New Orleans Criminal Defense Blog

FAQs About DWI First Offense in Louisiana

lancerobinson@bellsouth.net (Lance Robinson) — Fri, 29 Nov 2024 21:57:32 GMT

Driving while intoxicated (DWI) or driving under the influence (DUI) is a serious offense in Louisiana, with far-reaching legal and financial implications for those convicted. According to data from the LSU Center for Analytics & Research in Transportation Safety , 31% of motor vehicle crashes in Louisiana in 2022 were alcohol-related, and there were 261 fatalities caused by alcohol-impaired driving. For many of these drivers, it was their first offense DWI.

Understanding Louisiana's DWI laws and the potential ramifications of a conviction is important for anyone facing these charges. In this article, we'll answer frequently asked questions about DWI first offenses in Louisiana, covering everything from legal definitions and penalties to your rights and what to expect during the DWI process. Whether you're a Louisiana resident or visitor, it's essential to know how a DWI first offense can impact your life and what steps you can take to protect your future.

Understanding DWI in Louisiana: What Constitutes a DWI First Offense?

In Louisiana, a person can be charged with DWI if they operate a motor vehicle while under the influence of alcohol or drugs to the extent that it impairs their ability to drive safely. The legal limit for blood alcohol concentration (BAC) is 0.08% for drivers 21 and older, 0.02% for drivers under 21, and 0.04% for commercial drivers. However, even if your blood alcohol concentration BAC is below the legal limit, you can still be charged with drunk driving if there is evidence that your driving was impaired.

A first time DUI offense is typically classified as a misdemeanor and can result in penalties such as fines, jail time, and license suspension. It's important to note that Louisiana has an implied consent law , which means that by driving on the state's roads, you have implicitly agreed to submit to chemical testing if suspected of DWI. Refusal to take a chemical test can result in a one-year driver's license suspension for a first offense DUI, in addition to any other DWI penalties imposed if convicted.

Police officers typically determine impairment through field sobriety tests, such as the walk-and-turn or one-leg stand tests, and chemical testing of breath, blood, or urine to measure blood alcohol content. If your blood alcohol concentration exceeds the legal limit or you show signs of impairment, you can be arrested for a DWI first offense in Louisiana.

DWI Laws in Louisiana

Overview of Louisiana DWI Laws

Louisiana DWI laws are governed by Louisiana Revised Statute 14:98 , which defines DWI as operating a vehicle while under the influence of alcohol, drugs, or any substance that impairs the ability to operate a vehicle safely. The statute outlines the legal thresholds for impairment and the penalties for violating these laws.

Penalties can range from fines and license suspension to jail time, depending on the severity of the offense and any prior convictions. Understanding these laws is crucial for anyone facing a DWI charge, as the consequences can be life-altering.

Child Endangerment Law

In Louisiana, child endangerment is a serious offense that can result in enhanced penalties for DWI. If a minor is present in the vehicle at the time of the offense, the driver may face additional charges and penalties, including longer jail sentences and higher fines. This is because the state recognizes the heightened risk and potential harm to children when an impaired driver is behind the wheel.

Under Louisiana's child endangerment law , having a child passenger during a DWI offense can lead to severe legal repercussions, emphasizing the importance of responsible driving.

Blood Alcohol Concentration Limit

In Louisiana, the blood alcohol concentration (BAC) limit is 0.08% for drivers aged 21 and over. For commercial drivers, the BAC limit is 0.04%, and for drivers under the age of 21, the BAC limit is 0.02%. These limits are strictly enforced to prevent impaired driving and ensure road safety. If a driver's BAC is above the legal limit, they may be charged with DWI and face penalties, including fines, license suspension, and jail time.

It's important to note that even if your BAC is below these limits, you can still be charged with DWI if your driving is impaired. Understanding these limits and the associated penalties is essential for all drivers in Louisiana.

What Are the Immediate Consequences of a DWI Arrest?

If you're arrested for a DWI first offense in Louisiana, the immediate consequences can be severe. You'll be taken to jail for booking, and your vehicle may be impounded. Upon arrest, your driver's license will be suspended for 90 days. Louisiana DUI laws dictate these immediate consequences, including booking, vehicle impoundment, and license suspension.

To secure your release from jail, you may need to post bail. After your DWI arrest, a series of legal proceedings will follow. You'll be given a date for an arraignment where you'll enter a plea of guilty, not guilty, or no contest to the DUI charges. If you plead not guilty, your Louisiana DWI case will proceed to trial.

Throughout this DWI process, it's vital to have an experienced DWI lawyer by your side to protect your rights and help you navigate the complex legal system. If you're facing a DWI charge in New Orleans, contact DWI Attorney Lance Robinson for help.

What Penalties Can I Face for a First Offense DWI?

The Louisiana DWI law outlines the penalties for a first offense, including fines, jail time, and license suspension. The penalties for a DWI first offense in Louisiana can be severe and long-lasting. Let's break them down into criminal penalties, administrative penalties, and additional requirements.

Criminal Penalties

If convicted of a first offense DWI, you could face:

Up to 6 months in jail (with a mandatory minimum of 2 days for a BAC of 0.20% or higher)
A fine of $300 to $1,000 (plus court costs)
Up to 2 years of probation
32 hours of court-approved community service

These criminal penalties can have a significant impact on your life, leading to lost income, strained relationships, and a permanent criminal record.

Administrative Penalties

In addition to criminal penalties, you'll face administrative consequences through the Louisiana Department of Motor Vehicles (DMV) :

Driver's license suspension of 90 days (1 year for BAC of 0.20% or higher)
Temporary driving privileges may be granted for work, school, or substance abuse treatment
Ignition interlock device installation for 12 months for BAC of 0.20% or higher

An ignition interlock device is a breathalyzer connected to your vehicle's ignition system. It requires you to provide a clean breath sample before the car will start, ensuring that you're not driving under the influence. Installation and maintenance of an ignition interlock device can be costly and inconvenient.

If you have a commercial driver's license (CDL), a DWI conviction will disqualify you from operating a commercial motor vehicle for one year. A second offense will result in a lifetime CDL disqualification, effectively ending your career as a commercial driver.

Additional Requirements

Depending on the circumstances of your case, you may be required to:

Complete a court-approved substance abuse program
Attend a driver improvement program
Install an ignition interlock device on your vehicle
File an SR-22 proof of financial responsibility form with the DMV

A DUI conviction can also lead to significant insurance premium increases. Some companies may even cancel your policy altogether, making it difficult and expensive to obtain coverage in the future. Your credit score may also take a hit, as some lenders view a DWI conviction as a sign of irresponsibility.

How Does a First Offense Compare to Subsequent Offenses?

Louisiana has a lookback period of 10 years for DWI offenses, meaning that any prior conviction within the past decade will count as a previous offense when determining sentencing for a current DWI charge. This is important to understand, as the penalties for subsequent offenses are much harsher than those for a first offense DWI.

A Louisiana DWI offense carries escalating penalties for multiple convictions, including longer jail sentences and higher fines. Compared to a first offense, the penalties for subsequent DWIs in Louisiana are much more severe:

Second offense DWI : 30 days to 6 months in jail, $750 to $1,000 fine, 1-year license suspension, 240 hours of community service, and 3-year ignition interlock requirement
Third offense DWI : 1 to 5 years in prison, $2,000 fine, 1-year license suspension, 6-month home incarceration, and 3-year ignition interlock requirement
Fourth or subsequent offense : Felony charge with 10 to 30 years in prison, $5,000 fine, and offender's vehicle seizure

As you can see, the consequences of multiple DWI convictions in Louisiana can be life-altering, with lengthy jail sentences, steep fines, and long-term license suspensions. It's crucial to take steps to avoid subsequent offenses and seek the help of an experienced DWI attorney if facing these charges.

What Are the Aggravating Factors?

Louisiana law outlines specific aggravating factors that can enhance the penalties for a DWI first offense, such as high BAC, causing injury, or having a child passenger. Certain aggravating factors can enhance the penalties for a DWI first offense in Louisiana:

BAC of 0.15% or higher
Causing bodily injury or death
Having a child passenger under 12 (considered child endangerment violations under Louisiana's child endangerment law and child endangerment statute)
Speeding or reckless driving
Refusing a chemical test
Having an open container in the offender's vehicle

The presence of these factors can lead to increased fines, longer jail sentences, and additional charges like vehicular homicide or negligent injury. For example, if you're convicted of DWI with a child passenger, you could face up to 6 months in jail, a $1,000 fine, and a 1-year license suspension in addition to the standard DWI penalties.

How Long Will a DWI First Offense Stay on My Record?

In Louisiana, a DWI conviction will remain on your criminal record permanently unless you obtain an expungement . To be eligible for a Louisiana DWI expungement, you must meet certain criteria:

10 years have passed since the completion of your sentence
You have no other pending charges
You have no felony offenses convictions

Even if expunged, a previous DWI conviction can still be used to enhance penalties for any subsequent DWI offenses. Additionally, an expunged DWI may still be visible to law enforcement and may need to be disclosed on certain job applications, housing applications, and professional licensing forms.

Potential employers, landlords, and others who access criminal records may still be able to see a DWI conviction, even if it has been expunged.

What Are My Legal Rights if Arrested for DWI?

If you're facing a DWI first offense charge in Louisiana, it's essential to understand your legal rights:

You have the right to refuse field sobriety tests (but not chemical testing under Louisiana's implied consent laws)
You have the right to an independent chemical test administered by a healthcare professional of your choice
You have the right to legal representation from a DWI defense attorney or DWI lawyer
You have the right to challenge the suspension of your driving privileges through an administrative license hearing process
You have the right to a jury trial if facing felony offenses DWI charges
You have the right to confront witnesses and evidence against you
You have the right against self-incrimination

It's important to exercise these rights and seek the advice of a skilled DWI attorney who can protect your interests throughout the legal process. An experienced DWI lawyer can help you understand the Louisiana DWI laws that apply to your case, build a strong defense strategy, and fight to minimize the consequences of a DWI conviction.

Common DWI Defense Strategies

An experienced DWI lawyer can employ various defense strategies to fight your charges or minimize the consequences:

Challenging the legality of the initial traffic stop
Questioning the accuracy of field sobriety tests or chemical testing procedures
Arguing that your BAC was rising and was below the legal limit while driving
Exposing errors in the police report or other documentation
Negotiating for reduced charges or alternative sentencing (e.g., diversion programs)
Seeking suppression of evidence obtained through illegal searches or seizures

Your DWI attorney will review the unique circumstances of your Louisiana DWI case to determine the most effective defense strategy. In some cases, it may be possible to prove DWI allegations, while in others, negotiating a plea deal or seeking alternative sentencing may be the best course of action.

What Are the Financial Implications of a DWI?

Beyond fines and legal fees, a DWI first offense conviction can have far-reaching financial consequences:

Increased insurance premiums (often thousands of dollars per year)
Installation and maintenance costs for ignition interlock devices
Lost income due to jail time or license suspension
Fees for substance abuse treatment, driver improvement programs, and license reinstatement
Long-term impact on earning potential due to a criminal record

A single DWI conviction can easily cost upwards of $10,000 when accounting for all direct and indirect expenses. In some cases, a DUI can ruin your financial stability and may even negatively impact your credit score, making it difficult to secure loans or housing in the future.

How Can I Protect My Rights?

If you're arrested for a DWI first offense in Louisiana, the following steps can help protect your rights:

Remain calm and respectful, but exercise your right to remain silent.
Contact an experienced DWI lawyer immediately.
Request an independent chemical test if you suspect inaccuracies in the police-administered test.
Gather all relevant documentation, including the police report, bail papers, and court summons.
Attend all required court appearances and DMV license hearings.
Avoid discussing your case with anyone except your DWI attorney.
Follow your DWI defense attorney's advice and recommendations throughout the DWI process.

Common Mistakes to Avoid

Admitting guilt or apologizing to the police officer
Attempting to represent yourself in court
Missing court dates or deadlines
Violating the terms of your probation or driving privileges restrictions
Posting about your case on social media

What to Expect During the DWI Legal Process

The timeline for a DWI first offense case in Louisiana can vary depending on the complexity of the case and the court's caseload. However, here's a general overview of what you can expect:

Arraignment (2-4 weeks after DWI arrest): You'll enter a plea of guilty, not guilty, or no contest to the DUI charge.
Pre-trial hearings (2-6 months after arraignment): Your DWI lawyer will negotiate with prosecutors, file motions, and gather evidence.
Trial (6-12 months after DWI arrest): If a plea deal isn't reached, your Louisiana DWI case will proceed to trial before a judge or jury.
Sentencing (1-4 weeks after trial or plea): If convicted, the judge will impose penalties based on the circumstances of your case, which may include jail time, fines, license suspension, ignition interlock device installation, and substance abuse programs.

Throughout this DWI process, your DWI defense attorney will advise you on the best course of action, whether that's accepting a plea bargain, filing motions to suppress evidence, or proceeding to trial. In some cases, first-time offenders may be eligible for diversion programs that allow them to avoid a conviction if they complete certain requirements, such as substance abuse treatment or community service, within up to a year.

Conclusion

Facing a DWI first offense in Louisiana can be a daunting experience with potentially severe consequences. Understanding your rights, the legal process, and the potential penalties is vital for navigating this challenging situation. By working with an experienced DWI attorney like Lance J. Robinson and following the proper steps, you can protect your rights and work towards the best possible outcome for your case.

Remember, the decisions you make during this time can have long-lasting effects on your future, so it's important to approach the situation with caution and seek professional legal guidance. If you or a loved one is facing a DWI charge in the New Orleans area, contact DWI Attorney Lance Robinson for help.

What To Do If You Get Pulled Over for DUI

lancerobinson@bellsouth.net (Lance Robinson) — Mon, 28 Oct 2024 18:43:47 GMT

Getting pulled over for DUI (driving under the influence) can be a nerve-wracking experience. Whether you’ve had a drink or two or you’re completely sober, knowing how to handle this situation and understanding the procedures involved in a DUI stop is important. Your actions during a DUI stop can significantly impact the legal outcome, so it’s important to understand your rights and responsibilities.

This article will guide you through what to do if you get pulled over for DUI.

Understanding Your Rights During a DUI Stop

When you're pulled over for suspicion of drunk driving, it's important to know that you do have some rights. The U.S. Constitution provides certain protections that apply even during a DUI stop.

Basic Constitutional Rights

You have the right to remain silent. This means you don’t have to answer questions about your drinking or driving habits. Remember, anything you say can be used against you in court.

You also have the right to refuse field sobriety tests (FSTs) and preliminary alcohol screening (PAS) tests. These tests are voluntary, and you can politely decline to participate without legal penalty.

Recording Rights and Limitations

In Louisiana and in many other states, you have the right to record your interaction with the police officer. However, it's important to do so safely and without interfering with the officer's duties. Inform the officer that you're recording, and keep your hands visible at all times.

Search and Seizure Rights

The Fourth Amendment protects you from unreasonable searches and seizures. This means the officer needs probable cause or your consent to search your vehicle. If asked for permission to search, you can politely decline.

Right to Legal Representation

You have the right to request a lawyer and have them present during questioning. It’s often wise to exercise this right, especially if you’re unsure about how to proceed.

Interacting with the Police Officer

How you interact with the police officer can significantly impact the outcome of your DUI stop. Here are some tips:

Be respectful and courteous, but avoid being overly friendly.
Do not become argumentative or aggressive.
Keep your hands visible at all times.
Don’t reach for anything in your car without the officer’s permission and avoid making any sudden movements.
Hand over your driver's license, proof of insurance, and vehicle registration when asked by the officer.
Avoid answering questions about drinking or driving. Instead, politely state that you’d like to speak with a lawyer.
Don’t attempt to leave the scene or drive away.

Remember, the officer is observing your behavior, speech, and appearance for signs of intoxication. Staying calm and composed can work in your favor.

Field Sobriety Tests, Breathalyzer Tests, and Your Rights

Field sobriety tests (FSTs) and preliminary alcohol screening (PAS) tests (aka Breathalyzer tests) are commonly used during DUI stops. However, you should be aware that these tests are voluntary. In other words, you can refuse to perform them.

Field Sobriety Tests (FSTs)

Field Sobriety Tests typically include:

Walk-and-turn test
One-leg stand
Horizontal gaze nystagmus (such as following the officer's pen with your eyes)
Other coordination tests

While officers may ask you to perform field sobriety tests, these tests are designed to detect impairment but are not always accurate. Factors like physical conditions, nervousness, or even the road surface can affect your performance.

You have the right to refuse these tests, although your refusal can be mentioned in court and used against you.

Preliminary Alcohol Screening aka the Breathalyzer Test

The Preliminary Alcohol Screening (PAS) test, often called a roadside breathalyzer, is also voluntary. This handheld device is used to estimate your blood alcohol content (BAC) . Like FSTs, you can refuse this test without automatic penalties, but your refusal can be mentioned in court and used against you.

Refusing FSTs or the PAS test may or may not lead to your arrest, but it can also limit the evidence the prosecution has against you. It's a strategic decision to weigh with the potential consequences.

Consequences of Refusing the Tests

You should understand that refusing these roadside tests doesn't mean that the police have to let you go free. If you refuse field sobriety tests or the preliminary breath test:

Officers can still arrest you based on other signs of impairment
Your refusal can be used against you in court
Prosecutors may argue your refusal shows "consciousness of guilt"
Officers may seek a warrant for blood testing
Refusal may strengthen the officer's suspicion and determination to gather other evidence

Can You Be Arrested for Refusing to Perform Field Sobriety Tests or Take a Breathalyzer?

No, you cannot be arrested simply for refusing to perform field sobriety tests or take a breathalyzer test. However, officers need only probable cause, not definitive proof, to initiate DUI arrests. Refusing tests doesn’t eliminate other evidence of impairment that can justify an arrest, such as driving behavior, physical signs, or the officer’s observations.

So, while refusing the tests will not automatically result in your arrest, you can still be arrested if the officer has other reasons to suspect you're driving under the influence.

Tests That Cannot Be Legally Refused

If you're arrested under the suspicion of DUI, you will be required to submit to a chemical test under your state's Implied Consent Law . This can be:

Breath test at the station (Intoxilyzer 9000)
Blood test at a medical facility
Urine test (in certain cases)

These tests are typically conducted at the police station.

Consequences for Refusing a Chemical Test After Your Arrest

First Refusal (in Louisiana): 1-year license suspension, no hardship license for 90 days
Second Refusal (in Lousiana): 2-year license suspension, no hardship license available
Possible criminal penalties in some states
Your refusal being used as evidence in court
Possible forced blood draw if officers obtain a warrant
Additional criminal charges in some jurisdictions
Enhanced penalties if ultimately convicted of DUI

It's important to note that you don't have the right to consult an attorney before deciding whether to take the chemical test. You must decide quickly, and your refusal can be used against you at trial.

DUI Traffic Stops vs. DUI Checkpoints

When it comes to DUI stops and the law, there are differences between regular traffic stops and DUI checkpoints.

Regular Traffic Stops

Police must have "reasonable suspicion" to make a traffic stop. This could be:

An observable traffic violation
Erratic driving behavior
A vehicle defect (like a broken tail light)
A credible tip from a witness

Officers cannot stop vehicles randomly or based on hunches. They must be able to articulate specific reasons for the DUI stop.

DUI/DWI Checkpoints

Checkpoints are the only legal way police can stop vehicles without individual suspicion. The Supreme Court has ruled checkpoints constitutional if they meet specific requirements:

Must be publicly announced in advance
Must stop all vehicles or follow a neutral pattern (such as every third vehicle)
Cannot single out specific types of vehicles or drivers
Must be clearly marked as a police checkpoint
Must minimize delay to drivers (typically 3 minutes or less)
Must be staffed by certified law enforcement
Must serve a public safety purpose

Louisiana has additional requirements for checkpoints, including supervisory oversight, written guidelines, and proper documentation of all stops.

