Schedule II Controlled Dangerous Substance — Louisiana

SCHEDULE II CONTROLLED DANGEROUS SUBSTANCE -- La. R.S. 40:964  The following is a list of Schedule II controlled and dangerous substances as defined in the Louisiana Criminal Code.  You can find the statutes pertaining to illegal possession, manufacturing, and distribution here. A.  Substances of vegetable origin or chemical synthesis.  Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (1)  Opium and opiate, and any salt, compound, isomer, derivative, [...]

Unlawful Presence of a Sexually Violent Predator — Louisiana

  Unlawful Presence of a Sexually Violent Predator Law Unlawful presence of a sexually violent predator is any of the following: The physical presence of a sexually violent predator on the school property of any public or private, elementary or secondary school, or in any motor vehicle or other means of conveyance owned, leased, or contracted by such school to transport students to or from school or a school-related activity when persons under the age of eighteen years are present on the school property or in a school vehicle. The physical residing of a sexually violent predator within one [...]

Organized Retail Theft — Louisiana Law

  Organized Retail Theft The law for Organized Retail Theft can be found at La. R.S. 14:67.25. Organized retail theft is defined as the intentional procuring, receiving, or concealing of stolen retail property with the intent to sell, deliver, or distribute that property. It shall be presumptive evidence that the owner or operator of any retail establishment has violated this Section when: (1)  On more than one occasion within any one-hundred-eighty-day period the offender has intentionally possessed, procured, received, or concealed stolen retail property; and (2)  The stolen retail property was possessed, procured, received, or concealed from or on [...]

Heroin Possession and Distribution — Louisiana

Louisiana Heroin Laws Under the Louisiana Criminal Code, Heroin is classified as a Schedule I controlled dangerous substance. The laws pertaining to possession and distribution are as follows: Possession of Heroin Penalties If a person is found in possession of heroin or a mixture or substance containing a detectable amount of heroin or of its analogues, upon conviction for an amount: (a) An aggregate weight of less than 2 grams, shall be sentenced to a term of imprisonment, with or without hard labor, for not less than 2 years nor more than 4 years. (b) An aggregate weight of 2 grams or [...]

Possession of Schedule I Controlled Dangerous Substance — Louisiana

POSSESSION NARCOTIC DRUGS LISTED IN SCHEDULE I -- LA R.S. 40:966 Possession of a Schedule I Louisiana Law It is unlawful for any person to possess a controlled dangerous substance classified in Schedule I unless such substance was obtained directly by valid prescription or other professional practice authorized by law. This includes counterfeit Schedule I controlled substances. Penalties For Violation: Possession of a drug or substance classified in Schedule I, except for heroin, marijuana/ cannabis or synthetic cannabis, penalties: (a) An aggregate weight of less than 2 grams, shall be imprisoned, with or without hard labor, for not more than 2 years and [...]

Batson v. Kentucky: Facts and Case Summary

  Summary of a Fourteenth Amendment Landmark Case: Batson v. Kentucky 476 U.S. 79 (1986) Facts: When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason). In the case Batson v. Kentucky, Batson, the defendant, was an African American man convicted of burglary and receipt of stolen goods in a Louisville, Kentucky court by a jury composed entirely of white jurors. The key part of his appeal was based on the jury [...]

By |2015-06-12T14:59:07+00:00June 11th, 2015|Categories: Case Law, Jury, U.S. Supreme Court|Tags: , |

Secret Injections and Messy Justice!

  On Tuesday, April 29, 2014 two convicted murderers were set to be given lethal injections for their crimes in Oklahoma. Clayton D. Lockett and Charles F. Warner were to be Oklahoma’s latest executions. As the clock drew down on Mr. Lockett he was supposed to be given his last meal, marched down to the execution chamber, strapped down, injected with a cocktail of lethal drugs and peacefully pass away….or so the authorities thought!   Normally, and in the recent past in the U.S., the practice of injecting a person with a fatal dose of drugs was pretty straight-forward and [...]

Second Degree Cruelty to Juvenile — Louisiana

New Orleans Criminal Defense Attorney   Elizabeth B. Carpenter -- Criminal Attorney Contact    Second Degree Cruelty to Juveniles -- La RS 14:93.2.3 Second Degree Cruelty to juveniles is: A.(1)  Second degree cruelty to juveniles is the intentional or criminally negligent mistreatment or neglect by anyone over the age of 17 to any child under the age of 17 which causes serious bodily injury or neurological impairment to that child. (2)  For purposes of this Section, "serious bodily injury" means bodily injury involving protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, [...]

New Louisiana Bill Aims to Create the Crime of Unlawful Storage of a Firearm

New Orleans Weapons Crimes Attorney   Elizabeth B. Carpenter -- Weapons and Gun Defense Attorney   The Louisiana News Bureau has just announced a proposed bill that aims to create the crime of unlawful storage of a firearm.    This is House Bill 4 by Rep Norton.The proposed law provides that it is unlawful to keep or store a firearm unless it is in a locked container or is equipped with a lock to render the firearm inoperable.   The law proposes the following penalties: First violation of a fine of not more than $300. Second or subsequent violation of a [...]

United States Supreme Court Cases To Follow This Week — Criminal Defense Attorney New Orleans

By: Elizabeth B Carpenter 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.   The following cases are being argued before the U.S. Supreme Court this week:   BAILEY V. UNITED STATES Can police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is [...]

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