimes Defense Attorney

 

If you are being criminally charged with Possession or Dealing Firearms With Obliterated Markcontact Elizabeth B. Carpenter Law for a consultation.  We are ready to defend you and protect your rights!

 

By Elizabeth B Carpenter

 

Possession or Dealing Firearms With Obliterated Mark — 14:95.7

No person shall intentionally receive, possess, carry, conceal, buy, sell, or transport any firearm from which the serial number or mark of identification has been obliterated.

This Section shall not apply to any firearm which is an antique or war relic and is inoperable or for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade, or which was originally manufactured without such a number.

Whoever violates the provisions of this Section shall be fined not more than one thousand dollars and imprisoned as follows:

First Offense — not less than 1 yr no more than 5 yrs.

Second or Subsequent Offenses — not less than 2 no more than 10yrs.

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

Watch Out! — State Police Watching for Obscured License Plates

DWI DUI Attorney New Orleans

 

Elizabeth B. Carpenter, Esq. —  DWI DUI Attorney New Orleans 

 

Serving DWI DUI Clients In Metairie, Kenner, Gretna, New Orleans, LaPlace, Hammond, Mandeville and Covington!

 

 

Louisiana state police and local law enforcement agencies are telling motorists to clean off their dirty license plates. State police say in a news release the motorists caught with their license plates obscured in any way, including by dirt, mud or frames that cover part of the plate, could be ticketed.

louisiana-state-police-horizontal.jpg

Louisiana law requires vehicle license plates be clearly displayed, as well as illuminated at night by license plate lights. Col. Michael Edmonson, state police superintendent, says clean license plates can help citizens more easily report reckless or impaired drivers, as well as vehicles involved in criminal acts.

 

Dust Off Those Plates!  A Dirty Plate Gives An Officer Enough Probably Cause To Pull You Over….

 

 
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 defends against DWI chargesdomestic violence chargesDrug Crime, and sex crimes, among others in the New Orleans metro area. Elizabeth B. Carpenter Law 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.