DUI Investigations and Evidence

During a DUI investigation, officers gather various types of evidence:

Field sobriety test results
Preliminary alcohol screening results
Officer observations (slurred speech, bloodshot eyes, etc.)
Video and audio recordings
Chemical test results (breath, blood, or urine)

All of this evidence can be used against you in court. However, an experienced DUI attorney can help challenge this evidence and build a strong defense strategy. The DUI police report is crucial in documenting the officer's observations and actions, providing a detailed narrative that can be analyzed to identify strengths and weaknesses in the case.

What to Do If You're Arrested for DUI

If you find yourself arrested for DUI or DWI:

Remain calm and cooperate with the officer.
Ask to speak with a DUI/DWI attorney as soon as possible.
Understand that you will be required to take a chemical test.
Request a copy of the police report and any evidence against you.

Remember, your actions and words during and after the arrest can significantly impact your case.

Seeking DUI Legal Help and Representation

If you’re arrested for DUI, it’s very important to seek the help of an experienced DUI defense attorney as soon as possible. A skilled attorney can:

Help you navigate the legal process
Challenge the evidence against you
Build a strong defense strategy
Negotiate a plea deal if necessary
Represent you in court

A DUI attorney’s expertise can often make the difference between a conviction and a dismissal or reduced charge. If you are on probation for a prior DUI, you may face additional legal challenges and obligations, such as mandatory sobriety tests, which makes obtaining expert legal help from a DWI attorney even more critical.

Your Rights and Options if the DUI Stop Was Unjustified

If you believe the police officer stopped you without cause or abused their authority during the traffic stop, you should:

Document everything while it's fresh in your mind, including officer names and badge numbers, patrol car numbers, time, location, and weather conditions.
Preserve all evidence, including field sobriety test results, breathalyzer receipts, and any related paperwork.
Consider filing a complaint with internal affairs or a civilian review board.
Explore legal options with an attorney, understanding the grounds for legal action and evidence requirements.

Filing Complaints About Unjustified DUI Stops

If you believe you've experienced an unjustified DUI stop in New Orleans, you can file complaints about officer conduct through two main avenues:

Internal Affairs Division

The Internal Affairs Division (IAD) of the Public Integrity Bureau investigates allegations of police misconduct. For DUI stops, this might include:

Stops made without reasonable suspicion
Inappropriate officer conduct during the stop
Violation of departmental procedures
Discrimination or bias in enforcement

To file a complaint with Internal Affairs in New Orleans, you can visit the Public Integrity Bureau office in person, call their hotline at (504) 658-6800, submit a complaint through the NOPD website, or mail a written complaint to their office.

Office of the Independent Police Monitor

The New Orleans Office of the Independent Police Monitor serves as an independent, civilian oversight agency. This office:

Reviews complaints against police officers
Monitors internal investigations
Makes recommendations for policy changes
Provides public reports on police conduct

The Independent Police Monitor can help ensure your complaint receives proper attention and investigation.

Important Documentation for Complaints

When filing a complaint about an unjustified DUI stop, include:

Date, time, and location of the incident
Officer's name and badge number (if known)
Patrol car number
Any witnesses' contact information
Copies of related documents (tickets, citations, etc.)
Photos or videos if available

Protecting Your Rights While Ensuring Public Safety

Navigating a DUI stop requires balancing your rights with your responsibilities:

Know Your Rights

You have the right to remain silent
You have the right to refuse certain roadside tests
You have the right to record the encounter
You have the right to legal representation

Understand Your Responsibilities

You should cooperate with lawful orders
You should provide basic documentation when asked
You should speak and act respectfully during stops
If arrested, you will need to submit to chemical testing

Remember the Three C's

If stopped, remember the three C's:

Stay Calm.
Be Courteous.
Be Careful with your words and actions.

Conclusion

Being pulled over for a DUI can be a stressful experience, but knowing your rights and how to handle the situation can make a significant difference in the outcome. Remember, your actions during the stop and immediately after can have a substantial impact on your case.

If you or a loved one needs help defending a charge related to a DUI or DWI in New Orleans, contact experienced DWI attorney Lance J. Robinson . With the right legal representation, you can protect your rights and work towards the best possible outcome for your case.

Vehicular Homicide in Louisiana: Laws, Penalties, and Defense

lancerobinson@bellsouth.net (Lance Robinson) — Wed, 25 Sep 2024 17:01:12 GMT

Vehicular homicide is a serious offense in Louisiana that can have life-altering consequences. Whether you're a resident or visitor in the New Orleans area, understanding the laws, penalties, and potential defenses related to vehicular homicide is important.

This comprehensive article will walk you through everything you need to know about this grave charge in Louisiana.

Understanding Vehicular Homicide in Louisiana

Vehicular homicide in Louisiana is more than just a tragic accident - it’s a criminal offense that carries severe penalties. But what exactly constitutes vehicular homicide under Louisiana law? A person can be charged with this crime if they are engaged in the operation of or have actual physical control of a vehicle, regardless of their intent to harm, provided certain conditions, such as intoxication, are met.

Definition and Key Elements

Under Louisiana law , vehicular homicide is defined as the killing of a human being caused directly or proximately by an offender engaged in the operation of a motor vehicle, aircraft, watercraft, or other means of conveyance . However, not every fatal accident qualifies as vehicular homicide. The key factor that elevates a tragic accident to a criminal offense is the state of the operator at the time of the incident .

The offense is committed when the operator is:

Under the influence of alcoholic beverages
Has an offender's blood alcohol concentration of 0.08% or more
Under the influence of a controlled dangerous substance

Additionally, the operator can be charged if they are under the influence of any controlled dangerous substance listed in the state's legal schedules.

Let’s break these down further:

Alcohol-Related Vehicular Homicide and Operator's Blood Alcohol Concentration

For a vehicular homicide charge related to alcohol, the operator’s blood alcohol concentration must be 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood. Chemical tests administered are used to determine the operator's BAC. This is the legal limit in Louisiana , as it is in most states across the U.S.

The law also applies to cases where the operator knowingly consuming quantities of alcohol that would predictably lead to this level of intoxication, even if their BAC wasn't directly measured at the time of the incident.

Drug-Related Vehicular Homicide Involving Controlled Dangerous Substance

The offense can also be committed if the operator is under the influence of a combination of alcohol and one or more drugs, or if they are under the influence of one or more drugs that are not controlled dangerous substances. Being under the influence of any controlled dangerous substance listed in schedule I, II, III can result in severe legal consequences, including charges of vehicular homicide, if it contributes to causing harm or death while operating a vehicle.

This means that even if you’re taking legally prescribed medications, you could potentially be charged with vehicular homicide if those medications impaired your ability to drive safely. Legal statutes detail that impairment from such controlled dangerous substance, regardless of prescription status, can lead to severe legal consequences for offenses related to vehicular homicide.

Real-World Example

To illustrate how this might play out in real life, consider this scenario:

Brian, a 35-year-old New Orleans resident, goes out for drinks with friends after work. He has four beers over the course of two hours, then decides to drive home because he "feels fine". On his way, he runs a red light and collides with another car, killing the driver. When police arrive on the scene, Brian’s blood alcohol concentration is tested and found to be 0.09%. In this case, Brian could be charged with vehicular homicide due to his BAC being over the legal limit at the time of the fatal accident.

This example underscores the grave consequences that can result from the decision to drive while impaired, even if the impairment seems minor to the driver.

Penalties and Consequences for Vehicular Homicide

The penalties for vehicular homicide in Louisiana are severe and can have long-lasting impacts on an offender’s life. Causing great bodily harm while operating a vehicle under the influence can lead to serious legal charges, emphasizing the severity of the offense even without the intent to kill. Let’s examine the potential consequences in detail.

Fines and Imprisonment

If convicted of vehicular homicide, an offender faces:

A fine ranging from $2,000 to $15,000
Imprisonment for no less than five years and no more than thirty years

It's important to note that the first three years of the sentence must be served without the benefit of probation, parole, or suspension of sentence. This means that regardless of the total sentence length, the offender will spend at least three years behind bars.

However, there are circumstances where this minimum can be increased:

If the offender's BAC was 0.15% or higher, the first five years must be served without benefits.
If the offender has been previously convicted of certain offenses (like DUI/DWI , vehicular homicide, or vehicular negligent injuring ), the first five years must be served without benefits.

License Suspension

In addition to fines and imprisonment, a vehicular homicide conviction also results in license suspension:

The offender's license will be suspended for one year without the benefit of a hardship license.
Following their release from prison, the offender's license will be suspended for an additional two years.

This extended period without driving privileges can significantly impact an offender's ability to work and carry out daily activities post-release.

Long-Term Consequences

Beyond the immediate legal penalties, a vehicular homicide conviction can have far-reaching effects on an offender's life:

Difficulty finding employment, especially in jobs that require driving
Challenges in securing housing
Strained personal relationships
Emotional and psychological trauma from the incident
Potential civil lawsuits from the victim's family

These long-term consequences underscore the gravity of vehicular homicide charges and the importance of understanding the law.

Defense Strategies and Considerations

Vehicular homicide charges in Louisiana involve a complex legal process. Those facing such charges are entitled to legal representation and a fair trial under the law. The judicial system ensures that all aspects of the case are thoroughly examined, including the circumstances of the incident, the evidence collected, and the rights of all parties involved.

An experienced criminal defense attorney can help navigate the complex legal system and protect your freedoms.

Common Defense Strategies

While each case is unique, some common defense strategies in vehicular homicide cases include:

Challenging BAC Test Results: The accuracy of blood alcohol tests can sometimes be questioned. Factors like improper test administration or equipment malfunction could lead to inaccurate results.
Arguing Lack of Causation: In some cases, it may be possible to argue that while the defendant was impaired, their impairment wasn't the cause of the accident.
Prescription Drug Defense: If the charge is related to prescription drug use, it might be possible to argue that the defendant was taking the medication as prescribed and was unaware of its impairing effects.
Constitutional Violations: If law enforcement violated the defendant's constitutional rights during the arrest or investigation, it might be possible to have certain evidence suppressed.
Involuntary Intoxication: In rare cases, a defendant might argue they were involuntarily intoxicated, perhaps by someone spiking their drink.

The Importance of Legal Representation

Navigating a vehicular homicide charge without professional legal help can be incredibly challenging. A skilled criminal defense attorney can:

Analyze the evidence against you
Identify potential weaknesses in the prosecution's case
Negotiate with prosecutors for reduced charges or sentences
Represent you effectively in court if the case goes to trial
Ensure your rights are protected throughout the legal process

Remember, the prosecution must prove every element of the crime beyond a reasonable doubt.

Navigating the Complexities of Vehicular Homicide Law

Vehicular homicide in Louisiana is a serious offense with severe consequences. Understanding the laws, penalties, and potential defenses is crucial for anyone facing such charges. While the legal landscape can be complex and intimidating, remember that you have rights and options.

If you or a loved one needs help defending a charge related to a DUI or DWI in New Orleans , don't hesitate to seek professional legal assistance. Contact experienced DWI attorney Lance J. Robinson to discuss your case and explore your options. With the right legal support, you can navigate this challenging situation and work towards the best possible outcome.

Understanding DUI Checkpoints in New Orleans and Your Rights

lancerobinson@bellsouth.net (Lance Robinson) — Sat, 24 Aug 2024 20:19:13 GMT

If you're driving in New Orleans, you might come across a DUI checkpoint. These checkpoints, also known as sobriety checkpoints, are a common sight in the city. But what exactly are they, and what should you do if you encounter one?

This article will dive into the details of DUI checkpoints in New Orleans, your rights as a driver, and what to expect if you're stopped.

What Are DUI Checkpoints?

DUI checkpoints, sometimes referred to as sobriety checkpoints, are predetermined locations where law enforcement officers stop vehicles to check for signs of impaired driving. In New Orleans, these checkpoints are a key tool in the fight against drunk driving and crime.

Are DUI Checkpoints Legal?

The short answer is yes. The Supreme Court has ruled that sobriety checkpoints are constitutional, and they're perfectly legal in Louisiana. The main purpose is to protect innocent citizens from the dangers of drunk drivers on the road.

The Role of the New Orleans Police Department

The NOPD's Traffic Division is responsible for conducting these checkpoints. Their goal is twofold:

To enforce DWI laws
To prevent accidents caused by impaired driving

When and Where to Expect Checkpoints in New Orleans

DUI/DWI checkpoints in New Orleans aren't set up randomly. Based on historical data, here's what is known:

Checkpoints are typically conducted on Thursday nights through early Friday mornings, but can occur on other days, especially around holidays or special events.
Most checkpoints start around 9 p.m. and continue until 5 a.m. the following morning.
While exact locations are usually not disclosed in advance, checkpoints have been set up in various areas across Orleans Parish. Some past checkpoint locations have included:
St. Charles Avenue and Calliope Street (under the overpass)
Louisiana Avenue and LaSalle Street
Tchoupitoulas Street and Andrew Higgins Boulevard
North Claiborne Avenue (northeast of Orleans Avenue)
Downman Road and Pines Boulevard
Broad Street (near Thalia Street)
During special events like Mardi Gras, the New Orleans Police Department may conduct enhanced enforcement campaigns that last several days.

It's worth noting that while the police department sometimes announces the general areas where checkpoints will be set up, they don't always disclose the exact locations. This element of surprise is part of their strategy to catch impaired drivers off guard.

Remember, even if you don't see a checkpoint, the police are always on the lookout for signs of impaired driving. The safest approach is to never drink and drive, regardless of whether you expect to encounter a checkpoint.

Interacting with the NOPD at a Sobriety Checkpoint

So, you're driving home one night and suddenly find yourself at a DUI / DWI checkpoint. What happens next? Let's break it down.

What Officers Look For

When you're stopped at a checkpoint, officers are trained to look for specific signs of intoxication. These may include:

Slurred speech
The smell of alcohol
Difficulty following instructions
Bloodshot or glassy eyes

Field Sobriety Tests

If an officer suspects you might be under the influence, they may ask you to perform field sobriety tests. These could include:

Walking in a straight line and turning
Standing on one leg
Following a pen or finger with your eyes (known as the horizontal gaze nystagmus test)

Breathalyzer Tests

If the officer still suspects impairment after the field sobriety tests, they might ask you to take a Breathalyzer test. This device measures your blood alcohol content (BAC).

Your Rights at a Checkpoint

You do have some rights at a DWI checkpoint, such as:

You have the right to remain silent
You can refuse to perform field sobriety tests
You can refuse a Breathalyzer test, but be aware that refusing a Breathalyzer in Louisiana can result in an automatic one-year license suspension and potential criminal charges.

What to Do At a DUI Checkpoint

When interacting with officers at a checkpoint:

Be respectful and cooperative
Keep your hands visible to the officer at all times
Provide your license, registration, and proof of insurance when asked
Remember that you have the right to remain silent beyond providing these documents
If you choose to answer questions, be aware that anything you say can be used as evidence
Don't volunteer information unnecessarily
If you're unsure about answering a question, you can politely state that you prefer not to answer without an attorney present
Don't argue with the officer or become confrontational, even if you disagree with the stop

What Happens if You're Arrested for a DUI/DWI

If an officer determines you're driving under the influence, you may be arrested. Here's what you can expect:

Immediate Consequences

The immediate consequences of getting arrested for a DWI in New Orleans include:

You'll be taken into custody
Your vehicle may be impounded
You'll likely spend some time in jail until you're released on bail or your own recognizance

Legal Consequences

A DUI/DWI arrest in New Orleans can lead to serious penalties:

Fines up to $2,000 for a first offense
License suspension
Possible jail time
Mandatory participation in substance abuse programs

Long-term Impact

A DUI/DWI conviction can have far-reaching effects:

It can affect your job prospects
Your insurance rates may increase significantly
You might face social stigma
For repeat offenses, penalties become much more severe

Defending Your Rights After a DWI Arrest

If you are arrested for a DWI in New Orleans, it's important to take immediate action to protect your rights. Here's what you should do:

Stay calm and polite: Even if you believe the arrest is unjustified, remain calm and respectful to the officers.
Exercise your right to remain silent: You're not required to answer questions beyond providing basic identification.
Don't resist arrest: Even if you believe you're innocent, resisting arrest can lead to additional charges.
Contact a DWI defense attorney: As soon as possible, reach out to DWI attorney Lance Robinson.
Document everything: Try to remember as many details as possible about the arrest and write them down as soon as you can.

The Importance of Legal Representation

A skilled DWI defense attorney can make a significant difference in the outcome of your case. They can:

Review the details of your arrest to ensure proper procedures were followed
Challenge the validity of field sobriety or breathalyzer tests
Negotiate with prosecutors for reduced charges or penalties
Represent you in court and fight for the best possible outcome

Remember, any decision you make during this process can have long-lasting consequences. That's why it's crucial to have professional guidance.

Conclusion

DUI checkpoints in New Orleans are a reality that drivers need to be aware of. While they serve an important purpose in keeping our roads safe, it's equally important for drivers to understand their rights and responsibilities when encountering these checkpoints.

Remember these key points:

DUI checkpoints are legal in Louisiana
You have rights at checkpoints, but exercising them may have consequences
If arrested, remain calm and seek legal help immediately
A DUI/DWI conviction can have serious, long-lasting impacts

By staying informed and making responsible decisions, you can navigate DUI checkpoints safely and legally. However, if you or a loved one needs help defending a charge related to impaired driving in New Orleans, don't hesitate to contact experienced DWI attorney Lance J. Robinson .

With expert legal support from Lance, you can protect your rights and work towards the best possible outcome for your case.

FAQs About DUI Checkpoints

Are DUI checkpoints legal in New Orleans?

Yes, New Orleans DUI checkpoints are legal as are Louisiana DUI checkpoints. The U.S. Supreme Court has ruled that these checkpoints are constitutional when conducted properly.

Can I turn around if I see a checkpoint ahead?

While it's not a crime to turn around before reaching a checkpoint, it's not advisable. Here's why:

Officers often watch for vehicles turning around and may consider this suspicious behavior.
Turning around might actually draw more attention to yourself than simply going through the checkpoint.
If you make an illegal U-turn or violate any traffic laws while turning around, you can be pulled over.

In the end, it's usually easier and less suspicious to proceed through the checkpoint normally.

Do I have to answer questions at a DUI checkpoint?

You're only required to provide your driver's license, registration, and proof of insurance. Beyond that, you have the right to remain silent. However, being polite and cooperative can help the process go smoothly.

Can I refuse a breathalyzer test at a checkpoint?

You can refuse a breathalyzer test, but be aware that there are consequences. In Louisiana, refusing a breathalyzer test can result in an automatic one-year suspension of your driver's license.

Can an officer search my vehicle at a DUI checkpoint?

Officers cannot automatically search your vehicle at a DUI / DWI checkpoint without your consent or probable cause. Here are some key points to remember:

Routine searches are not permitted without your permission or probable cause.
If an officer asks to search your vehicle, you have the right to refuse politely.
However, if the officer has probable cause (e.g., visible open containers, smell of alcohol), they can search your vehicle without your consent.
If the officer sees evidence of a crime in "plain view" (visible from outside the car), they may have grounds for a search.
If you're arrested for a DWI, the officer can legally search areas of your car that are within your reach. This is called a "search incident to arrest." They do this to look for evidence related to the DWI or to ensure their own safety.
Officers may use trained drug-sniffing dogs around the exterior of your vehicle without your consent. If the dog signals that it smells drugs in your vehicle, it gives officers probable cause to search your vehicle without your permission.

