Unlawful Use or Access of Social Media By Sex Offender– Louisiana

Unlawful Use or Access of Social Network by a Sex Offender  The following shall constitute unlawful use of a social networking website:             (1) The intentional use of a social networking website by a person who is required to register as a sex offender and who was 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 convicted of a sex offense as defined in R.S. 15:541 in which the victim of the sex offense was a minor. (2) The provisions of this [...]

Re-Homing of a Child – Louisiana Law

  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 non-relative, without court approval, unless Subsection B of this Section applies. Actions include but are [...]

Crimes Against Nature — Louisiana Law

    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.   [...]

SUMMARY OF THE MULTIPLE OFFENDER LAW — Louisiana

Habitual Offender Law New Orleans 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 [...]

What is Boykinization?

New Orleans Criminal Defense Attorney   Elizabeth B. Carpenter, Esq. -- Criminal Defense Attorney New Orleans 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 [...]

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 [...]

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 [...]

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 Mark, contact 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 [...]

Unauthorized Use of a Movable — Louisiana

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.     Unauthorized Use of a Movable Unauthorized use of a movable is the intentional taking or use of a movable which belongs to another, either without the other's consent, or by means of fraudulent conduct, practices, or representations, but without any intention to deprive the other of the movable permanently.  The [...]

Theft of Motor Vehicle Fuel — Louisiana

  New Orleans Criminal Theft Defense Attorney Elizabeth B. Carpenter, Esq. --  Criminal Attorney New Orleans    If you have been charged with Theft -- you need a good lawyer on your side to fight for your rights!   Theft of Motor Vehicle Fuel -- La RS 14:67.17 No person shall dispense fuel, including gasoline and diesel, into the fuel tank of a motor vehicle at an establishment in which motor gasoline or diesel is offered for retail sale and leave the premises of the establishment unless the payment or authorized charge for the fuel has been made. Whoever violates [...]

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