Criminal Law General
Most people believe that because you are arrested that you have been charged with a crime. This is incorrect. The arrest is merely the initial stage of the potential prosecution of a crime. However, it is the most important stage for you. Early intervention by a lawyer can assist you with not only protecting your rights but securing witnesses, evidence and dealing with the police and district attorney. You have rights which are protected by the Constitutions of the United States and the state of Louisiana. You should know your rights and protect yourself. You should hire an attorney with experience in criminal law. I am a former city prosecutor and I have handled numerous cases from simple traffic offenses to serious felony offenses. I want to help. Below are a series of frequently asked questions.
A: You should never provide a voluntary statement to the police without consulting an attorney first. You have the right to remain silent and to the services of an attorney throughout the criminal process, even if you cannot afford to hire a lawyer.
A: Most, if not all, charges allow for the setting of a bond to secure your release from jail while you are waiting to determine if the state will charge you with a crime or for your trial on the charges. Remember, judges set bonds based upon the information they have before them at the time. That is why hiring a lawyer to represent you early on in this process is so important.
A: An analysis of the potential crimes arising from a set of facts can be numerous. The early intervention of a lawyer will help narrow the scope of charges and provide you with a voice during the process.
A: The penalties for the violation of Louisiana Criminal Statutes can vary depending on the nature of the offense. Louisiana law allows for ranges of sentence based upon the nature of the crime. Your lawyer will advocate on your behalf to reduce the sentence range depending on the outcome of your defense to the charge.
A: The first thing to do is hire a skilled, knowledgeable attorney that has experience handling criminal cases. Next, allow the lawyer to assist you with securing evidence and witnesses on your behalf and challenge the evidence and witnesses of the state.
A: Alone, your chances of winning are greatly reduced. No one can guarantee results, with the right attorney you will have a fighting chance.
Criminal Law DUI
You should realize that in addition to the criminal charge of DWI/DUI, your driving privileges will also be affected by your arrest. There are certain time limits within which to act to secure temporary driving privileges and to obtain information needed to challenge the suspension of your driving privileges. Do Not Delay-Call a lawyer as soon as possible. Each case is driven by the specific case and no two cases are alike. Therefore, it is important to have legal counsel review the events which took place prior to the arrest, during the arrest, and following the arrest. You should also be aware that this charge is enhanceable meaning that each time you are arrested and convicted of DWI/DUI the penalties become more severe and can reach to the level of a felony offense with mandatory jail time. Do not be victim to the advice of just plead guilty and get it expunged. Your plea today could have serious consequences for you down the road.
Generally, defenses available to a charge of DWI/ DUI include the following: 1. the legality of the incident stop which led to arrest; 2. the legality of the questioning by police officers; 3. the legality of the search; and 4. the legality of the seizure by the police officers Other defenses encompass the legality of the arrest, in particular, the defenses of the Miranda rights, as well as the rights under consent laws and anything relevant to the specific case. Inquires can also be made into the accuracy of the blood test, urine test, or breath test used, as well as the maintenance of the blood test, urine test, or breath test used, and the proper administration of the blood test, urine test, or breath test used.
I am here to help answer your questions and fight for your rights.