Remember, while it's your right to refuse a search, do so politely and don't physically resist if an officer decides to conduct a search anyway. If you believe a search was conducted illegally, discuss this with a DWI attorney , as it could be grounds for challenging evidence in court.

How long do DUI checkpoints usually last?

Based on some historical data, most DUI checkpoints in New Orleans operate from 9 p.m. to 5 a.m. However, the duration can vary, especially during holiday periods or special events.

What happens if I'm caught driving under the influence at a checkpoint?

If you're found to be driving under the influence, you will likely be arrested, your vehicle may be impounded, and you'll likely face legal consequences including fines, license suspension, and possibly jail time.

What should I do if I'm arrested at a DUI checkpoint?

If you're arrested, remain calm and polite. Exercise your right to remain silent and ask to speak with an attorney as soon as possible. Don't discuss the incident with anyone except your lawyer.

How can I find out where checkpoints will be located?

While exact locations are rarely disclosed, the New Orleans Police Department sometimes announces general areas where checkpoints will be conducted. Local news outlets and social media can be good sources for this information.

Are DUI checkpoints more common during certain times of the year?

Yes, checkpoints are often more frequent during holidays and events associated with increased alcohol consumption, such as Mardi Gras, New Year's Eve, and major sporting events.

Can passengers in my car be questioned or searched at a DUI checkpoint?

While the focus is typically on the driver, passengers may be questioned if the officer has reasonable suspicion of criminal activity. However, passengers also have the right to remain silent.

Understanding the Difference Between a DUI and a DWI

lancerobinson@bellsouth.net (Lance Robinson) — Fri, 23 Aug 2024 20:17:50 GMT

We've all heard the terms DUI and DWI tossed around in conversations, on the news, or perhaps in courtroom dramas. These acronyms have become part of our cultural lexicon, often used interchangeably when discussing drunk driving incidents. But what do they actually mean, and is there a difference between a DUI and DWI?

In this article, we'll demystify these terms, focusing on Louisiana's laws while also shedding light on how they're interpreted across the United States.

Defining DUI and DWI

Let’s start with the basics. What exactly do these acronyms mean?

DUI stands for “Driving Under the Influence” of alcohol or other substances.
DWI stands for “Driving While Intoxicated” or “Driving While Impaired”.

Both terms describe offenses related to impaired driving, which can include alcohol, drugs, or a combination of both.

The specific terminology and laws can vary depending on where you are in the United States. In some states, DUI and DWI are used interchangeably, while others draw a distinction between the two.

For instance, in some jurisdictions, a DUI might refer specifically to driving under the influence of alcohol, while a DWI could encompass impairment from alcohol, illegal drugs, prescription medications, or even over-the-counter drugs that affect one’s ability to drive safely.

Drunk Driving Laws and Terminology

As just mentioned, when it comes to impaired driving laws, the terminology can vary significantly across different states. Some states use terms like OWI (Operating While Intoxicated) or OUI (Operating Under the Influence) instead of, or in addition to, DUI and DWI. This variety in terminology can make it challenging for you to understand the specific laws that apply in your area or when traveling to different states like Louisiana.

Louisiana primarily uses the term DWI. This is the official term used in Louisiana state law for offenses related to operating a vehicle while under the influence of alcohol or drugs.

Understanding the specific laws and terminology in your state is important if you ever find yourself facing drunk driving charges because the consequences can be serious, including:

Jail time
Hefty fines
License suspension

Blood Alcohol Concentration (BAC) and Legal Limits

Now, let’s talk about something else you’ve probably heard of before: Blood Alcohol Concentration , or BAC for short, which is a measure of your blood alcohol content.

BAC is like a breathalyzer for your bloodstream. It measures the amount of alcohol floating around in your blood. The legal limit for BAC varies by state, but it’s typically 0.08% for drivers over 21.

In Louisiana, the legal BAC limit is 0.08% for drivers aged 21 and over. However, it’s important to note that there are different limits for certain categories of drivers:

For drivers under 21 years old, the limit is 0.02%
For commercial drivers, the limit is 0.04%

Specifically, Louisiana Revised Statutes 14:98 states:

“98. Operating a vehicle while intoxicated

(1) The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:

(a) The operator’s blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.”

It’s worth noting that while 0.08% is the legal limit, a driver can still be charged with a DWI if they show signs of impairment, even if their BAC is below this threshold. The law also specifies different limits for underage drivers and commercial vehicle operators, as mentioned above.

And remember, you can be charged with a DUI or DWI if your BAC is above the legal limit, even if you don’t feel drunk or impaired. It’s like getting a speeding ticket when you thought you were going the speed limit. The law doesn’t care how you feel, only what the numbers say.

Understanding BAC and Its Role in DUI/DWI Cases

BAC is a big deal in DUI and DWI cases. It’s like the smoking gun of drunk driving evidence. Here’s why it matters:

It provides concrete evidence of a driver’s level of intoxication.
A high BAC can result in more severe DUI charges, including longer jail time and higher fines.
Understanding how BAC is measured and used in cases is essential for building a strong defense.

Consider BAC as a critical threshold in driving safety. Even if you feel fine, the law draws a clear line: cross that BAC limit, and you’re legally impaired, even if you don't feel drunk or impaired.

How Drunk Driving Laws Vary by State

Drunk driving laws are like snowflakes - no two states are exactly alike. Some states crack down hard on drunk driving, while others are a bit more lenient.

For example, Texas law has specific definitions and penalties for DUI and DWI offenses, which can vary significantly from those in other states.

Variations in DUI/DWI Laws Across the US

Let’s look at some ways DUI and DWI laws can differ across the country:

Penalties: Some states throw the book at repeat offenders, while others might give a bit more slack.
Technology: Some states require ignition interlock devices (think of it like a breathalyzer for your car), while others don’t.
Terminology: As we mentioned earlier, some states use DUI, others use DWI, and some use both with different meanings.

For instance, DWI stands for “Driving While Intoxicated,” which is distinct from DUI in some states.

Consequences of a DUI/DWI Conviction

Getting convicted of a DUI or DWI has serious consequences. Here’s what you might be looking at:

Jail time: You could be spending some time behind bars.
Fines: Prepare to open your wallet wide.
License suspension: Say goodbye to your driving privileges for a while.
Increased car insurance rates: Your budget takes another hit.
Permanent record: This conviction could follow you around for life.

Impact on Insurance Rates and Driving Record

Let’s zoom in on those insurance rates for a moment. Insurance companies view drivers with a DUI or DWI conviction as high-risk. And as a high-risk driver, they’re going to charge you more.

And that permanent mark on your driving record can make it much harder to get insurance or even land certain jobs in the future. It’s like a tattoo you can’t hide - it’s always there, affecting your life in ways you might not expect.

SR-22 Requirements and Insurance Implications

Ever heard of an SR-22? If you get convicted of a DUI or DWI, you might become very familiar with it. An SR-22 is a certificate of financial responsibility that’s required for drivers convicted of certain offenses, including DUI and DWI. An SR-22 is often required after a DUI conviction to prove that you have adequate insurance coverage.

Here’s what you need to know about SR-22s:

It’s not actually insurance, but a form your insurance company files with the state.
It proves you have the minimum required auto insurance coverage.
This form is typically required after a DUI conviction to ensure you meet the minimum insurance requirements.
It can significantly increase your insurance premiums.
They’re typically required for 3-5 years after a conviction.
They can result in even higher insurance rates.
They come with more stringent insurance requirements.

Think of an SR-22 like a financial ankle monitor - it’s there to make sure you’re following the rules, but it marks you as a high-risk driver, and you’ll pay for it.

How Long Does a DUI Stay on Your Insurance Record?

A DUI conviction typically remains on your insurance record for 3-5 years, depending on your state and insurance company. During this time, you're likely to see significantly higher premiums as you'll be viewed as a high-risk driver.

The impact on your driving record can last even longer, potentially affecting your ability to obtain certain jobs or licenses.

Understanding the Impact on Insurance Rates

Let’s put some numbers to this. According to one insurance source, drivers with a DUI pay an average of $1,495 more per year , or about $125 more per month, for car insurance compared to drivers without a DUI. That’s a lot of money that could be spent on, well, pretty much anything else!

The financial burden of a DUI conviction can be significant, with increased insurance rates adding to the overall cost.

Remember, the length of time a DUI stays on your record can impact these rates. The longer it’s there, the longer you’ll be paying those higher premiums.

You Can Be Charged with a DUI or DWI Even If Your Vehicle Is Parked

Here’s an important fact about DWIs that many people aren’t aware of: in several states, including Louisiana, you can be charged with a DWI even if your vehicle isn’t moving and the engine isn’t running . Sounds crazy but it’s true.

So how can you get a DUI/DWI without driving? Here are a few scenarios:

You’re found sleeping in the driver’s seat with the keys in the ignition.
Your car is parked on the side of the road, and you’re in the driver’s seat.
You’re operating a non-motorized vehicle while intoxicated (like a bicycle in some states).

In such scenarios, you can still be considered a drunk driver under the law because you're deemed in "actual physical control" of the vehicle while intoxicated. It’s like being the captain of a ship - you’re responsible even if the ship is docked.

So if your sitting in the driver’s seat of a parked car with the keys in your possession and your Blood Alcohol Concentration is over the limit, you could potentially be charged with a DUI or DWI.

That might not seem logical or fair to you, but the law is there to prevent potentially dangerous situations before they occur.

Penalties for a First-Time Offender

If you’re facing your first DUI or DWI charge, you might be wondering what kind of penalties you’re looking at. While it varies by state, here’s a general idea:

Fines: Usually ranging from $500 to $2,000
License suspension: Typically 90 days to a year
Community service: Often 20-50 hours
Possible jail time: Usually up to 6 months (but often suspended for first-time offenders)

Understanding the penalties for drunk driving offenses is crucial for anyone facing their first DUI or DWI charge.

In some states, first-time offenders might be eligible for a diversion program or deferred adjudication. These programs can help you avoid some of the harsher penalties if you complete certain requirements.

The Penalties for a First DWI Offense in Louisiana

Let's look specifically at Louisiana's penalties for a first DWI offense, according to Louisiana Revised Statute 14:98.1 :

Fines: $300 to $1,000
Jail time: 10 days to 6 months
Community service: At least 32 hours (if jail time is suspended)
Substance abuse program: Participation required
Driver improvement program: Participation required
License restriction: For at least 6 months, the offender may not operate a motor vehicle unless it's equipped with an ignition interlock device

Additional penalties may apply based on blood alcohol concentration (BAC):

For BAC of 0.15% or higher but less than 0.20%:
At least 48 hours must be served without benefit of parole, probation, or suspension of sentence
Driver's license suspension for 2 years

For BAC of 0.20% or higher:
Minimum fine increases to $750
At least 48 hours must be served without benefit of parole, probation, or suspension of sentence
Driver's license suspension for 2 years

It's important to note that the court may allow for home incarceration in lieu of or in addition to imprisonment. Also, offenders may apply for a restricted driver's license during the suspension period if they have an ignition interlock device installed.

Remember, these penalties can increase significantly for subsequent offenses or if there are aggravating factors like having a very high BAC or having a minor in the vehicle.

State-Specific Laws and Penalties

Remember how we said drunk driving laws vary by state? Let’s look at a few examples:

In Louisiana, a first-offense DWI can result in a fine of up to $1,000 and up to 6 months in jail.
In Texas, a first-offense DWI can result in a fine of up to $2,000 and up to 180 days in jail. Under Texas law, the penalties for a first-offense DWI can be severe, including fines and jail time.
In California, a first-offense DUI can result in a fine of up to $1,000 and up to 6 months in jail.

These differences underscore why it’s so important to understand the specific laws in your state or the state you’re visiting and to seek legal counsel if you’re facing charges.

How an Attorney Can Help with DUI and DWI Charges

Facing a DWI or DUI charge can feel overwhelming. That’s where a good DWI attorney comes in. They’re like your personal guide through the legal maze. An experienced defense attorney can help you navigate the complexities of DWI charges and build a strong defense.

Understanding the Role of a DWI Lawyer

A DWI lawyer can:

Provide guidance throughout the legal process. They can help you understand the implications of DWI charges and guide you through the legal process.
Build a strong defense strategy
Negotiate with prosecutors
Advocate for your rights in court

Your DWI lawyer can also explain what’s happening in terms you can understand and help you make informed decisions about your case.

Conclusion

Navigating the world of DUIs and DWIs can feel like trying to read a map in a foreign language. The terminology varies, the laws change from state to state, and the consequences can be severe.

Remember these key points:

DUI (Driving Under the Influence) and DWI (Driving While Intoxicated or Impaired) both refer to offenses related to operating a vehicle while impaired by alcohol, drugs, or other substances. However, the specific meanings, usage, and legal implications of these terms can vary significantly from state to state.
BAC is a crucial factor in DUI/DWI cases, and being over the legal limit can result in charges even if you don't feel impaired.
The consequences of a conviction can include jail time, fines, license suspension, and long-term impacts on your insurance rates and driving record.
Understanding the specific laws in your state or the state you're visiting is important for navigating a DUI or DWI charge.

And remember, even if you "feel fine" after drinking, your judgment and reflexes may still be impaired, and your BAC may be over the legal limit. The safest choice is always to avoid driving after consuming any amount of alcohol or drugs. It's far better to call a taxi, use a ride-sharing service, or designate a sober driver than to risk the severe legal, financial, and personal consequences of a DUI or DWI. When in doubt, err on the side of caution – your life and the lives of others on the road are worth more than the inconvenience of finding an alternative ride home.

If you or a loved one needs help defending a charge related to a DUI or DWI in New Orleans, don't go it alone. Contact experienced DWI attorney Lance J. Robinson for a free consultation, expert guidance, and legal representation. Remember, when it comes to DUI and DWI charges, knowledge is power - and the right legal help can make all the difference.

Navigating the New Orleans Open Container Law: What You Need to Know

lancerobinson@bellsouth.net (Lance Robinson) — Fri, 26 Jul 2024 00:53:48 GMT

Whether you're planning a visit to New Orleans or you're a resident of the Crescent City, it's important to understand the unique open container laws that govern public drinking. This article will provide a comprehensive overview of both Louisiana's open container law and New Orleans' open container law, helping you enjoy the city's vibrant culture responsibly and legally.

Understanding Open Container Laws

Definition of an Open Container

In Louisiana, an open container is defined as any bottle, can, or other container holding alcoholic beverages that has been opened, has a broken seal, or has had some of its contents removed. This definition applies to all types of alcoholic beverages, including beer, wine, and distilled spirits.

New Orleans, however, has its own set of regulations that differ from the rest of the state. In certain areas, such as the French Quarter, individuals are permitted to possess open plastic containers of alcohol in public spaces and even in vehicles.

Purpose of the Law: Transportation Equity Act for the 21st Century

The federal government established the Transportation Equity Act for the 21st Century (TEA-21) in 1998 to promote highway safety across the nation. To comply with TEA-21, states must implement open container laws that meet specific requirements.

Louisiana's open container laws include exceptions, particularly during events like Mardi Gras, and highlight severe penalties for violations. Louisiana’s open container law does not fully align with these federal standards, which is why New Orleans has some unique exceptions.

Exceptions to the Law

New Orleans' Unique Rules and Regulations for Open Containers

New Orleans is renowned for its distinctive approach to public drinking, particularly in the French Quarter. Here are the key points to remember:

Open plastic containers of alcohol are allowed in certain districts.
Only plastic containers are permitted - glass and metal containers are prohibited.
You must drink responsibly and avoid public intoxication .

Drive-Thru Daiquiri Shops

Louisiana’s drive-thru daiquiri shops represent a unique aspect of the state’s drinking culture. These establishments can legally sell frozen alcoholic beverages for consumption to customers in vehicles, provided they are considered “sealed.” A sealed container is defined as one with an unbroken lid and no straw protruding through it.

Certain Vehicles and Areas

Louisiana’s open container laws do not apply to specific types of vehicles, including:

Self-contained motor homes
Buses
Privately owned limousines
Parade floats

Additionally, open alcoholic beverage containers are permitted in certain areas of vehicles, such as:

Car trunks
Areas behind the last upright seat in vehicles without trunks
Locked glove box
Locked glove compartment

These areas are not readily accessible to drivers or passengers, ensuring compliance with the law.

Drinking in Public in New Orleans

While New Orleans is famous for its lenient attitude towards public drinking, it's important to note that specific laws and ordinances still govern this practice. The City of New Orleans has municipal ordinances that dictate the rules for drinking in public spaces.

Glass Bottles and Containers Are Prohibited

One important rule to remember is that glass containers are not allowed in public spaces. On Bourbon Street, bars and clubs provide plastic cups for drinks. When leaving an establishment, you can request a plastic to-go cup for your unfinished beverage.

Public Intoxication is Still Illegal

While public drinking is permitted in certain areas, public intoxication remains illegal and can lead to serious consequences. To enjoy New Orleans responsibly:

Pace yourself and know your limits
Consume food to help absorb alcohol
Stay hydrated by alternating alcoholic drinks with water
Engage in other aspects of New Orleans' rich culture, such as music and history

Penalties for Violating the Law

Fines and Consequences for Non-Compliance

Violations of Louisiana's open container law are relatively minor, with a maximum fine of $100. However, if open container violations lead to drunk driving, the penalties become much more severe and may include:

Jail time
Substantial fines
License suspension
Mandatory alcohol education programs

What To Do if Charged

If you face charges related to an open container violation or DWI/DUI , it's important to consult with an experienced New Orleans defense attorney such as Lance J. Robinson. Lance has extensive knowledge of Louisiana and New Orleans alcohol laws and can help you navigate the legal system and potentially obtain reduced charges or penalties or even get them dismissed.

Navigating the Law Responsibly

Best Practices for Enjoying Open Containers in Public

To make the most of New Orleans' unique drinking culture while staying within legal boundaries:

Always use plastic containers for drinks in public spaces where drinking is allowed
Do not leave designated areas (like the French Quarter) with open containers
Be respectful of others and the environment - avoid littering or causing disturbances
Utilize ride-sharing services or designate a sober driver if you've been drinking

When in doubt about the legality of an open container in a particular situation, it's advisable to err on the side of caution. Either finish your drink or dispose of it properly before moving to a new area.

FAQs About Louisiana & New Orleans Open Container Laws

What is considered an open container in Louisiana?

Any alcoholic beverage container that has been opened, has a broken seal or has had some of its contents removed. This includes a frozen alcoholic beverage like a daiquiri if a straw has been inserted through the lid.

Are there any exceptions to Louisiana's open container law?

Yes, including certain areas of New Orleans (like the French Quarter), specific types of vehicles (such as buses and limousines), and certain areas within vehicles (like locked glove compartments).

How does the New Orleans open container law differ from the Louisiana open container law?

The New Orleans open container law is more permissive than the Louisiana state law. In New Orleans, particularly in areas like the French Quarter, it's legal to have open containers of alcohol in public spaces and even in vehicles, as long as they're in plastic containers.

However, the Louisiana state law generally prohibits open containers of alcohol in vehicles and many public spaces. This unique exception for New Orleans is due to local ordinances that override the state law within city limits, allowing for the city's famous "go-cup" culture. Always remember that outside of New Orleans, the stricter Louisiana state law applies.

Where exactly can I have an open container in New Orleans?

In New Orleans, you can have an open container (in a plastic cup, not glass) in most of the French Quarter and surrounding areas. The specific boundaries where open containers are allowed are:

North (lakeside) boundary: Rampart Street
South boundary: The Mississippi River
East (downriver) boundary: Esplanade Avenue
West (upriver) boundary: Canal Street

In simple terms, this area covers most of the French Quarter and a bit beyond. Remember, even within these boundaries, the container must be plastic, not glass. Outside of this area, open container laws are stricter, so it's best to finish your drink before leaving this zone.

