Criminal Procedure Archives - Elizabeth B. Carpenter Attorney At Law

What to do after a DWI arrest in Louisiana

What to do after a DWI arrest in Louisiana 1. Remember That Drunk Driving Is A Criminal Offense Some people believe that a drunk driving arrest is not really any different than a traffic citation. That is simply not the case. Most traffic offenses are civil infractions, which carry no significant penalty other than a fine and a possible driver's license suspension. A conviction for a drunk driving offense will result in a criminal record, and can potentially result in significant fines and a jail sentence or term of probation. A DWI conviction remains on your driving record for [...]

By Elizabeth B. Carpenter|2020-01-21T00:52:56+00:00January 20th, 2020|Categories: Criminal Procedure, DWI DUI|Tags: DWI DUI, New Orleans Criminal Defense, one best new orleans dwi dui attorneys|

Louisiana Criminal Statutes of Limitations

Louisiana Criminal Procedure: Statute of Limitations Statutes of limitations are designed to prevent dishonest and stale claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time or the defective memory, death, or disappearance of witnesses. These statutes apply to both civil and criminal actions. In Louisiana, we also refer to the Statute of Limitation as "the prescriptive period." A majority of states have a statute of limitations for all crimes except murder. Criminal statutes of limitations apply to different crimes on the basis of their general classification as either [...]

By Elizabeth B. Carpenter|2020-01-16T22:08:55+00:00January 15th, 2020|Categories: Criminal Procedure, Criminal Statutes|Tags: New Orleans Criminal Defense, one of the best criminal defense lawyers in new orleans, Statutes of Limitations|

Frequently Asked Questions About Police Interrogations

Frequently Asked Questions About Police Interrogations Do I have to answer questions if the police stop me while I am walking on the street? The police can stop a person when they have good faith belief that the person was involved in a crime – this is often referred to as a “Terry Stop.” However, under the Fifth Amendment right against self-incrimination, a person does not have to answer any questions. In fact, a person should not answer any questions during a “Terry Stop.” The law only requires a person to give his name, date of birth, address and [...]

By Elizabeth B. Carpenter|2020-01-21T02:10:36+00:00January 14th, 2020|Categories: Criminal Procedure, Law Enforcement / Police, The Constitution, U.S. Supreme Court|Tags: Case Law, Fifth Amendment, Miranda Rights, New Orleans Criminal Defense, one of the best criminal defense lawyers in new orleans, Police Interrogation|

Article 893 / 894 — First Time Offenders and Expungements Louisiana

Louisiana Code of Criminal Procedure Article 893 / 894 If you have been charged with a felony or misdemeanor for the first time in Louisiana, you should ask your attorney to enter any guilty plea under Article 893 or 894 of the Louisiana Code of Criminal Procedure. Article 893 is for felony pleas and 894 is for misdemeanor pleas. The advantage of the 893 / 894 plea is that the conviction may be set aside or dismissed if you follow all the conditions of your sentence. Additionally, you will be granted the opportunity to expunge your record.. Example #1 Client was [...]

By Elizabeth B. Carpenter|2020-01-09T23:27:58+00:00January 7th, 2020|Categories: Criminal Procedure, Criminal Statutes, Expungement, Probation|Tags: Expungement, First Offender, New Orleans Criminal Defense, Sentencing, Suspended Sentence|

Crack Cocaine — Fair Sentencing Act 2010 Amendment

Federal Criminal Defense Attorney What Is the Crack Cocaine Amendment to the Federal Sentencing Guidelines? Historically, federal law treated those convicted of crack cocaine offenses much more harshly than those convicted of offenses involving cocaine. This is despite the fact that chemically the substances are very similar and physiologically they react with the body in the same way. The sentencing disparity between crack cocaine and cocaine offenses was originally 100 to 1. This means that if a conviction for 100 grams of cocaine would result in a 30 year sentence, it would only take 1 [...]

By Elizabeth B. Carpenter|2013-11-18T06:14:31+00:00November 18th, 2013|Categories: Crime Related News, Criminal Procedure|Tags: Drug Crimes Attorney New Orleans, Federal Defense Attorney|

Arrest For Violations Of Probation — Louisiana Law

New Orleans Probation Revocation Attorney If your loved one has been arrested for a Violation of Probation in the New Orleans area, please contact Attorney Elizabeth Carpenter for a consultation. She is ready to fight for you and try to keep your loved one out of jail. Arrest Or Summons For Violation Of Probation -- La CCRP Article 899 At any time during probation and suspension of sentence the court may issue a warrant for the arrest of a defendant for violation of any of the conditions of probation, or may issue a summons to [...]

By Elizabeth B. Carpenter|2013-11-11T06:32:47+00:00November 11th, 2013|Categories: Criminal Procedure, Probation|Tags: New Orleans Probation Attorney|

Probation Attorney — Jefferson Parish

New Orleans Probation Revocation Attorney Attorney Elizabeth B. Carpenter Represents Clients Who Have Been Accused of Violating Probation in Jefferson Parish. Serving Metairie and Gretna! If you or a loved one has been accused of violating the terms of probation, your probation office will probably file a Rule to Revoke Probation. It is important to consult with a Probation Revocation Attorney to act as an advocate between the probation officer and the judge. A rule to revoke probation should not be taken lightly because your freedom is in jeopardy. The judge has the power to sentence you [...]

By Elizabeth B. Carpenter|2013-10-29T20:01:18+00:00October 29th, 2013|Categories: Criminal Procedure, Probation|Tags: New Orleans Probation Attorney|

Use of Controlled Dangerous Substances in the Presence of Person Under Age Seventeen — Louisiana

New Orleans Drug Crimes Defense Attorney Illegal Use of Controlled Dangerous Substances in the Presence of Persons Under Seventeen Years of Age -- La.R.S. 14: 91.13 It shall be unlawful for any person over the age of seventeen, while in the presence of any person under the age of seventeen and when there is an age difference of greater than two years between the two persons, to use, consume, possess, or distribute any controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act. Whoever violates the provisions of this Section shall be fined not [...]

By Elizabeth B. Carpenter|2013-10-25T08:20:07+00:00October 25th, 2013|Categories: Criminal Procedure, Criminal Statutes, Drug Crimes|Tags: Drug crimes Defense Attorney New Orleans|

Proving Issuance Of Worthless Checks — Louisiana Law

How the DA Proves Issuance of Worthless Checks? Dishonored Checks is Prima Facie Evidence of Insufficient Funds in Bank -- La. R.S. 15:428 Whenever any check or draft shall have been drawn on any bank, whether such bank be in or out of this state, and payment shall have been refused, such check or draft with its endorsements shall be prima facie evidence, that at the time of the presentation of said check or draft, the drawer did not have the money in said bank with which to pay said check or draft. Issuing Worthless Checks La.R.S. 14:71 [...]

By Elizabeth B. Carpenter|2019-03-07T14:04:20+00:00October 23rd, 2013|Categories: Criminal Procedure, White Collar Crime|Tags: Issuing Worthless Checks, White collar crime attorney new orleans|

What Is Circumstantial Evidence? — Louisiana Law

CRIMINAL DEFENSE ATTORNEY NEW ORLEANS If you or a loved one has been arrested or indicted, contact New Orleans Attorney Elizabeth B. Carpenter. Our firm is ready to start building your defense. Circumstantial Evidence -- La.R.S. 15:438 The rule as to circumstantial evidence is: assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.

By Elizabeth B. Carpenter|2013-10-23T07:49:14+00:00October 23rd, 2013|Categories: Criminal Procedure, Criminal Statutes|