Cyberstalking — Louisiana

Louisiana Laws: Cyberstalking -- La R.S. 14:40.3 Cyberstalking is action of any person to accomplish any of the following: * Use in electronic mail or electronic communication of any words or language threatening to inflict bodily harm to any person or to such person's child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.  * Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying, or harassing any person. * Electronically [...]

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 [...]

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 [...]

Illegal Carrying of Weapons Law — Louisiana

Illegally Carrying Weapons New Orleans The crime of illegal carrying of a weapon is a misdemeanor unless the weapon is a firearm that is used to commit a Crime of Violence.  The statute may be found at La. R.S. 14:95.  This crime is defined by any one of the following acts:  (1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person; or (2) The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a dangerous weapon, at any time by [...]

Resisting an Officer — Louisiana

RESISTING AN OFFICER NEW ORLEANS Resisting an officer is the intentional interference with or opposition to an individual acting in his official capacity to make an arrest or seize property or to serve any court order when the offender knows or has reason to know that the person is acting in his official capacity.   The statute is located at La. RS 14:108.  This offense is a misdemeanor. The penalty for this offense is a fine of not more than $500.00 or be imprisoned for not more than 6 months, or both.   Seek Help From An Attorney If [...]

DEA: Definition of Controlled Substance Schedules

Explanation of DEA Controlled Substance Schedules The drugs and other substances that are considered controlled substances under the Controlled Substance Act (CSA) are divided into five schedules. A listing of the substances and their schedules is found in the DEA regulations.  A controlled substance is placed in its respective schedule based on whether it has a currently accepted medical use in treatment in the United States and its relative abuse potential and likelihood of causing dependence. Some examples of controlled substances in each schedule are outlined below. Schedule I Controlled Substances Substances in this schedule have a high potential for [...]

Attempt to Commit a Crime — Louisiana

New Orleans Criminal Defense Attorney   Elizabeth B. Carpenter -- Criminal Defense Attorney for New Orleans Area   Attempt to Commit a Crime -- La RS 14:27   Any person who, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose. Mere preparation to commit a crime shall not be sufficient to constitute an attempt; but lying in [...]

Disarming of a Police Officer — 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.     Disarming of a Police Officer -- La RS 14:34.6 Disarming of a peace officer is committed when an offender, through use of force or threat of force, and without the consent of the peace officer, takes possession of any law enforcement equipment from the person of a peace officer or [...]

Fake Explosive Devices — Louisiana

Criminal Defense Attorney New Orleans   Elizabeth B. Carpenter, Esq. -- Serving clients in Orleans, Jefferson, Terrebonne, Tangipahoa, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.   Fake Explosive Device  La RS 14:54.5 It shall be unlawful for any person to manufacture, possess, have under his control, buy, sell, mail, send to another person, or transport a fake explosive device, if the offender knowingly and intentionally: (1)  Influences the official conduct or action of an official or any personnel of a public safety agency; or (2)  Threatens to use the fake explosive device while committing or attempting [...]

Sexual Battery of the Infirm — Louisiana

Louisiana Sex Crime Defense Attorney   Elizabeth B. Carpenter, Esq. -- New Orleans Criminal Defense   If you are being accused of a Sex Crime, it is imperative that you have a skilled, aggressive attorney by your side.  Contact Elizabeth B. Carpenter Law  for a consultation.   Sexual Battery of the Infirm -- La RS 14:93.1 Sexual battery of the infirm is the intentional engaging in any of the sexual acts listed below with another person, who is not the spouse of the offender, when: (1)  The offender compels the victim, who is physically incapable of preventing the act because of advanced age [...]

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