It's also important to note that while drinking is allowed in this area, public intoxication is still illegal. Always drink responsibly and be respectful of others and the city.

If I'm driving in Louisiana and my passenger buys a daiquiri from a drive-thru shop and drinks it in the car, can I get in trouble for an open container violation?

Yes, this situation could lead to legal trouble for you, the driver. While Louisiana allows the sale of frozen daiquiris through drive-thru shops, the law requires these drinks to remain "sealed" during transport. A daiquiri is considered sealed if the lid is intact and there's no straw penetrating it. If a passenger opens the drink and begins consuming it inside the vehicle, it becomes an open container.

In Louisiana, it's illegal for both drivers and passengers to have open containers of alcohol in a motor vehicle on public roads. The driver could be held responsible for allowing an open container in the vehicle, potentially facing fines and other penalties. To stay within the law, all alcoholic beverages purchased from drive-thru daiquiri shops should remain sealed until you reach your destination and are no longer in the vehicle.

Where can I find additional resources for further information?

Refer to Louisiana’s open container law ( RS 32:300 ), New Orleans' open container law ( 54-404 ), and the federal Transportation Equity Act for the 21st Century ( TEA-21 ) for more detailed information.

Keeping It Legal in New Orleans and Beyond

Understanding the New Orleans open container law is very important for both residents and visitors who wish to partake in the city's unique drinking culture responsibly. While the regulations may appear more relaxed compared to other parts of the country, it's important to remember that they are in place to promote road safety and reduce incidents of drunk driving.

By adhering to the guidelines discussed in this article - using plastic containers, remaining within designated areas, and always drinking responsibly - you can fully enjoy your time in New Orleans while staying within the bounds of the law.

If you or a loved one ever requires assistance in defending a charge related to public intoxication or open container violations in New Orleans, contact experienced defense attorney Lance J. Robinson for a free legal consultation. With proper legal guidance, you can effectively navigate the complexities of Louisiana's alcohol laws and protect your rights.

Remember to drink responsibly and stay safe while enjoying all that the vibrant city of New Orleans has to offer.

What Is the Legal Limit for Alcohol in Louisiana?

lancerobinson@bellsouth.net (Lance Robinson) — Tue, 23 Jul 2024 00:28:29 GMT

For residents and visitors in Louisiana, particularly those in New Orleans, understanding the state’s laws regarding alcohol consumption and driving is essential. The legal limit for alcohol in Louisiana is more than just a number - it’s a critical threshold that separates responsible enjoyment from potentially severe legal consequences.

Understanding Louisiana DWI laws is important for anyone navigating the state's roads. This comprehensive guide aims to clarify Louisiana’s legal alcohol limit, providing critical information for anyone driving in the state.

In this article, we’ll examine the specific blood alcohol concentration (BAC) limits set by Louisiana law, explore how these limits are measured, and discuss the implications of exceeding them. We’ll delve into important related topics, including:

The concept of implied consent and chemical tests
Penalties and consequences for driving while intoxicated (DWI)
How controlled dangerous substances factor into DWI laws
Specific regulations for underage drinking and driving
Driver’s license suspension and revocation procedures
The serious offense of vehicular homicide related to DWI
Legal defense options and the possibility of expungement

This information is important to know, whether you’re planning an evening in the French Quarter or simply want to understand your rights and responsibilities as a driver in Louisiana.

Let’s begin our exploration of Louisiana’s alcohol laws and their impact on drivers throughout the state.

What is the Legal Limit?

When we talk about the “legal limit” for alcohol in Louisiana, we’re referring to the maximum blood alcohol level (BAC) a person can have while operating a vehicle. But what exactly does this mean, and how does it apply to different drivers? Let’s break it down.

Standard BAC Limit

For most drivers in Louisiana, the legal limit is a BAC of 0.08%. This limit is specifically defined as 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood. This means that if you have 0.08 grams of alcohol per one hundred cubic centimeters of blood, you're considered legally impaired.

It's important to note that DWI in Louisiana isn't limited to alcohol. You can be charged with DWI if you're under the influence of any controlled dangerous substance listed in Schedules I through V, a combination of alcohol and legal drugs, or even legal drugs alone if they impair your driving ability.

According to Louisiana Revised Statute 14:98 , the 0.08% BAC limit is enforced when operating:

Motor vehicles
Aircraft
Watercraft
Vessels
Other means of conveyance

But here's the catch: even if your BAC is below 0.08%, you can still be charged with a DWI if law enforcement determines that your ability to drive is impaired. This is because alcohol affects everyone differently, and some people may show signs of impairment at lower BAC levels.

Special BAC Limits

Louisiana law sets different BAC limits for certain groups of drivers:

Commercial Drivers: If you're operating a commercial vehicle, your legal limit is significantly lower at 0.04% BAC . This stricter standard reflects the increased responsibility and potential danger associated with operating larger vehicles.
Minors: For drivers under 21, Louisiana has a "zero tolerance" policy. The legal limit for underage drivers is set at 0.02% BAC . This extremely low threshold essentially means that any detectable amount of alcohol can result in a DWI charge for a minor.

Actual Physical Control

It's important to understand that in Louisiana, you don't have to be actually driving to be charged with a DWI. The law uses the term " actual physical control ," which means you can be charged if you're in a position to operate the vehicle, even if it's not moving.

For example, if you're sitting in the driver's seat with the keys in the ignition, you could be considered in actual physical control of the vehicle.

Factors Affecting BAC

Your BAC doesn't just depend on how much you drink. Several factors can influence how quickly your body processes alcohol and how it affects you:

Body weight and composition
Gender
Rate of consumption
Food intake
Medications
Overall health

Because of these variables, it's often difficult to accurately guess your BAC based solely on the number of drinks you've had. This unpredictability is why many safety advocates recommend not driving at all if you've been drinking.

The Reality of the "One Drink Per Hour" Rule

You might have heard the rule of thumb that your body can process about one standard drink per hour. While this can be a general guideline, it's not a reliable way to stay under the legal limit. The rate at which your body processes alcohol can vary widely based on the factors mentioned above.

Understanding the legal limit is important, but the safest approach is always to avoid drinking and driving altogether. If you plan to drink, arrange for a designated driver, use a ride-sharing service, or take public transportation.

Implied Consent and Chemical Tests

In Louisiana, when you get behind the wheel, you're not just agreeing to follow traffic laws. You're also giving what's called " implied consent " to chemical tests if you're suspected of driving while intoxicated. But what does this really mean for drivers?

Understanding Implied Consent

Implied consent is a legal concept that assumes all drivers have agreed to submit to chemical tests if they're suspected of driving while intoxicated (DWI). This agreement is "implied" by the act of driving on Louisiana roads. The law is outlined in Louisiana Revised Statute 32:661 and it's a crucial part of how the state enforces its DWI laws.

Here's what you need to know about implied consent:

It applies to all drivers on Louisiana roads, whether you're a resident or just passing through
It covers tests for both alcohol and drugs
Refusing a test doesn't mean you can avoid penalties

Types of Chemical Tests

When we talk about chemical tests, we’re referring to tests that analyze breath, blood, urine, or other bodily substances to measure your blood alcohol content (BAC) or detect the presence of drugs in your system. These tests can be categorized into three main types:

Breath test: These are the most common and can be done roadside or at a police station
Blood test: Usually conducted at a medical facility
Urine test: Less common, but sometimes used, especially when drug use is suspected

Each of these tests aims to measure your blood alcohol content (BAC) or detect the presence of drugs in your system.

Consequences of Refusing a Test

You might think that refusing a chemical test is a smart way to avoid incriminating yourself. However, Louisiana law has some pretty steep consequences for refusal of a chemical test, including a breath test:

Your driver's license will be seized immediately.
If you're a resident without a license, you'll be denied a license for 6 months after the alleged violation.
The refusal can be used as evidence against you in criminal proceedings related to the DWI charge .
For most cases (first or second refusal), these administrative penalties apply even if you're ultimately found not guilty of DWI.

However, the consequences become much more severe in certain situations:

If you've refused tests on two previous and separate occasions, or if the incident involved a fatality or serious bodily injury, you may not legally refuse the test.
If you do refuse in these circumstances, you face:
A fine between $300 and $1000
Imprisonment for 10 days to 6 months
Possible probation with conditions like jail time, substance abuse programs, or community service

Law enforcement officers are required to inform you of these consequences before administering the test.

For drivers under 21, evidence of refusal is admissible in proceedings related to underage drinking and driving.

Remember, under Louisiana's implied consent law, simply by driving on state roads, you've agreed to chemical testing if suspected of DWI. Refusing the test doesn't necessarily protect you from legal consequences and can, in fact, result in additional penalties.

Your Rights During Chemical Testing

While implied consent means you've agreed to testing, you still have some rights:

You have the right to refuse a test, but you'll face penalties for doing so
You have the right to an independent test after submitting to the official one
You can request to speak with an attorney, but this doesn't give you the right to delay or refuse the test

Field Sobriety Tests vs. Chemical Tests

It's important to distinguish between field sobriety tests (like walking in a straight line) and chemical tests. Field sobriety tests are not covered under implied consent laws. You can refuse these without the same automatic penalties that come with refusing a chemical test.

However, refusing a field sobriety test may still have consequences:

The officer may use your refusal as a reason to establish probable cause for arrest.
Your refusal may be mentioned in court as evidence of consciousness of guilt.
The officer may proceed directly to requesting a chemical test if they have other reasons to suspect impairment.

Understanding implied consent and chemical tests is important for all Louisiana drivers. These laws play a significant role in how DWI cases are handled and can have serious implications if you're ever suspected of driving under the influence.

DWI Penalties and Consequences

Getting caught driving while intoxicated in Louisiana isn't just dangerous - it can have serious legal and personal consequences. Let's break down what you might face if you're convicted of a DWI in the state.

Criminal Consequences

The criminal penalties for DWI in Louisiana can be severe and increase with each offense, especially if you have a prior conviction:

First Offense :

Fines between $300 and $1,000
Up to 6 months in jail
90-day driver’s license suspension
Possibility of community service

Second Offense :

Fines between $750 and $1,000
30 days to 6 months in jail
1-year driver’s license suspension
Mandatory community service

Third Offense :

Fines of $2,000
1 to 5 years in prison
2-year driver’s license suspension
Seizure and sale of your vehicle

Administrative Penalties

Besides criminal penalties, you'll also face administrative consequences:

Driver's license suspension (length varies based on offense)
Requirement to install an ignition interlock device in your vehicle
Mandatory substance abuse treatment programs
Increased car insurance rates

Vehicle Seizure and Forfeiture

For third or subsequent DWI offenses, the court may order the seizure and forfeiture of the vehicle being operated by the offender at the time of the offense. If forfeited, the vehicle may be sold at auction, with proceeds going to cover court costs, towing and storage fees, and then distributed among the arresting agency, the prosecuting district attorney, and the Louisiana Property and Casualty Insurance Commission.

Enhanced Penalties

Certain circumstances can lead to even harsher penalties:

Child Endangerment: Louisiana has a ' Child Endangerment Law ' that imposes harsher penalties if a child 12 years of age or younger was a passenger in the vehicle at the time of the DWI offense. In such cases, the minimum mandatory sentences cannot be suspended.
High BAC: If your BAC is 0.15% or higher, you'll face increased penalties.
Vehicular Homicide : If someone dies as a result of your drunk driving, you could face up to 30 years in prison.
Prior convictions for vehicular homicide, third degree feticide, vehicular negligent injuring, and first degree vehicular negligent injuring also count as prior DWI offenses for sentencing purposes.

Vehicular Negligent Injuring

If you injure someone while driving under the influence, you could be charged with first degree vehicular negligent injuring, which carries its own set of penalties, including fines and potential jail time.

Long-Term Consequences

The impacts of a DWI conviction can extend far beyond legal penalties:

Employment difficulties, especially for jobs requiring driving
Travel restrictions, including difficulty entering some countries
Personal and professional reputation damage
Financial strain from fines, increased insurance rates, and potential job loss

Understanding these penalties underscores the importance of making responsible decisions when it comes to drinking and driving. The consequences of a DWI can be life-altering, affecting not just you but your family and community as well.

Controlled Dangerous Substances and DWI

When we talk about DWI in Louisiana, it's not just about alcohol. The law also covers driving under the influence of controlled dangerous substances. Let's discuss what this means and how it impacts DWI laws in the state.

What Are Controlled Dangerous Substances?

Controlled dangerous substances (CDS) are drugs that are regulated by the government due to their potential for abuse or addiction. In Louisiana, these substances are classified into five schedules, Schedule I, II, III, IV, and V :

Schedule I: Drugs with high potential for abuse and no accepted medical use (e.g., heroin, LSD)
Schedule II: Drugs with high potential for abuse but some accepted medical use (e.g., cocaine, methamphetamine)
Schedule III: Drugs with less potential for abuse than Schedule I or II (e.g., anabolic steroids)
Schedule IV: Drugs with low potential for abuse (e.g., Xanax, Valium)
Schedule V: Drugs with the lowest potential for abuse (e.g., cough medicines with small amounts of codeine)

DWI and Controlled Dangerous Substances

Under Louisiana law, it's illegal to operate a vehicle while under the influence of any controlled dangerous substance. This applies even if the substance was legally obtained with a prescription. The key factor is whether the substance impairs your ability to drive safely.

Chemical Tests for CDS

Just like with alcohol, chemical tests can detect the presence of controlled dangerous substances in your system. These tests typically involve blood or urine samples. It's important to note that:

The presence of any amount of a Schedule I substance can result in a DWI charge
For other schedules, the prosecution must prove that the substance impaired your driving ability

Penalties for CDS-Related DWI

The penalties for driving under the influence of controlled dangerous substances are similar to those for alcohol-related DWI. However, there are some key differences:

Mandatory substance abuse evaluation and treatment
Possible drug court participation
Additional charges for possession of illegal substances

Prescription Drugs and DWI

Even if you have a valid prescription, you can still be charged with DWI if the medication impairs your driving. Some points to remember:

Always read medication labels carefully for warnings about driving
Be aware that combining prescription drugs with alcohol can increase impairment
If you're unsure about a medication's effects, ask your doctor or pharmacist

The "Drug Recognition Expert" Program

Louisiana uses specially trained officers called Drug Recognition Experts (DREs) to identify drivers under the influence of drugs through a 12-step evaluation process that may include testing blood, urine, breath, or other bodily substances. These officers use a 12-step evaluation process to determine if a driver is impaired and by what category of drugs.

Legal Defense for CDS-Related DWI

Defending against a CDS-related DWI can be complex. Some potential defenses include:

Challenging the validity of the chemical test
Questioning the officer's observations of impairment
Demonstrating that the substance didn't actually impair driving ability

Understanding how controlled dangerous substances factor into DWI laws is crucial for all Louisiana drivers. Whether you're taking prescription medication or using any other substance, it's important to consider how it might affect your ability to drive safely.

Underage Drinking and Driving

Louisiana takes a particularly hard stance when it comes to underage drinking and driving. If you're under 21, the rules are stricter and the consequences can be severe. Let's break down what you need to know.

Zero Tolerance Policy

Louisiana, like all states, has a "zero tolerance" policy for underage drinking and driving. This means:

The legal BAC limit for drivers under 21 is 0.02%
This low threshold essentially means any detectable amount of alcohol can result in a DWI charge

Why 0.02% And Not 0.00%?

You might wonder why the limit isn't set at 0.00%. The 0.02% limit allows for potential alcohol exposure from sources like:

Some medications
Mouthwash
Communion wine

DWI Penalties for Minors

If you're under 21 and caught driving with a BAC of 0.02% or higher, you'll face:

First Offense:

Fine between $100 and $250
Participation in a driver improvement program
Up to 10 days of community service
90-day driver's license suspension

Second Offense:

Fine between $250 and $500
Minimum of 48 hours in jail
Up to 30 days of community service
6-month driver's license suspension

Additional Consequences

Beyond these penalties, underage DWI can have other serious impacts:

Difficulty getting into college
Loss of scholarships
Trouble finding employment
Increased car insurance rate

Refusing a Chemical Test

For drivers under 21, refusing a chemical test comes with its own set of penalties:

180-day driver's license suspension for a first refusal
Potential for more severe penalties in court

The Driver Improvement Program

If you're convicted of underage DWI, you'll likely be required to complete a driver improvement program. This typically involves:

Education about the dangers of drunk driving
Substance abuse evaluation
Possible substance abuse treatment

Parent Responsibility

In Louisiana, parents can be held responsible if they knowingly allow their underage child to drive while intoxicated. This can result in fines and even jail time for the parents.

Long-Term Impact

An underage DWI conviction can have long-lasting effects:

It stays on your driving record for 10 years
It can affect future job prospects, especially those involving driving
It may need to be disclosed on college applications

The best policy is always to avoid drinking altogether if you're under 21, and never to drive after consuming any amount of alcohol.

Driver's License Suspension and Revocation

When it comes to DWI in Louisiana, one of the most immediate and impactful consequences is the loss of your driving privileges.

Let's explore how driver's license suspension and revocation work in the context of DWI offenses.

Administrative Suspension for Refusing a Chemical Test

If you refuse to take a chemical test when suspected of DWI, you face automatic license suspension:

First refusal: 1-year suspension
Second refusal within 5 years: 2-year suspension

These suspensions are administrative, meaning they're separate from any criminal penalties you might face.

Suspension for DWI Convictions

If you're convicted of DWI, your license will be suspended. The length of suspension depends on your BAC level and prior offenses:

First Offense:

90-day suspension for BAC of 0.08% to 0.14%
1-year suspension for BAC of 0.15% or higher

Second Offense:

1-year suspension
2-year suspension if within 5 years of the first offense

Third Offense:

2-year suspension
Possible permanent revocation

Revocation for Repeat Offenders

For repeat offenders, Louisiana may revoke your license entirely. This means:

Your driving privileges are terminated indefinitely
You must petition the court to have your license reinstated after a specified period

Vehicular Homicide and License Revocation

If you're convicted of vehicular homicide while under the influence, your license will be revoked for at least 2 years, and possibly permanently.

Hardship License

In some cases, you may be eligible for a hardship license during your suspension period. This restricted license allows you to drive:

To and from work
To and from school
To medical appointments

To obtain a hardship license, you typically need to:

Prove genuine hardship
Install an ignition interlock device in your vehicle
Complete substance abuse treatment

Reinstatement Process

To get your license back after a suspension or revocation:

Complete your suspension or revocation period
Pay reinstatement fees
Provide proof of completion for any required programs (like substance abuse treatment)
Show proof of insurance (SR-22 form)

Out-of-State DWI and Your Louisiana License

If you're a Louisiana resident and get a DWI in another state:

Louisiana will likely suspend your license based on the out-of-state conviction
You'll need to satisfy both Louisiana's and the other state's requirements to reinstate your license

Commercial Driver's License (CDL) Consequences

For CDL holders, the consequences are even more severe:

First offense: 1-year disqualification from operating a commercial vehicle
Second offense: Lifetime disqualification

Losing your driving privileges can have a profound impact on your daily life, affecting your ability to work, take care of family responsibilities, and maintain your independence. It's a stark reminder of the serious consequences that come with driving under the influence in Louisiana.

Vehicular Homicide and DWI

One of the most severe consequences of driving under the influence is the potential for causing a fatal accident. In Louisiana, this is known as vehicular homicide, and it carries some of the harshest penalties in the state's criminal justice system.

