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 [...]

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 |2013-11-11T06:32:47+00:00November 11th, 2013|Categories: Criminal Procedure, Probation|Tags: |

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 |2013-10-29T20:01:18+00:00October 29th, 2013|Categories: Criminal Procedure, Probation|Tags: |

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 [...]

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 [...]

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 |2013-10-23T07:49:14+00:00October 23rd, 2013|Categories: Criminal Procedure, Criminal Statutes|

Sentencing of Sex Offenders — Louisiana Law

New Orleans Sex Crimes Defense Attorney   Attorney  Elizabeth B. Carpenter -- Representing Sex Offenders in Baton Rouge, Orleans, Jefferson, St. Charles, St. John, St. Tammany, St. Bernard Parishes.     Dedicated to reforming Sex Offender Registration Laws!   SENTENCING OF SEX OFFENDERS -- La.R.S. 15:537   If a person is convicted of or pleads guilty to, or where adjudication has been deferred or withheld for a violation of any of the following:   R.S. 14:78 (incest), R.S. 14:78.1 (aggravated incest), R.S. 14:80 (felony carnal knowledge of a juvenile), R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), [...]

Failure To Register And Notify As A Sex Offender — Louisiana Law

  Sex Crimes Defense Attorney New Orleans   If you have been accused of a Sex Crime, contact our office today to schedule a consultation.  We are dedicated to the defense of those accused of Sex Offenses.  Your freedom is important to us!   Failure to Register and Notify as a Sex Offender -- La.R.S. 15:542.1.4 A person who fails to register, periodically renew and update registration, provide proof of residence or notification of change of address or other registration information, or provide community notification as required by law, and a person who knowingly provides false information to a law enforcement agency when registering, [...]

Installation And Certification Of Ignition Interlock Device — Louisiana

  NEW ORLEANS DWI DEFENSE ATTORNEY   Elizabeth Bagert Carpenter, Esq.  --  Defending DWI Cases In South Louisiana   IGNITION INTERLOCK DEVICE -- INSTALLATION AND CERTIFICATION -- La. R.S. 15:307   As used in R.S. 15:306, "ignition interlock device" means a constant monitoring device that prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol level of the operator through the taking of a breath sample for testing.  The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol level of the operator, as measured by the [...]

DWI Additional Conditions Of Probation — Ignition Interlock Device In Louisiana

  NEW ORLEANS DWI DEFENSE ATTORNEY   Elizabeth Bagert Carpenter, Esq.  --  Defending DWI Cases In South Louisiana   DWI ADDITIONAL CONDITIONS OF PROBATION -- IGNITION INTERLOCK DEVICE  La R.S. 15:306   A.(1)  As an additional condition of probation, the court shall require that any person convicted of a second or subsequent violation of R.S. 14:98 and placed on probation in accordance with that Section shall not operate a motor vehicle during the period of probation unless any vehicle, while being operated by that person, is equipped with a functioning ignition interlock device as provided in R.S. 15:307. (2)  However, [...]