Definition of Vehicular Homicide

According to Louisiana Revised Statute 14:32.1 , vehicular homicide is defined as:

The killing of a human being
Caused by the operation of a motor vehicle, aircraft, watercraft, or other means of conveyance
While the operator is under the influence of alcohol or any controlled dangerous substance

Penalties for Vehicular Homicide

The consequences for vehicular homicide while under the influence are severe:

Imprisonment:

5 to 30 years with at least 3 years without benefit of probation, parole, or suspension of sentence
If the operator's BAC was 0.15% or higher, at least 5 years must be served without benefits

Fines:

Up to $15,000

License Revocation:

Minimum 2-year revocation
Possible permanent revocation

Additional Penalties

In addition to the primary penalties, those convicted of vehicular homicide may face:

Mandatory substance abuse treatment
Installation of an ignition interlock device upon license reinstatement
Restitution to the victim's family

Felony Classification

Vehicular homicide is classified as a felony in Louisiana. This means:

Loss of voting rights
Loss of the right to own firearms
Difficulty finding employment
Challenges in obtaining professional licenses

Multiple Victims

If a DWI incident results in multiple deaths, the offender can be charged with multiple counts of vehicular homicide. Each count carries its own set of penalties, potentially resulting in consecutive sentences.

Impact on Immigration Status

For non-citizens, a vehicular homicide conviction can lead to:

Deportation
Inadmissibility to the United States
Loss of permanent resident status

Civil Consequences

Beyond criminal penalties, those convicted of vehicular homicide often face civil lawsuits from the victims' families. These can result in:

Substantial monetary damages
Wage garnishment
Asset seizure

The Human Cost

While the legal consequences are severe, it's important to remember the human cost of vehicular homicide. Families are left devastated, communities are impacted, and lives are forever changed.

The severe penalties associated with vehicular homicide underscore the grave responsibility that comes with operating a vehicle. It's a stark reminder of why it's crucial to never drive under the influence of alcohol or drugs.

Legal Defense and Expungement

When facing DWI charges in Louisiana, you need to understand your legal options. This section will explore potential defense strategies and the possibility of expungement for those who have been convicted.

Importance of Legal Representation

DWI cases can be complex, involving scientific evidence and intricate legal procedures. Some reasons to seek legal representation include:

Understanding your rights and options
Navigating plea bargains
Challenging evidence in court
Minimizing penalties

Common DWI Defense Strategies

Challenging the Traffic Stop:
Was there probable cause for the stop?
Were your constitutional rights violated?

Questioning Field Sobriety Tests:
Were tests administered correctly?
Did environmental factors affect performance?

Disputing Chemical Test Results:
Was the testing equipment properly calibrated?
Was the test administered correctly?

Rising Blood Alcohol Defense:
Arguing that BAC was below the legal limit while driving but rose afterwards

Medical Conditions:
Certain conditions can mimic intoxication or affect BAC readings

Affirmative Defenses

In some cases, affirmative defenses may be applicable:

Necessity: Driving to prevent a greater harm
Involuntary intoxication: Unknowingly consuming alcohol or drugs

Plea Bargains

In some cases, it may be possible to negotiate a plea bargain:

Reducing charges to a lesser offense
Agreeing to treatment in exchange for reduced penalties

Expungement of DWI Records

Expungement is the process of sealing arrest and conviction records. In Louisiana, DWI expungement is possible under certain circumstances:

Eligibility Criteria:

First-offense DWI
At least 5 years since completion of sentence
No subsequent convictions

Process:

File a petition with the court
Pay required fees
Attend a hearing (if required)

Benefits of Expungement:

Records are sealed from public view
Improved employment prospects
Restored rights in some cases

Limitations:

Expunged records may still be visible to law enforcement
May need to be disclosed for certain jobs or licenses

Hardship License

If your license is suspended, you may be eligible for a hardship license:

Allows limited driving for essential purposes
Usually requires installation of an ignition interlock device

Substance Abuse Treatment

Participating in substance abuse treatment can sometimes lead to:

Reduced penalties
Improved chances of license reinstatement
Personal benefits in overcoming addiction

Importance of Acting Quickly

Time is often crucial in DWI cases because evidence may degrade or disappear, witnesses' memories may fade, and there are strict deadlines for administrative hearings.

Understanding these legal options can be crucial for anyone facing DWI charges in Louisiana. While the consequences of a DWI can be severe, there are often ways to mitigate the impact or, in some cases, successfully challenge the charges.

Conclusion

Navigating the complexities of Louisiana's alcohol laws and DWI regulations can be challenging, but understanding these rules is crucial for anyone who lives in or visits the state. Let's recap the key points we've covered:

The legal limit for most drivers in Louisiana is a BAC of 0.08%, with lower limits for commercial drivers (0.04%) and those under 21 (0.02%).
Implied consent laws mean that by driving in Louisiana, you agree to chemical testing if suspected of DWI.
Penalties for DWI can be severe, including fines, jail time, license suspension, and long-term consequences for your personal and professional life.
Driving under the influence of controlled dangerous substances is treated similarly to alcohol-related DWI.
Underage drinking and driving carries particularly harsh penalties and long-lasting consequences.
License suspension and revocation are common consequences of DWI, with the severity increasing for repeat offenses.
Vehicular homicide resulting from DWI is a serious felony with severe criminal and civil consequences.
There are legal defense options available, and in some cases, expungement of DWI records may be possible.

The most important takeaway is this: the safest and most responsible choice is always to avoid drinking and driving altogether . The potential consequences – legal, financial, and personal – far outweigh any perceived convenience of driving after consuming alcohol.

If you do find yourself facing DWI charges, it's crucial to seek experienced legal representation promptly. Lance J. Robinson is an attorney who specializes in DWI cases can help navigate the complex legal system, protect your rights, and work towards the best possible outcome for your situation.

Remember, Louisiana's DWI laws are designed to keep everyone safe on the roads. By understanding and respecting these laws, we all contribute to a safer community for ourselves and our fellow citizens.

If you or a loved one needs help defending a DWI charge , don't hesitate to contact experienced DWI attorney Lance J. Robinson for a free legal consultation. With the right legal guidance, you can navigate this challenging situation and work towards protecting your rights and your future.

Louisiana Domestic Violence Laws Explained

lancerobinson@bellsouth.net (Lance Robinson) — Mon, 24 Jun 2024 21:45:20 GMT

Domestic violence is a serious issue that can have devastating consequences for victims, their children, and the community as a whole. Louisiana law recognizes the severity of domestic violence and provides a legal framework to protect victims and hold offenders accountable.

This article will explain the key aspects of Louisiana's domestic violence laws.

What is Considered Domestic Violence in Louisiana?

Louisiana law defines domestic abuse broadly to encompass a range of physical, emotional, and psychological acts committed by one household member against another household member. This includes, but is not limited to:

Intentional use of force or violence committed
Threats of violence committed
Intimidation
Stalking
Isolating the victim from friends and family members
Controlling behavior
Verbal abuse

Who is Protected Under Domestic Violence Laws?

Louisiana's domestic violence laws protect a wide range of individuals, including:

Spouses (current or former)
Dating partner (current or former)
Parents and children
Siblings
Former spouses parents children
Persons who have a child in common (regardless of marital status)
Foster parents and foster children
Household member who is presently or formerly living together in the same residence

Domestic Abuse Battery

Domestic abuse battery, the most common domestic violence charge, occurs when one household member intentionally uses force or violence against another household member. This can include hitting, kicking, grabbing, shoving, or any other physical act that causes harm.

The law also considers burning inflicted on a household member as domestic abuse battery, with increased penalties imposed pursuant to conviction for causing serious bodily injury.

Penalties for Domestic Abuse Battery

The penalties imposed pursuant to conviction for domestic abuse vary depending on the severity of the offense and the offender's criminal history:

First Offense: A first-time offense is a misdemeanor punishable by up to six months in jail, a fine of up to one thousand dollars, or both. At least forty eight hours of the sentence must be served without the possibility of parole or suspension of sentence. The offender may also be required to complete mandatory domestic violence counseling or batterer intervention programs, which may include community service activities like facilitating batterer intervention groups.
Second Offense: A second offense can result in a jail sentence of up to one year and a fine of up to two thousand dollars. With a prior conviction, the offender must serve thirty days without the possibility of parole probation or suspension.
Third Offense: A third offense is a felony punishable by imprisonment with hard labor for not less than two years nor more than five years, and a fine of up to two thousand dollars. At least one year of the sentence must be served without the possibility of parole probation or suspension.
Fourth or Subsequent Offender: A fourth or subsequent offense involving serious bodily injury is a felony punishable by imprisonment with hard labor for not less than ten years nor more than thirty years without benefit of parole probation or suspension of sentence. If the fourth offense occurred within ten years of the prior conviction, the offender must serve a minimum of five years.

The penalties imposed pursuant to conviction can be enhanced if the domestic abuse battery involved strangulation, a dangerous weapon, or was committed in the presence of a minor child under the age of thirteen years.

Child Abuse and Domestic Violence

If domestic abuse occurs in the presence of a minor child thirteen years old or younger, the offender may also face child abuse charges under Louisiana law. This is considered a form of child endangerment. In some cases, the minor child may be removed from the home where the child presides and placed in protective custody.

Suspension of Sentence for Domestic Violence

The court may order a suspension of sentence for a domestic violence offense on the condition that the offender completes a batterer intervention program and complies with other court-ordered conditions, such as substance abuse treatment. This allows offenders an opportunity for rehabilitation while still holding them accountable for using force or violence.

Protective Orders

Victims of domestic violence can also seek a protective order from the court. A protective order is a court order that prohibits the abuser from contacting or harming the victim. It can also order the abuser to stay away from the victim's home, workplace, and child's school. A protective order can last for up to eighteen months and can be renewed for up to thirty years.

Obtaining a Protective Order

To obtain a protective order, the victim must file a petition with the court alleging that the respondent has committed domestic abuse and that the petitioner fears for their safety. The court will hold a hearing to determine whether to grant the protective order.

Violation of a Protective Order

Violating a protective order is a criminal offense in Louisiana. A first violation is a misdemeanor punishable by up to six months in jail and a fine of up to one thousand dollars. Subsequent offenses are felonies punishable by imprisonment for at least fourteen days and up to two years and a fine of up to one thousand dollars.

Additional Provisions Related to Domestic Violence

Louisiana law includes several additional provisions related to domestic violence:

Firearm Restrictions: A person convicted of domestic abuse or who has a protective order against them may be prohibited from possessing a firearm for up to ten years. Law enforcement can temporarily seize any firearms in the possession of the abuser during a domestic violence incident.
Confidentiality of Police Reports: Police reports related to domestic violence are generally confidential. However, there are some exceptions, such as if the report is needed for law enforcement purposes or if the victim requests that the report be released.
Cost Incurred by Victim: The court may order the abuser to reimburse the victim for any cost incurred as a result of the domestic violence, such as medical bills for emergency treatment room visits or a stay in a state operated hospital, counseling and property damage.
State-Funded Shelters: Louisiana has a network of state-funded shelters that provide safe haven and support services to victims of domestic violence and their children. These shelters are run by the state or similar political subdivisions.
Sexual Assault and Domestic Violence: Acts of sexual assault can be a form of domestic violence when committed by a spouse, intimate partner, or dating partner. This includes sexual battery, rape, and other forms of non-consensual sexual contact.
Mandatory Reporting: Certain professionals, such as health care providers, mental health counselors, and teachers, are required by law to report suspected cases of domestic violence. Failure to report can result in criminal penalties.

Seeking Help for Domestic Violence

If you are experiencing domestic violence, there are resources available to help you. You can call the National Domestic Violence Hotline at 1-800-799-7233 or visit their website for confidential support and information on local resources. You can also contact a local domestic violence shelter or advocacy organization.

What to Do During a Domestic Violence Incident

If you are in immediate danger, call 911. If you are not in immediate danger, but you believe you are a victim of domestic violence, here are some steps you can take:

Develop a safety plan that includes how to escape a violent situation and stay safe afterwards.
Collect evidence like pictures of injuries, reports, medical records from emergency treatment rooms or a state operated hospital, and protective orders.
Tell a trusted family member, friend, or clergy member about what is happening.
Contact a domestic violence shelter or advocacy organization for support and resources.

FAQs About Louisiana Domestic Violence Laws

What constitutes domestic abuse under Louisiana law, and who is considered a household member?

In Louisiana, domestic abuse is defined as the intentional use of force or violence committed by one household member against another household member. A household member includes family members, spouses, dating partners, and any person presently or formerly living in the same residence, such as a foster child. Domestic abuse can occur between individuals who have a child in common, regardless of whether they have ever lived together in the same residence.

How does an earlier conviction impact the penalties for a fourth or subsequent offense of domestic abuse battery?

If a person is convicted of a fourth or subsequent offense, and the earlier conviction occurred within the last ten year period, the offender faces significantly enhanced penalties. In such cases, the offender may be sentenced to imprisonment with hard labor for not less than 10 years and up to more than thirty years, without the benefit of probation, parole, or suspension of sentence. This heightened penalty reflects the severity of repeat offenses and aims to protect victims from further harm.

What additional penalties may be imposed if domestic abuse is committed in the presence of a minor child under thirteen years old?

When a court determines that an act of domestic abuse is committed in the presence of a minor child thirteen years of age or younger, the offender may face additional penalties. The court may consider this as an aggravating circumstance, potentially leading to increased fines, longer prison sentences, or mandatory participation in intervention programs.

If the offense occurred within the presence of a child, the incident of domestic violence can have lasting psychological and emotional impacts, and Louisiana law recognizes the need to protect children from exposure to such abuse.

How does Louisiana law address domestic abuse battery that results in serious bodily injury requiring emergency medical treatment?

If a domestic abuse battery incident results in serious bodily injury to the victim, requiring emergency medical treatment that prevents the victim from returning to work for thirty eight-hour days (the equivalent of 8-hour workdays), the offender may face enhanced penalties. In such cases, the offense may be charged as a felony, carrying the possibility of increased fines and longer prison sentences. This provision acknowledges the severe physical and financial toll that domestic violence can take on victims and seeks to hold offenders accountable for the harm caused.

Does Louisiana Have a Stand Your Ground Law?

lancerobinson@bellsouth.net (Lance Robinson) — Thu, 20 Jun 2024 21:09:04 GMT

In the United States, the concept of "Stand Your Ground" law has been a topic of intense debate and scrutiny. These laws, which vary from state to state, generally allow individuals to use force, including deadly force, to defend themselves without the duty to retreat when faced with a threat of a forcible felony involving danger.

In this article, we'll explore Louisiana's stance on Stand Your Ground law and what it means for the state's residents. We will also discuss the legal implications and considerations surrounding this controversial topic, including when it is legally allowed to use force in self-defense and claim self-defense.

Louisiana's Self-Defense Laws

Louisiana, like many other states, has laws that protect an individual's right to self-defense. The state's self-defense laws are outlined in Louisiana Revised Statutes 14:19 and 14:20. These statutes provide the legal framework for when and how force, including deadly force, can be used in self-defense to prevent a violent or forcible felony.

Louisiana Revised Statute 14:19 states that the use of force or violence is justifiable when committed to prevent a forcible offense against the person or an unlawful and forcible entry against property in a person's lawful possession, provided that the violence used is reasonable and apparently necessary to stop the unlawful action.

Louisiana Revised Statute 14:20 further elaborates on the justifiable use of deadly force. It states that a justifiable homicide is committed in self-defense by one who has a reasonable belief that he or she is in imminent danger of losing his or her life or receiving great bodily harm and that the killing is necessary to save himself or herself from that danger. The person using force must have a reasonable fear of imminent injury or serious danger to justify the use of lethal force for justifiable homicide.

The use of force in self-defense is not justified if the person is engaged in unlawful activity, such as a drug deal or other illegal acts. Additionally, if you have reasonable fear, or reasonable belief, the force used must be proportional to the perceived threat. Meeting force with excessive force may negate a self-defense claim.

The Castle Doctrine

Louisiana's self-defense laws include a provision known as the " Castle Doctrine ." This doctrine, derived from the common law principle that "a man's home is his castle," provides additional protections for individuals who use force to defend themselves in their own home, place of business, or motor vehicle.

Under Louisiana's Castle Doctrine, there is a presumption that a person using deadly force within their own home, place of business, or motor vehicle does so with a reasonable belief and in self-defense. This presumption applies when the person using force reasonably believes that the unlawful entry or intruder intends to commit a forcible felony involving life.

However, this presumption does not apply if the person using force is engaged in illegal activity, such as a controlled dangerous substance transaction, or if the intruder has a right to be in the dwelling place of business or motor vehicle (such as a resident or guest).

The Castle Doctrine extends the right to stand your ground and use force without retreating, even if a safe retreat is possible when faced with an unlawful intruder in one's home, place of business, or motor vehicle. This means that you don't have to try to escape the situation by leaving through another door or exit before resorting to using force to protect yourself, even if it's possible to safely do so.

Stand Your Ground in Louisiana

While Louisiana's self-defense laws provide strong protections for individuals who use force to defend themselves, the state does not have a specific "Stand Your Ground" law. In Louisiana, Stand Your Ground laws generally remove the duty to retreat before using force in self-defense, even if a safe retreat is possible when faced with the threat of a forcible felony.

However, Louisiana's self-defense laws, particularly the Castle Doctrine, embody the principles of Stand Your Ground defense. In Louisiana, individuals have the right to stand their ground and use force, including deadly force, to protect themselves or others from imminent danger or great bodily harm, without the duty to retreat. This applies not only in their homes but also in their place of business or motor vehicle.

It is important to note that even with Louisiana's Stand Your Ground provisions, the use of force in self-defense must still be due to reasonable belief and proportional to the perceived threat. The mere presence of a Stand Your Ground law does not give individuals a blanket right to use force without consequence. Factors such as the presence of a weapon, verbal threats, and the ability to retreat safely will be considered in determining the reasonableness of a self-defense claim.

Legal Considerations and Implications

The application of self-defense laws, including Stand Your Ground and the Castle Doctrine, can have significant legal implications. In Louisiana, as in other states, the use of force in self-defense is an affirmative defense . This means that if an individual is charged with a crime related to their use of force, they bear the burden of proving that their actions were justified under the state's self-defense laws and that they had a reasonable fear of imminent danger or great bodily harm.

The determination of whether an individual's use of force was reasonable and justified is often a complex and fact-specific inquiry that depends on a number of factors . Factors such as the severity of the perceived threat, the presence of a deadly weapon, verbal threat, the individual's ability to retreat safely, and the proportionality of the force used will all be considered in a self-defense claim.

It is also worth noting that Louisiana's self-defense laws apply not only to criminal charges but also to civil liability. An individual who uses force in self-defense may still face civil lawsuits from the person they used force against or their family members. In these cases, the same legal standards for justifiable use of force will apply.

If you find yourself in a situation where you have used force in self-defense, it is in your best interest to seek the advice of experienced criminal defense attorney Lance Robinson who can guide you through the legal process, help protect your legal rights, and ensure your best interests are represented, as you may face potential criminal charges.

Criticisms and Controversies

Stand Your Ground laws and the Castle Doctrine have been the subject of much criticism and controversy. Proponents argue that these laws protect the fundamental right to self-defense and deter criminal activity. They maintain that individuals should not be required to retreat in the face of a forcible felony and should have the right to defend themselves and their property.

However, critics argue that Stand Your Ground laws can lead to an escalation of violence and may encourage vigilantism. They contend that these laws disproportionately affect minority communities and can be used to justify racially motivated violence. Critics also point to cases where Stand Your Ground laws have been invoked in questionable circumstances, leading to controversial acquittals or decisions not to prosecute.

The debate surrounding Stand Your Ground laws and the Castle Doctrine is ongoing, and states continue to grapple with balancing the right to self-defense with concerns about public safety and the potential for abuse.

Conclusion

Louisiana's self-defense laws, including the Castle Doctrine and Stand Your Ground provisions, provide strong protections for individuals who use force, including deadly force, to defend themselves against the threat of a forcible felony, particularly in their own homes, place of business, or motor vehicle. Louisiana's Stand Your Ground law removes the duty to retreat before using force in self-defense when faced with imminent danger or the threat of great bodily harm.

The application of self-defense laws can have significant legal implications, both in criminal and civil contexts. The determination of whether an individual's use of force was reasonable and justified is a complex and fact-specific inquiry that depends on several factors and the circumstances of each case.

As the debate surrounding Stand Your Ground laws and the Castle Doctrine continues, it is essential for individuals to understand their state's self-defense laws and the potential consequences of using force. If you find yourself in a situation where you have used force in self-defense, it is crucial to seek the advice of an experienced criminal defense attorney who can guide you through the legal process, help protect your legal rights, and ensure your best interests are represented, as you may face potential criminal charges.

If you have any questions about Louisiana's self-defense laws, need legal assistance, or would like a free consultation, please contact New Orleans Attorney Lance J. Robinson. With his extensive knowledge of Louisiana law and the laws surrounding self-defense, he can provide the guidance and representation necessary to navigate this complex legal area.

Stand Your Ground Law FAQs

What is the difference between "Stand Your Ground" and the "Castle Doctrine" in Louisiana?

While Louisiana does not have a specific "Stand Your Ground" law, the state's self-defense laws, particularly the Castle Doctrine, embody similar principles. The Castle Doctrine allows individuals to use force, including deadly force, to defend themselves against an unlawful intruder in their home, place of business, or motor vehicle without the duty to retreat.

In contrast, "Stand Your Ground" laws generally apply to situations outside the home, removing the duty to retreat before using force in self-defense when faced with a forcible felony involving danger.

Can I use deadly force against someone forcibly entering my home in Louisiana?

Under Louisiana's Castle Doctrine, you may use deadly force against an unlawful intruder if you reasonably believe that the intruder intends to commit a forcible felony involving life or great bodily harm. However, this presumption does not apply if you are engaged in illegal activity, such as a drug deal, or if the person forcibly entering your home has a right to be there (e.g., a resident or guest).

What factors are considered when claiming self-defense in Louisiana?

When claiming self-defense in Louisiana, several factors are considered to determine if the use of force was reasonable and justified. These factors include the severity of the perceived threat, the presence of a deadly weapon, verbal threats, the ability to retreat safely, and the proportionality of the force used to meet the unlawful force. An experienced criminal defense attorney such as Lance J. Robinson can help assess your specific situation and build a strong self-defense claim.

Can I stand my ground and use force if I am unlawfully detained by police officers in Louisiana?

No, Louisiana self-defense laws do not justify the use of force against police officers who are acting in the course of their duties, even if you believe you are being unlawfully detained. Resisting arrest or using force against law enforcement is a separate crime and does not fall under the protection of self-defense laws.

What is Lewd Conduct in New Orleans? A Clear Explanation of the Law

Sat, 23 Mar 2024 03:51:33 GMT

If you're a resident or visitor in New Orleans, you must understand the local laws, including those regarding offenses related to any lewd acts or conduct. While the term "lewd conduct" may seem vague or subjective, it has a specific legal definition under the New Orleans Municipal Code . Engaging in behavior that falls under this definition can lead to serious criminal charges ranging from fines to jail or prison time.

In this article, we'll break down exactly what constitutes lewd conduct in New Orleans, according to the letter of the law. We'll provide clear examples of actions that could be considered lewd conduct, so you know what to avoid. We'll also discuss the potential penalties for a lewd conduct conviction, and criminal charges which can include not only bing arrested, fines and imprisonment but also order you to register as an offender in some cases.

By the end of this article, you'll have a thorough understanding of the lewd conduct law in New Orleans. This knowledge can help you steer clear of any lewd behavior, that could get you in legal trouble, and make informed decisions if you or someone you know is facing charges. Let's dive in and demystify this important aspect of New Orleans law.

What Does New Orleans Law Say About Lewd Conduct?

Under the New Orleans Municipal Code Sec. 54-254 , lewd conduct is defined as "any indecent or obscene act which is offensive to public morals or decency." The code goes on to provide some specifics about what types of actions fall under this definition.

According to the penal code, lewd conduct includes "the commission of any of the following acts in a public place or any place open to the public view:

An act of sexual intercourse;
An act of deviate sexual intercourse;
A lewd exposure (indecent exposure) of the body done with intent to arouse or to satisfy the sexual desire of the person;
A lewd fondling or caress of the body of another person; or
A lewd act of urination or defecation."

Let's break down some of the key terms here. "Deviate sexual intercourse" is defined in the penal code, as "any sexual act involving the genitals of one person and the mouth or anus of another person." A "lewd" act is obscene or indecent.

Importantly, for an act of sexual gratification to be considered lewd conduct under the penal code, it must occur in public or because of the public. This means that sexual acts, indecent exposure or nudity in the privacy or secluded area of your own home would not be illegal behavior under this particular statute.

The law also specifies that exposing one's body can be considered lewd behavior if it's done with the intent to sexually arouse oneself or others. So, brief nudity without sexual intent, such as quickly changing clothes in a public restroom, likely wouldn't be prosecuted with a lewd conduct charge, arrested and get you on the offender list or in jail, state prison, etc.

Examples of Actions That Could Be Considered Lewd Conduct

To understand how this law may be applied, it's helpful to look at some concrete examples of behavior that could potentially be charged as lewd conduct in New Orleans. Keep in mind that this isn't an exhaustive list and the specific circumstances of each case will affect whether charges are pursued by New Orleans authorities.

Public sexual intercourse : Having sex in a public park, on the beach, in an alleyway, or a car parked on a public street could all be considered lewd conduct.
Public exposure of genitals or buttocks : Flashing one's private parts, mooning, or streaking in public could lead to lewd conduct charges. This includes exposing oneself on balconies or in windows visible from public thoroughfares.
Groping or fondling another person in public : Touching someone's buttocks, breasts, or genitals in a lewd manner, sexually gratifying without their consent, such as on public transit or in a crowded bar, could result in lewd conduct charges in New Orleans Legal System.
Public urination or defecation : Relieving oneself in public instead of using a restroom, whether on the street, in an alley, or a park, could be prosecuted as lewd conduct.
Obscene gestures or language : Making overtly sexual gestures or shouting explicit obscenities in public, if deemed offensive enough, could potentially be considered lewd.

It's important to note that context matters in these cases. Breastfeeding in public, for example, is expressly allowed under Louisiana law and would not be considered lewd. Similarly, some degree of nudity or racy behavior may be tolerated during Mardi Gras celebrations that wouldn't be acceptable on an average day (although it is still against the law and could lead to arrest).

However, in general, it's best to remain on the side of caution. Keep overtly sexual behavior in private spaces, use restrooms for their intended purposes, and be mindful of consent and public decency. If you're uncertain whether something would be considered lewd behavior and conduct, it's advisable to refrain from doing it in a public place.

Furthermore, if you do get unknowingly caught up in a misdemeanor offense and/or a lewd conduct charge, be certain to contact a New Orleans lewd conduct lawyer to assess your crime and aim for reduced charges.

Penalties for Lewd Conduct in New Orleans

The result of a lewd conduct conviction in New Orleans can be severe, even more so than other cities. Under Section 54-25 of the Municipal Code, misdemeanor offense of lewd conduct is punishable by up to one year and up to six months in jail and/or a fine of up to $500 with potential community service. However, the penalties don't stop there for a lewd conduct case.

If the lewd conduct involves exposing one's genitals to a person under the age of 17, the crime becomes a felony under Louisiana state law (RS 14:106) . This is criminal offense punishable by up to three years in state prison or parish jail and a fine of up to $2,500. Repeated offences can lead to even longer sentences with potential community service.

In some cases, a lewd conduct misdemeanor conviction can also result in the requirement to register as an offender. This can have lifelong consequences, affecting where you can live and work ability to obtain a professional license. For non-citizens, a lewd conduct charge can also have serious immigration consequences, potentially leading to deportation.

Even if you avoid jail time, having statutory rape or a lewd conduct charge on your criminal record can make it harder to find employment or housing. Many employers and landlords conduct background checks and may be hesitant to hire or rent to someone with a sex-related offense and/or a felony sex crime.

Defenses Against Lewd Conduct Charges

If you are charged with lewd conduct in New Orleans or the surrounding area, it's essential to understand your rights and potential defenses with an attorney. Some common defenses against lewd conduct charges include:

Lack of intent : If your actions were not intentionally sexual or obscene, this can be a defense. For example, if you were urinating in public due to a medical condition or lack of available restrooms.
Insufficient evidence : The prosecution must prove beyond a reasonable doubt that you committed lewd conduct. If there is a lack of evidence, or if the evidence was obtained illegally, this can be grounds for dismissal of your lewd conduct charge.
Constitutional challenges : In some cases, lewd conduct laws may be challenged on constitutional grounds, such as freedom of expression or vagueness of the statute.
Mistake of fact : If you reasonably believed your actions were not public or lewd, this can be a defense in your lewd conduct case. For example, if you believed you were in a private area or that no one could see you.

However, it's important to note that these lewd act defenses are not always applicable or successful in criminal cases. The best way to avoid a conviction for lewd conduct violations is to not engage in any lewd acts, conduct violations or act out behaviors that could potentially be considered lewd acts and/or related offenses.

What To Do If You're Charged With Lewd Conduct in New Orleans

If you are arrested or charged with lewd conduct, the most important thing is to exercise your right to remain silent. Do not try to explain your actions or argue with the two police officers. Anything you say can be used against you in court.

Your next step should be to contact an experienced criminal defense attorney as soon as possible. Look for an attorney who has specific experience handling lewd conduct cases and sex crimes. Your attorney can advise you on the best course of action and start building your defense with their law office.

It's crucial, to be honest with your attorney and provide them with all the details of your case. However, avoid discussing the specifics of your case with anyone else, including friends or family members. Communications with your attorney regarding court costs are protected by attorney-client privilege, but conversations with others surrounding your lewd conduct violations are not.

If you are released on bail, it's essential to show up to all required court appearances or an arraignment date and follow any conditions set by the court system, such as avoiding certain areas or people. Failure to appear in court for lewd acts charges can result in additional charges, court costs and penalties that you and your attorney will have to deal with.

Understanding Lewd Conduct Charges and How Attorney Lance J. Robinson Can Help

Lewd conduct charges in New Orleans are serious matters that can result in significant penalties, including jail time, fines, inability to obtain a professional license and sex offender registration. The New Orleans Municipal Code defines lewd conduct as any indecent or obscene act in public that is offensive to public morals or decency. This can include public sexual gratification, sexually aroused acts, public toilets, indecent exposure of genitals, groping, statutory rape, public urination, and obscene gestures or language in a public place - all considered to be lewd acts and a felony.

If you are facing lewd conduct charges, it's crucial to understand your rights and potential defenses. Contacting an experienced criminal defense attorney should be your top priority. However, the best way to avoid these serious consequences is to refrain from any behavior or sexual desires that could be considered lewd acts and a felony in the first place.

Remember, if you or someone you know is charged with lewd conduct/behavior in New Orleans, Attorney Lance J. Robinson is available 24/7 for a free legal consultation through his law office. You can call or text him at (504) 427-6210. Don't face these serious lewd act charges alone – get the experienced attorney and legal help you need.

FAQs About New Orleans Lewd Conduct Laws

Is public urination considered lewd conduct?

Yes, public urination is specifically listed in the New Orleans Municipal Code as an example of lewd conduct. If you are caught urinating in a public place, you could face charges.

Can I be charged with lewd conduct for being naked in my own home?

Generally, no. The lewd conduct law applies to sexual arousal in public places or places in public view. If you are naked inside your home and not visible to the public, it would not be considered lewd conduct. However, if you are exposing yourself in front of an open window or on a balcony where others can see you, you could potentially face charges.

What should I do if I witness someone engaging in lewd conduct?

If you see someone engaging in behavior that you believe is lewd conduct, do not confront them yourself. Instead, find a safe place and call 911 to report the crime to the police. Provide as many details as you can, such as the location, description of the individual(s), and the specific behavior or actions you witnessed.

Can I be convicted of lewd conduct if no one saw me?

It depends on the circumstances. If there is other evidence that you engaged in lewd conduct, such as video footage or physical evidence, you could potentially be convicted even if no eyewitnesses come forward. However, to plead guilty, the prosecution would need to prove beyond a reasonable doubt that you committed the crime and the lewd acts suggested.

Answers to Common Questions About New Orleans Traffic Tickets

Fri, 16 Feb 2024 00:00:00 GMT

Dealing with traffic tickets and potential driver’s license suspensions can be stressful, confusing, and costly. As a New Orleans driver, you probably have a lot of questions about the fines you owe, what happens if you miss a payment or court date, whether your insurance will skyrocket, and how to reinstate your license if suspended.

As a New Orleans traffic ticket attorney, Lance J. Robinson has helped hundreds of drivers resolve their traffic ticket and license suspension issues. Here he answers the most frequently asked questions about:

Speeding tickets fines and penalties

Moving violations

Driver's license suspension lookups

Contesting tickets in court

Reinstating suspended driver's licenses

How tickets affect insurance rates

How Much is a Speeding Ticket in New Orleans?

Getting pulled over and seeing those red and blue lights is never a welcome sight. And then comes the anxiety wondering how much your speeding ticket is going to cost. So, how much are fines for speeding tickets in New Orleans?

The specific fee for a speeding ticket depends on a few factors:

How much over the speed limit you were traveling : Fines vary based on how much in excess of the posted speed limit you were driving. The table below shows the fine amount based on the speeding violation.

First vs. subsequent offenses : Running afoul of traffic laws for the first time leads to smaller fines than repeat offenses. Drivers reported going as fast as 100 mph in a 55 zone get hit much harder if they already have speeding tickets in their history.

Location of violation : Speeding fines can differ based on if the violation happened on local city streets, highways, school or construction zones. Fines are typically higher for school zones.

Court and administrative fees : In addition to the base speeding ticket fine, you may end up paying more in fees and court costs added on to the citation.

What Happens If You Don't Pay Your New Orleans Traffic Ticket?

You got caught in a speed trap and now have a shiny new traffic ticket in hand. Can you just ignore it or stash it away unpaid? Absolutely not! Traffic tickets and citations in Louisiana require mandatory action within 15 days, or things spiral quickly:

Late Fees

Most jurisdictions add a late fee around $15-30 if you don’t pay the traffic ticket after 15 days. Trying to skirt the fine will just cost you extra.

Driver’s License Suspension

If fines and late fees remain unpaid after 60 days, your license gets automatically suspended by the Office of Motor Vehicles until resolved. This also applies if you miss the court date printed on the citation.

Registration Suspension

Still not paying up after 90 days? The Office of Motor Vehicles will suspend your vehicle registration next, meaning you can’t legally drive that car at all.

Warrant for Your Arrest

If you somehow make it 6 months to a year ignoring that speeding ticket, eventually a warrant is issued for your arrest. Get pulled over again or have a police encounter, and you will wind up in handcuffs over simple traffic fines.

Clearly, it’s critical to act fast on traffic citations as penalties compound quickly. Your best move is resolving them immediately through payment, a traffic school request, or fighting the ticket in court. Don’t become a wanted criminal hiding from meter maids--take responsibility for your New Orleans traffic tickets.

Will My Insurance Go Up After a Speeding Ticket and If So How Much?

That $150 speeding ticket suddenly feels like small chage when your car insurance company says your rate is nearly doubling at renewal. But, can they legally do that?! Unfortunately, insurance hikes are common ramifications of moving violations, but not inevitable. Here's what to expect:

Insurance rates can and likely will increase

Car insurance companies view drivers with recent speeding tickets or accidents as riskier and more expensive to insure. State regulations allow basing rates largely on driving records. One ticket means you are statistically more prone to future violations and claims in insurers' eyes.

Possible rate hike between 15-45% on average

Industry data shows average insurance rate increases between 15-45% after just a single ticket for a moving violation like speeding, running a red light, improper lane change etc. On average, insurance rates increase 22% after any traffic violation.

Multiple variables determine how much rates increase

How much your insurance premium might rise depends on your current policy limits, driving history prior to the ticket, specific violation type, and insurer practices in your state. Expect bigger impacts for major violations vs minor infractions. Shopping insurance policies can minimize the damage too.

Insurance spikes hurt, but going to traffic court to potentially dismiss that ticket or enrolling in defensive driving can help reduce or avoid the insurance premium penalties down the road. Remember, speed kills great insurance rates, so be sure to watch your speed around New Orleans.

How to Get Out of Paying a Speeding Ticket in New Orleans

Got tagged for speeding and don't have room in the budget for a pricey ticket? Or worse, you believe you were unfairly accused? Don't worry, you still have options to avoid fines and a possible suspension. Here are four ways to get out of paying a speeding ticket:

1. Plead not guilty and request a court hearing

You have 15 days from the ticket issue date to request a hearing in traffic court to fight the charges. Gather any evidence, like photos of missing speed limit signs on the road, and practice what you will say to the judge. Make your case for dismissal if errors or lack of proof on the citation.

2. Request traffic school / defensive driving

For minor speeding offenses without aggravating circumstances, you may be eligible to attend traffic school in exchange for ticket dismissal. This online or classroom defensive driving course costs starting from as low as $30 and avoids a moving violation on your record.

3. Negotiate with the prosecutor

Meet with the prosecutor before your hearing date and politely ask for ticket reduction or driving school vs. fines and a damaged record. Bring evidence to strengthen your case if wrongly accused.

4. Hire a traffic ticket attorney

Your best shot is having a lawyer negotiate ticket dismissal or reduction of charges prior to court. Traffic ticket attorneys like Lance J. Robinson know how to navigate the system and handle negotiations with judges and prosecutors seeking convictions. Though lawyers aren't free, saving hundreds on your ticket or increased insurance premiums makes their fees well worth it.

How to Contest a Speeding Ticket in New Orleans

You got a speeding ticket but swear you weren’t exceeding the limit or have other grounds to contest it. Thankfully for you, Louisiana law provides ways for drivers to fight traffic citations in court. Here are tips on contesting a speeding or traffic ticket in Louisiana:

Request court hearing within 15 days

After receiving a traffic ticket in Louisiana, you have 15 calendar days to request a hearing before the court to contest it according to state law.

Instructions for requesting a hearing should be printed on the actual ticket or available from the court clerk. Act fast!

Gather evidence to fight the ticket

Build your case by taking photos of the area where you were pulled over, capturing proof of your actual speed if possible, subpoenaing the officer’s notes, locating witnesses, etc. The more evidence the better when contesting a citation. Consult your parish court on formats accepted.

Consider hiring a traffic ticket attorney

Traffic ticket attorneys such as Lance Robinson have expertise navigating local courts and negotiating with prosecutors which greatly helps get tickets dismissed or fines lowered. Legal fees generally cost less than the ticket itself.

Try negotiating with the prosecutor before court date

Meet with the prosecuting attorney, explain why the ticket should be dismissed, and provide any evidence. Negotiate a reduction or plea bargain to lesser charges ahead of trial. Over half of tickets get negotiated this way.

Don’t just pay a questionable ticket! Follow the steps above to contest that speeding citation or unauthorized red light camera ticket in Louisiana traffic court. Justice could be on your side.

How to Get a Speeding Ticket Dismissed in Court

You decided to contest that speeding ticket and now your court date is coming up. How exactly do you convince the judge to dismiss the ticket and waive any fines? With the right evidence and approach, you can get a good outcome. Here are tips to effectively argue your case in traffic court:

Gather evidence to refute the charges

Use photos, videos, bank/credit card statements, cell logs and witness testimony to prove your innocence. Common examples include proving you weren't speeding by sharing phone GPS data showing slower speeds, or providing store receipts showing you were miles away when ticketed.

Dress professionally and remain polite

You will be taken more seriously if properly groomed vs wearing shorts and flip flops. Judges hear excuses all day, so an antagonistic tone makes dismissal unlikely. Kill them with courtesy and facts instead.

Highlight mitigating circumstances

Provide context if you believe the speed limit abruptly changed, weather conditions were hazardous, signs unclear etc. These environmental factors could justify a traffic stop without assigning full blame.

Request driving school vs. fines

If actual speeding occurred but you want to avoid insurance hits and fines, request traffic school eligibility based on a clean driving history. Make your case for why you deserve defensive driving only.

Plead for mercy if the verdict seems set

If efforts fail to dismiss, make an appeal that the maximum penalties would cause financial hardship. Ask the judge to waive court fees at least, promising you learned your lesson.

With the right evidence and polite persistence, you can still get traffic ticket fines and penalties waived in court. Hiring a traffic ticket attorney vastly improves your chances as they know how to work the system.

What is Considered a Moving Violation in Louisiana?

A moving violation is defined as any traffic offense committed while operating a motor vehicle. This includes both minor and more serious violations.

Some of the most common moving violations in Louisiana are:

Speeding

Running red lights and stop signs

Improper lane changes or turns

Tailgating

Reckless driving

Failure to yield right of way

Improper passing

Using a cell phone while driving

Failure to obey traffic signals or officers

Does Louisiana Have a Points System for Moving Violations?

Louisiana does not use a point system to track driving offenses. Instead, the state categorizes violations as either reported or unreported to your driving record .

For example, if you plead guilty to a speeding ticket by paying it, the court automatically submits that violation to the Louisiana Department of Motor Vehicles (DMV). This impacts your driving record visible to insurance companies, who may raise premiums based on offenses.

Examples of moving violations defined by the state of Louisiana, which can lead to penalties such as fines, license suspension , and increased insurance rates, include:

DUI (blood alcohol over 0.08%)
Failure to yield or signal
Reckless/careless driving
Disregard of traffic signs

DUI penalties can suspend licenses for up to a year even without conviction. Other moving violations incur predetermined fine amounts. Though Louisiana has no point system, these violations still appear on driving records. Based on the offense, additional consequences may include:

Fines
License suspension
Jail time

Insurers access driving records and likely raise premiums in response.

Violations Impacting Licenses

Violations potentially causing suspension include:

DUI
Vehicular manslaughter
Reckless driving
Negligent vehicular homicide
Leaving accident scene after injury/death

Fortunately, records clear in 3-10 years typically. But violations actively influence insurance rates for up to 10 years. Checking your record helps understand premium costs.

How to Check If Your Louisiana Driver’s License is Suspended

Wondering if your license is suspended in Louisiana? Unfortunately it’s a common issue, with over 250,000 licenses suspended annually in the state. Falling behind on traffic ticket payments or missing a court date can easily trigger suspensions. Here’s how to check your license status:

Check online

The fastest way is to use the Louisiana Office of Motor Vehicles Online Services and click on the Driver’s License Status link. You will need your driver’s license number and the last 4 numbers of your social security number.

Call the OMV

You can call the Louisiana Office of Motor Vehicles at 225-925-6146. Provide your name, birth date and driver's license number to check license status and learn next steps if suspended. Expect long hold times.

Look for suspension warning signs

If you missed traffic court appearances or are behind on citation payments, you may already suspect your license got suspended. Unpaid tickets and notices piling up, calls from collections agencies, and law enforcement/court correspondence are signals as well.

Check your mail

The Office of Motor Vehicles is required to provide written notice via postal mail if your license is suspended or revoked. So if you forgot about that traffic court date years ago, you likely have paper confirmation sitting unopened somewhere.

Reviewing your license status online or by phone is step one. Next you need an action plan to get reinstated before driving privileges are permanently lost.

How to Reinstate a Suspended Louisiana Driver’s License

Due to several unpaid traffic tickets, missing a court date, canceled auto insurance, or falling behind on child support payments, your Louisiana driver's license just got suspended. Now the OMV (Office of Motor Vehicles) wants payment of a hefty reinstatement fee before they reissue your license. Is there any way around this penalty and fees? Let’s explore your options.

1. Pay outstanding traffic ticket fines and reinstatement fee

If you have unpaid traffic tickets or missed court dates, resolve those violations through the jurisdiction’s traffic court first. Then pay the license reinstatement fee at expresslane.org.

2. Provide mandatory auto insurance proof

Louisiana participates in the Driver’s Insurance Database. Your auto insurance company automatically reports policies to this database, visible to OMV. Lack of reported policy will suspend your license, requiring new proof of insurance before reinstatement.

3. Retake road test or vision exam

For prolonged license suspensions or serious offenses like a DUI, you may have to pass the written and road driving tests again before approved to drive. Vision tests are also commonly required. Complete any OMV exam requirements.

4. Use online License Reinstatement services

Once you clear all necessary fines, insurance proofs, and tests, reinstatement is easy through the state’s online License Reinstatement service at expresslane.org. Just login 24/7 for digital processing and printing of your temporary license until the card arrives by mail.

Summary of Key Takeaways

Getting a traffic ticket isn’t exactly how you want to spend your time or hard-earned money whether you’re a Louisiana driver or a tourist. But now that you’ve read this guide’s most commonly asked questions about traffic citations, license suspensions, insurance impacts, and your options, hopefully you feel empowered. Let’s recap:

Traffic fines quickly stack up between base ticket costs, fees, and late penalties - so act fast!

Moving violation tickets, if not addressed, could lead to possible license suspension

Check license status online and rectify problems before illegally driving

From traffic school to evidence contesting, you have defense options against unfair tickets

Insurance will nearly always increase rates after moving violation tickets

Unpaid tickets can fast-track license suspension, the impounding of your vehicle, even arrest!

A traffic ticket attorney’s expertise is invaluable navigating this convoluted system and process

No one expects or sets aside hundreds of dollars for surprise traffic tickets. But now that you know what to expect and proactive steps to take, you can save money, avoid suspensions, and keep insurance affordable despite mistakes on the road.

Slow down, drive safely, and breathe easier by leaning on attorney guidance if you receive a ticket citation.

Contact New Orleans Traffic Ticket Attorney Lance J. Robinson for Assistance with Your New Orleans Traffic Ticket

Dealing with traffic tickets, potential license suspensions, and rising insurance rates can be stressful. But you don’t have to tackle it alone or enter the intimidating court system unaware of the complex processes.

Attorney Lance J. Robinson has successfully helped hundreds of New Orleans drivers just like you fight tickets in court, restore suspended licenses, and maintain reasonable insurance rates.

With deep expertise in traffic law and professional relationships with judges and district attorneys, Lance levels the playing field for citizens against overzealous ticketing. He works diligently to dismiss unfair citations or negotiate reduced charges to protect your driving record and insurance premiums.

If you have received a traffic ticket, missed a court date resulting in suspended license, or seen insurance premiums skyrocketing after a moving violation in the New Orleans region, please reach out for legal guidance and representation.

Lance will evaluate your unique situation, charges, evidence, and history to build the strongest case for a positive outcome. But please don't delay--as more time passes, the system works against you with late fees and escalating penalties.

Call 504-427-6210 or complete our simple online contact form to schedule a free initial consultation today.

Things You Can and Can't Get Arrested For in New Orleans

Fri, 12 Jan 2024 17:27:57 GMT

New Orleans is famous for its lively culture, vibrant nightlife, festive parades, and indulgent food and drinks. With celebrations happening year-round, but especially leading up to Mardi Gras, visitors often wonder, “What exactly can I get away with here?”.

Laws do still apply in the Big Easy. While police tend to take a relaxed approach to minor offenses, there are actions that could result in fines or even arrest if you take things too far.

This article covers some of the most frequently asked questions about what is and isn't allowed in New Orleans from a legal perspective. Keep in mind laws may be enforced differently from neighborhood to neighborhood. We want to keep the good times rolling - safely and responsibly - for residents and visitors alike.

Can I get arrested in New Orleans for being drunk in public?

Can I get arrested in New Orleans for urinating in public?

Can I get arrested in New Orleans for walking with an open container of alcohol?

Can I get arrested in New Orleans for flashing my breasts during Mardi Gras?

Can I get arrested in New Orleans for climbing on a monument or structure to take a picture?

Can I get arrested in New Orleans for wearing a skimpy outfit?

Can I get arrested in New Orleans for possessing or smoking marijuana?

Can I get arrested in New Orleans for being too loud?

Can I get arrested in New Orleans for selling or performing on the street without a permit?

Need Legal Assistance in New Orleans? Contact Attorney Lance J. Robinson

Why Choose Attorney Lance Robinson?

How Can I Get Someone Out of Jail in New Orleans

Thu, 17 Jun 2021 12:10:49 GMT

New Orleans is thought of as a festive location, and that's not without merit. Known globally for Mardi Gras, New Orleans is known in the US as the party city that celebrates roughly 200 festivals a year. The birthplace of Jazz and cocktails provides entertainment of all kinds, most notably at night, where visitors can dance, sing, and join in on the extravagant activities in the clubs and bars along Bourbon Street.

Consequently, thousands of tourists flood New Orleans every year, some under the impression that the regular rules don't apply. Consequently, these individuals may take their partying too far. Even when festivals are in full swing, the law still applies, and what constitutes public drunkenness in New Orleans is for the arresting officer to decide.

Visitors should remain mindful of this, lest they are placed under arrest and thrown in jail, sometimes through no fault of their own. New Orleans police officers are highly attuned to unrest of any kind, and there’s always a risk you may get caught up in events that are beyond your control.

If you visit New Orleans and your travel companion is arrested and thrown in jail, you may need to post bail and secure their release. Either way, the charged individual will be assigned an arraignment date and then a trial date. Your friend or family member will need a New Orleans defense attorney with extensive knowledge of the intricacies of the legal system in New Orleans.

How to Stay Out of Legal Trouble

The best way to stay out of legal trouble in New Orleans is by being a law-abiding citizen just like you would anywhere else:

Do not drink and drive under the influence
No speeding
Do not give the appearance of public intoxication (people can be wrongfully arrested for public intoxication, so you mustn’t overact in public, even if you're just having fun)
Do not disturb, or give the impression of, disturbing the peace
No criminal trespassing
Do not cause criminal damage to private property
Do not engage in physical violence

What to Do if Someone Does Go to Jail

Going to jail can be overwhelming for the person arrested, but it also affects their friends and travel companions. The first question will be how to get the arrestee out of jail. This problem looms even larger for arrested individuals from out of state who can't meet bond.

The first thing to do is enlist an experienced New Orleans criminal defense attorney . The Law Office of Lance J. Robinson can assist in protecting the rights of the arrestee and guide friends and family through the procedures of posting bail and making court appearances. Where possible, let Lance appear in court on behalf of your friend or family member.

The attorney can request the release of the client for non-violent offenses. This simply requires the defendant to sign a personal surety bond that they will return to court for a trial when they are notified and does not require anyone to post bond. With a personal surety bond, your attorney will appear in court on the defendant's behalf, entering a plea of not guilty. This allows out-of-town clients to return home without making continual trips back to New Orleans.

If the client cannot post the entire cash bond, the attorney can arrange for a licensed bail bond agent to post a commercial surety bond or a property bond, which is useful if the defendant cannot come up with the entire amount in cash.

Have Fun in New Orleans, But Remain Vigilant

Tourists who get into legal trouble in New Orleans will need legal expertise on the ground. The Law Office of Lance J. Robinson brings more than 25 years of experience in municipal, criminal, and traffic courts in New Orleans and surrounding areas. We have defended over 2,400 clients, both local and those from out-of-town, so we understand the complexities of dealing with a court case in a city you don’t live in.

Whenever possible, we appear in court on your behalf, so you may never have to step foot inside a courtroom. Contact our law firm today for a free consultation.

If I Have Been Arrested in New Orleans, What Should I Do Next?

Thu, 17 Jun 2021 11:53:35 GMT

New Orleans can be overwhelming when it comes to festivals, nightclubs, and bars, especially in the French Quarter. It is easy to get caught up in the fun, but if you’re not cautious, your antics could result in arrest.

While the city is known for its party atmosphere all year round with well over 130 festivals annually, staying within the law is still essential. Here is what you can do if you get arrested in New Orleans, LA.

New Orleans Tourists Should Beware of These Charges

Tourists may be accused of crimes they did not commit due to large crowds and excess noise in New Orleans. You may also be charged on behalf of everyone in your group if the police witness even one member of the group acting carelessly. Some of the charges you may face are:

Drug Charges

Police might charge you with drug possession if the officer sees a drug container on the ground and you happen to be the closest person to it. If drugs were kept in several containers, you could still be charged with intent to distribute even when you're simply passing through the city as a tourist.

Resisting Arrest

The police may use the charge of resisting arrest to justify your arrest, for instance, by saying that you were slow to respond to their reaction to another potential discretion, resulting in the ability to arrest you for resisting.

Open Alcohol Containers

In New Orleans, some travelers find the open containers law confusing. While the city does not have the most substantial restrictions on the use of open containers, it does require that all alcohol be consumed in plastic cups on public streets and sidewalks in areas such as the French Quarter. In addition, drinks in metal and glass cups cannot be taken outside the premises of establishments serving alcohol.

What Happens After You Get Arrested in New Orleans?

In any criminal arrest, the circumstances and charges are unique to the situation, but there is a general procedure that you and your attorney will follow. Here is what happens after you get arrested in New Orleans.

First Appearance and Bond Hearing

You will have your first magistrate court appearance within 48 hours of being arrested. The judge will consider whether there is probable cause for the charge(s), the bond amount and if a public defender will be appointed .

During the hearing, the judge will ask a few questions about your income and dependents. If the judge deems that you can afford a private attorney, they will advise you to hire one. Should you be unable to post the bond, you will remain in jail until the case is over, or the district attorney may refuse to file charges.

If a bond is posted, you will be released until your arraignment . A judge, magistrate, or commissioner will preside over the arraignment.

Arraignment

An appointed official such as a judge, magistrate, or commissioner tells you of the charges against you and your rights if you cannot afford a lawyer. It is then up to you to decide whether to plead guilty or not guilty usually with the assistance of a public defender who stands in solely for the purposes of arraignment. Thereafter your case goes the court system of a status date, pretrial date and then a trial date.

When you hire the Law Office of Lance J. Robinson before the arraignment, you do not need to attend the court date for a misdemeanor; your appearance may be waived in some courts by filing a notarized affidavit confirming you allow your legal counsel to represent you at the arraignment hearing.

Trial in Absentia in Louisiana

Courts in Louisiana can conduct misdemeanor trials in your absence, called a trial in absentia . This procedure permits an attorney to represent an accused person in court without the accused person being present.

Tourists may find this beneficial since they save money on airfare, hotel accommodations, and meals when they return to face charges. However, only a judge can decide whether a trial in absentia is appropriate, and that decision will be based on various factors. These include:

Severity of Charges

If you commit a crime of enough severity or one that is enhanceable, a judge may require your appearance at all court proceedings. If you have been charged with a serious crime, you may not be allowed to leave New Orleans, even if you are released pending trial.

Criminal Charges in Another State

Crimes committed in other states can have repercussions. For example, having unresolved charges in another state might lead to you being detained or extradited if the crime committed there was serious enough.

A judge can also hold a trial in absentia if your criminal charge is for a simple misdemeanor. In this case, you may be tried, arraigned, or plead guilty in your absence. Therefore, it is critical to have an experienced criminal defense attorney on your side to achieve the best possible outcome in your case.

A New Orleans Criminal Defense Attorney Can Help You

The circumstances of your case may permit you to avoid most or all of your court appearances. However, if you are convicted, you may have to appear in court to receive your punishment. For this reason, you should hire a criminal defense attorney in New Orleans who can help you have your charges dismissed.

Other advantages of working with a reputable New Orleans attorney include:

Delay

Taking more time to gather vital information can help you, and your criminal defense attorney put together a stronger case, which may reduce the risk of going to trial.

No Need to Show Up in Court

The circumstances of your case may permit you to avoid appearing in court. Your attorney can work on your behalf and keep in touch with you as your case continues.

Contact a Criminal Defense Attorney in Louisiana

Before you testify in court or answer any questions from law enforcement, it is in your best interest to consult with an attorney. If you haven't been formally charged yet, it’s an opportune time to talk strategy with your lawyer.

We can protect you from police scrutiny and arrange to interview your witnesses as soon as possible. If you wish, we can contact your family and friends on your behalf. Contact the Law Office of Lance J. Robinson if you need help navigating the legal processes following an arrest.

If I Have a Pending Misdemeanor Charge in New Orleans, Do I Need an Attorney?

Thu, 17 Jun 2021 10:51:48 GMT

Each state has its own classification for crimes, and depending on where you are; they can result in various forms of prosecution. In Louisiana, there are two main classifications for criminal activity: misdemeanors and felonies.

In general, felony charges are for more serious crimes, with offenders facing fines of more than $1,000 and prison sentences of over a year (in state prisons). Misdemeanors are classified as all other crimes that are not considered felonies. They aren't punishable by more than a six months prison sentence.

Receiving notice for a pending misdemeanor is never something you wish to happen. While misdemeanors aren't seen as serious crimes, you could experience life-changing punishments that appear on your criminal record if convicted. Facing these charges as a resident in another state creates even more obstacles as the legal process and penalties may be quite different from your home state. If you have an out-of-state pending misdemeanor charge in New Orleans, seek legal representation immediately.

Each offense is punishable by its own penalties, which can be found in the Louisiana Revised Statutes, Title 14 . This makes it very important to have a knowledgeable legal team to help fight the case.

Types of Misdemeanors

According to Louisiana law, a misdemeanor is a crime that isn't regarded as a felony . If you’ve been arrested for a misdemeanor while you’re visiting New Orleans, you may have to post bail or attend multiple court hearings. These legal responsibilities can be expensive and stressful to deal with, particularly if you’re unfamiliar with the out-of-state criminal justice system. A local attorney is always better positioned to assist with navigating these processes while building a strong defense.

There are different variations of misdemeanors according to Louisiana State law. However, some types of misdemeanors are more common for tourists. For example, suppose an Atlanta football fan visits New Orleans for a Saints game and is arrested for assault during a stadium brawl. In that case, they can be charged with a misdemeanor in Louisiana.

Louisiana may also have jurisdiction over misdemeanors if the accused has never entered the state. This is generally related to crimes committed online or over the phone.

Common examples of misdemeanors by people visiting New Orleans include:

Cyberbullying (abuse via the internet.) This is punishable by up to 6 months in jail, and the accused may be subject to a $500 fine.
Petty or auto theft where the stolen goods amount to a value under $1,000. If convicted, the accused faces up to a 6-month jail sentence and may receive a fine of $1,000.
The non-violent violation of a state-issued protective order. This is punishable by up to 6 months in jail and may include a $500 fine.
Applying graffiti to someone else's property where the damage amounts to less than $500. This crime is punishable by up to 6 months in jail and potentially a $500 fine.
Disturbing the peace is punishable by up to 90 days in jail and a possible $100 fine.
Possession of an illegal substance for personal use.

In certain circumstances, misdemeanors can become felonies. For example, if you have previous convictions. Hiring an experienced and knowledgeable attorney gives you the best chance of avoiding a conviction.

Although a pending charge is not a conviction, it appears on a criminal background check.

Can a Misdemeanor Charge Be Expunged?

Louisiana law defines expungement as a process that eliminates any records of arrest, conviction, probation, photos, fingerprints, disposition, or other crime-related information from public access. In most cases, a judge decides whether an expungement is granted.

If possible, you should apply to expunge any summons or conviction as it reduces the potential impact it has on your future in terms of your career, home rental or purchase, and academic opportunities.

Expungement involves obtaining documents related to your original case, then filling out the necessary paperwork with the New Orleans court and relevant parish. You’ll need an experienced lawyer to handle the expungement process because it requires area-specific law knowledge, as well as experience in handling cases of a similar nature.

Do You Need an Attorney for a Pending Misdemeanor Charge?

Legal protection is crucial for any criminal charges. As soon as you are aware that you have pending charges in New Orleans, contact the Law Office of Lance J. Robinson . We're a skilled and experienced law firm in the New Orleans area that can help you learn about your legal rights as you face a pending misdemeanor charge in an unfamiliar state.

Misdemeanor cases often require the accused to appear in court, which is highly inconvenient when you’re living out-of-state. If you're one of our clients, we can make these appearances on your behalf, meaning you won't have to travel or take time off work to fight your case.

At the Law Office of Lance J. Robinson, we have a strong record of successful expungement for misdemeanors, particularly when it comes to traffic offenses and criminal pleas. If you're charged with a misdemeanor while visiting New Orleans, contact us immediately for a free consultation and the best chance of a successful defense.

What You Should Consider When Selecting a New Orleans Criminal Attorney

Thu, 17 Jun 2021 10:14:04 GMT

More than 18 million people from all over the US visit New Orleans every year. New Orleans is a great city to relax and enjoy popular cultural events, but overindulging during the festivities can have serious legal ramifications. Often, tourists are charged with public drunkenness or disturbing the peace during their stay and are unsure how this impacts them when they return home.

A DWI in Louisiana, for example, does not make you exempt from penalties and suspensions in your home state. In addition, ignoring court orders such as paying fines can result in your case being reported to the National Driver Registry and you being suspended in every state.

If you have been charged with a misdemeanor or felony, contact the Law Office of Lance J.Robinson. We have helped more than 2,400 local and out-of-town residents, and our experience with the local criminal justice system can help you fight your charges. Many of our clients are from out-of-state, and in many cases, we represent them in court, so they don’t disrupt their lives by returning to New Orleans for a court hearing.

With misdemeanor charges, we often represent the client in court. Although felony charges are more complicated, we can stand on your behalf during the first court dates until the case is accepted or rejected, depending on the jurisdiction.

If any criminal charges were filed against you during your visit to New Orleans, you need an experienced and skilled attorney who knows the local court system. However, there are certain things you should consider when selecting a New Orleans criminal attorney.

Area of Expertise

Lawyers can specialize in a wide variety of practice areas. Therefore, you should choose a lawyer experienced in the area you need and who has worked extensively within the Louisiana law system.

If you were charged with a misdemeanor or a felony in New Orleans, look for a lawyer or law office specializing in criminal defense law.

Level of Experience

As with any kind of business, some lawyers have more experience than others in criminal defense. The more cases a lawyer has handled that are similar to your particular case, the higher your chances of a successful outcome.

Lance J. Robinson is recognized as a Top 100 trial lawyer by the National Trial Lawyers organization.

Understanding of the Local Court System

You need an attorney who understands the local New Orleans court system and the local municipal code . The Law Office of Lance J. Robinson has been practicing law for over 25 years in New Orleans and other surrounding areas. We have worked on thousands of cases in New Orleans and have a lot of experience representing out-of-state clients.

Quality of Communication

The attorney-client relationship is critical for success in any legal case. Therefore, there should be good communication between you and your attorney. At the Law Office of Lance J. Robinson, we do an in-depth investigation for every case, and we are dedicated to representing you and your best interests.

Availability

With certain misdemeanor cases in New Orleans, it's essential to act quickly to begin building your defense. However, if you feel that your attorney is overbooked or not treating your case with the urgency it deserves, consider looking for another option. At the Law Office of Lance J. Robinson, we respect our client's needs and goals.

How to Avoid Getting in Legal Trouble in New Orleans

The best way to avoid any legal trouble in New Orleans is to be aware of the most common mistakes tourists make. The first one is drinking in the French Quarter. Public intoxication is one of the most common causes of arrest in New Orleans. The French Quarter is famous for its open-container laws , and it's perfectly legal to carry alcoholic beverages as long as they aren't in a glass or bottle.

However, many people underestimate how easy it is to be arrested for public drunkenness. If you have too many drinks and cause trouble, the police will charge you with public intoxication, and they aren't required by law to give you a breathalyzer test.

Another common cause of arrest for tourists is disturbing the peace, which includes violent, loud, or obstructive behavior. Sometimes, when large crowds gather during festivals in New Orleans, the police arrest people who are acting irresponsibly as a containment measure. As a general rule, avoid crowds where people are drunk or being too loud.

Urinating in public is considered disrespectful, and the misdemeanor offense of lewd conduct has surprisingly strict consequences in New Orleans, with perpetrators facing heavy fines and potential jail time. If you visit The Big Easy for an event or festival, plan bathroom breaks into your itinerary and scope out public restrooms or hospitality venues that offer pay-per-visit or day passes to use their facilities.

Contact the Law Office of Lance J. Robinson

Lance J. Robinson has worked as a criminal defense and injury lawyer in New Orleans since 1997. He has extensive knowledge of the New Orleans court system and Louisiana law and can help you build your defense, even if you reside in another state. Don’t risk your future. Contact our law firm for a complimentary consultation at lancerobinson@bellsouth.net or (504) 465-0101.

What You Should Know About Getting an Expungement in Orleans Parish

Thu, 17 Jun 2021 08:02:45 GMT

The city of New Orleans is a common destination for tourists year-round. From Mardi Gras to Jazz Fest , there are plenty of reasons why many people from around the country come to New Orleans. However, perhaps because people visit New Orleans during festivities and festivals, they underestimate the local alcohol laws, and public drunkenness is a common cause of arrest.

If any criminal charges were filed against you during your visit to New Orleans, the Law Office of Lance J. Robinson can help you with legal defense and expungement. You need to file complex expungement papers and attend a court hearing where a judge decides whether your crime is expunged.

Thanks to an expungement process, your arrest or conviction won't appear on your record. The expungement process can ensure that your past record won’t impede you from getting a new job, renting a home, or buying a car. We can help you clean your record so that a vacation mistake doesn't negatively affect your life.

How Can You Stay Out of Trouble in New Orleans

One of the most common causes of arrest in New Orleans for tourists is public intoxication. Some tourists take the open-container rules as a free pass to drink as much as they want on the street. We see clients underestimate alcohol laws in New Orleans.

Another legality that frequently gets tourists into trouble is disturbing the peace. Disturbing the peace encompasses a range of behaviors, from sleeping in public places to yelling profanities to playing your radio too loud. It also includes more aggressive behaviors such as fighting or damaging personal or public property.

In reality, some misdemeanor charges can have serious consequences in Louisiana. Enjoy the relaxed atmosphere but be careful about public drinking like you would in most other cities in the US.

What Does it Mean to Get a Crime Expunged?

Expungement deletes a crime from your public record so that the public performing a background check cannot see it. Getting a crime cleaned from your public record means that if you are applying for a job, for insurance, or you want to rent or buy a home, the crime will not show up on your record.

The crime is only cleared from public records, meaning the police can keep a private record of all your past crimes. Louisiana keeps a private record that only judges, law enforcement, and some licensing agencies can see. If you are arrested in the future, they can access that record and see if you have ever been convicted of a specific crime.

The Law Library of Louisiana is an excellent place to find legal information, but you can also call the Law Office of Lance J. Robinson, and we will answer any questions you have on expungement.

Who is Eligible for Expungement in Louisiana?

In general, you can apply for expungement if your charges were dismissed, you weren't found guilty, or you were convicted of a nonviolent misdemeanor or felony (guilty plea under Article 894/893). The following crimes can't be expunged under Louisiana law:

A violent crime
A sex crime
Distribution of controlled dangerous substances
Misdemeanor domestic abuse battery
Misdemeanor stalking
A crime against a minor

Public intoxication charges are one of the most common misdemeanors committed by tourists in Louisiana. Thousands of people come to the city year-round for sports events, music festivals, and festivities such as Mardi Gras.

However, public intoxication charges in Louisiana are more serious than people think, and without the proper legal representation, you might face serious consequences, including jail time and hefty fines. Unless the charges are expunged, they will show up in your background checks.

There are also several requirements you need to have if you want to apply for an expungement. You need to have no other convictions other than traffic citations within the last ten years. If you were convicted of another crime in the past, then you won’t be able to expunge this one if it is under 1o years from the date of the other conviction.

You should have no charges pending against you and no pending fines or restitution cases. And finally, if you were convicted of a crime, you need to wait the appropriate period after completing your sentence.

When Can You Apply for Expungement

If you are arrested, but the charges are dismissed, a motion to quash was granted, or you were acquitted, you may file expungement papers immediately. However, if you are convicted of a crime, you usually have to wait a certain period before you can apply for expungement .

If your conviction is for a misdemeanor, you have to wait 5 years. According to Louisiana Law, you can expunge one misdemeanor conviction every 10 years and one DUI conviction every 10 years. If the charges are for a felony, you'll have to wait 10 years.

How Does the Louisiana Expungement Process Work

If you have been arrested or convicted for a crime, you may have the right to expunge it from your legal record. Many people think if they are arrested, but the charges are refused, the arrest is automatically off their public record. However, this isn't the case. After the charges are refused, you need to file the appropriate expungement papers to remove the arrest from your record.

Another misconception occurs with people who plead guilty to criminal charges. If you are arrested in Louisiana and plead guilty to a misdemeanor or a felony, you may still have the right to expunge it from your record. However, pleading guilty doesn't automatically clean your record.

You need to file expungement papers, and once the motion is processed, there is a court hearing. At the hearing, the judge decides whether you have a right to be expunged. If the judge grants the right to be expunged, you can file an order telling a specific government agency to take the charges off your record.

Why You Need a Professional to Handle an Expungement

An expungement case requires complicated paperwork that most people are unable to complete on their own. The paperwork takes time, and the legal jargon can be overwhelming, so it's crucial to have the help of an experienced lawyer, so you don't make any mistakes. We can handle the paperwork on your behalf.

Depending on the charges or committed crime, you may need to attend a court hearing, where a judge decides if the charges are expunged. Attending the hearing without an experienced lawyer who understands the Louisiana court system diminishes your chances of success. A court hearing can be stressful, and we can be there with you to represent you and help you get the expungement approved.

Contact The Law Office of Lance J. Robinson

As a New Orleans criminal attorney, Lance J. Robinson has over 25 years of experience defending more than 2,400 local and out-of-town clients in Criminal, Municipal, and Traffic courts.

At the Law Office of Lance J. Robinson, we are committed to fighting for your rights and protecting your future. You can reach us at lancerobinson@bellsouth.net or call us at (504) 465-0101 to schedule a complimentary consultation.

Can a Lawyer Get Me Out of Jail?

Thu, 17 Jun 2021 07:26:52 GMT

The beautiful and historic city of New Orleans draws many tourists and visitors year-round. There's plenty of things to do in town , and there are also famous events such as Jazz Fest and Mardi Gras that bring thousands of people to the area. During these festivities, it's common for tourists to be arrested for public drunkenness or disturbing the peace.

Public drunkenness charges in New Orleans are serious. Without the help of an experienced criminal defense attorney who understands local Louisiana law , you could face serious consequences. Public intoxication and disorderly conduct in New Orleans can result in a hefty fine and up to six months of jail time.

When visiting New Orleans, be mindful of your behavior to avoid legal trouble. If you are arrested, contact a criminal defense attorney as soon as possible to get help with posting bail.

How to Avoid Legal Trouble in New Orleans

The two most common reasons for tourist arrest in New Orleans are public intoxication and disturbing the peace. People enjoying festivals underestimate the alcohol laws and the amount of disturbance they can cause before police intervene.

The French Quarter in New Orleans is famous for its open-container laws, but this rule isn't a free pass for drinking and partying in public without consequences. The open-container laws say that you can carry and consume alcoholic beverages in public as long as they aren't in a glass or bottle. You must carry them in plastic or styrofoam cups. However, if you drink too much and start causing trouble in public, the police won't hesitate to arrest you.

In addition to public drunkenness charges, tourists are often arrested for blocking public passage, causing excessive noise, using offensive language, or fighting. All these fall under the category of disturbing the peace. As a general rule, try to avoid huge crowds in public and be careful with alcohol consumption while spending time in public in New Orleans.

What to Do if You’re Arrested

If you are arrested in New Orleans, it's essential to contact a criminal defense attorney as soon as possible to protect your rights and help you manage posting bail.

Louisiana law requires judges to set a bail amount for each offense, and the jailed individual must pay the bail amount in cash or purchase a bail bond. An attorney can assist you in navigating this process.

Contact the Law Office of Lance J. Robison

At the Law Office of Lance J. Robinson , we have more than two decades of experience with criminal offense and injury cases in New Orleans. We have successfully worked on over 2,400 cases, many involving tourists from out-of-state. Contact our law firm for a free no-obligation consultation at (504) 465-0101.

Do I Have to Appear in Court or Can My Attorney Appear for Me?

Thu, 17 Jun 2021 06:28:00 GMT

There are many reasons why you might ask for a lawyer to appear in court on your behalf. If you live out of state, can't get time off work, or need to take care of children, it may be challenging to come to New Orleans for a court hearing.

Many people travel to New Orleans year-round. The famous Jazz Fest and the Mardi Gras festivities draw people from all over the U.S. that later return to their home state. If you were charged with a misdemeanor or a felony during your stay in New Orleans, you'll have to return for a court hearing.

Many out-of-state clients want to know if we can appear in court on their behalf. It depends on the case, but there are instances when a lawyer may represent you in court without your presence. For example, for clients with public intoxication charges , which are a misdemeanor in Louisiana, we can represent you.

At the Law Office of Lance J. Robinson , we can provide you with excellent legal defense, so you don’t have to return to New Orleans for a court hearing.

Avoiding Legal Trouble When Visiting New Orleans

When people come to New Orleans on vacation for famous music festivals or festivities such as Mardi Gras, they often underestimate the local laws. Even if the city has a festive and relaxed atmosphere, you can still get in trouble for various reasons.

Avoid overdrinking in the French Quarter and be mindful of the open-container rules. The French Quarter in New Orleans is famous for its open-container rules. You can legally carry alcohol in plastic or styrofoam cups; however, you could be arrested for public intoxication if you drink too much.

The New Orleans Municipal Code doesn’t require police officers to give you a breathalyzer test. They can arrest you for unruly or uncivilized behavior regardless of the alcohol in your blood.

Can a Lawyer Appear in Court On My Behalf for Misdemeanor Charges?

Depending on the charge, our law office can file a Motion and Order to Enroll as Counsel of Record before a formal court hearing which waives the need for you to appear at the formal arraignment.

According to Louisiana law, you don't have to appear on your first court date for a misdemeanor charge. A notarized affidavit allows your legal counsel to appear at the first court date on your behalf. On this first court date, your attorney talks to the DA looks at the facts of the case and tries to get the case dismissed if possible.

If a case dismissal is not possible, the next step is to enter a not-guilty plea and set another court date. According to Article 833 of the Louisiana State Constitution, your attorney may always enter a plea of not guilty without you present in the courtroom. You won't have to appear on the next court date either. If witnesses don't come to court on the second date, the case is usually dismissed.

Can a Lawyer Appear in Court On My Behalf for Felony Charges?

For felony charges, we can sometimes appear on your behalf until it’s determined if and when your case is accepted. By filing an affidavit or order to waive your presence, we can sometimes absolve you from being present at your first court date. This motion allows you to waive your presence and instead appear through your legal counsel, skipping your first court date.

If a plea agreement cannot be reached and your case proceeds to trial, you will need to be physically present. We take every measure possible to avoid cases going to trial and will appear on your behalf wherever it’s permissible.

Contact the Law Office of Lance J. Robinson

The law office of Lance J. Robinson has 0ver 25 years of experience in New Orleans and works with many out-of-state clients for a successful outcome. We understand the inconvenience of returning to New Orleans to appear in court so contact us today for a free consultation at (504) 465-0101.

DWI Arrest In Louisiana: What Should I Do?

Sun, 04 Oct 2020 22:34:10 GMT

Were you or a loved one arrested for DWI in Louisiana?

If you've been charged with DWI, make sure you have a DWI attorney .

1. Drunk Driving Is A Criminal Offense
While some people believe a drunk driving arrest is no different from a traffic citation, that couldn't be further from the truth. Yes, the majority of traffic offenses are civil infractions and carry no significant penalty other than a fine and a driver’s license suspension. However, a conviction for a drunk driving offenses will result in a criminal record. Even worse, it can result in significant fines or a jail sentence, or probation.

A DWI conviction can remain on your driving record for a minimum of 10 years. This could influence what you pay for car insurance, likely resulting in higher insurance premiums.

2. You Do Have Constitutional Rights You Can Use
One of the fundamental rights you've likely heard at some point, "right to remain silent." If the police believe you may be drunk or impaired, they will likely ask you whether you've been drinking and if so, how much you've drunk. In most cases, the majority of men and women choose to answer this question. Most DUI attorneys will recommend being quiet.

For starters, your admission alone may constitute probable cause to arrest you and give you a breathalyzer test. Secondly, some jurisdictions allow you to be charged with an impaired driving offense, even if your blood alcohol content is below the legal limit. Yeah, you need to be patient and really think this through. You should never consent to a search of your vehicle, even if you believe that you are in possession of nothing incriminating.

3. You May Face Separate Driver’s License Sanctions
While you'll face a criminal charge for a drunk driving offense, you could also face DMV penalties too. Your driver’s license will be taken from you at the time of your arrest, and you'll be issued a paper license. You will get 15 days from the your arrest date to challenge the suspension of your driver’s license, if you choose to not to do so, you may be subject to driver’s license sanctions.

4. Talk To An Attorney Now
If you want to know your full extent of rights and make sure they're protected, you need to consult with a lawyer who practices drunk driving defense law. An attorney familiar with DWI Defense is going to know how to challenge breath, blood, or chemical tests, how to dispute the validity of the original traffic stop, and how to best protect your license.

Make sure you consult a lawyer if you have do have a prior impaired driving conviction, Louisiana usually imposes more serious penalties on repeat offenders than on first time drunk drivers. Criminal defense attorney Lance J. Robinson has over 20 years of criminal law experience. Call us today for a free consult at 504-465-0101 - or you can this contact form .

Criminal Damage To Property With The Intent To Defraud - Louisiana

lancerobinson@bellsouth.net (Lance Robinson) — Sun, 04 Oct 2020 20:16:22 GMT

Laws regarding criminal damage to property in Louisiana.

New Orleans Criminal Defense Attorney

Lance J. Robinson - Property Crimes Defense Attorney

If you've been accused of a property crime, you have the right to defense yourself. Contact The Law Office Of Lance J. Robinson today to get started on your free consult.

Criminal Damage to Property with Intent to Defraud– 14:57

Criminal Damage to Property

Damage to property with intent to defraud is the damaging of any property, by means other than fire or explosion, with intent to defraud.

Whoever commits the crime of damage to property with intent to defraud shall be fined not more than ten thousand dollars, imprisoned with or without hard labor for not more than four years, or both.

Simple Battery - Louisiana

Sun, 04 Oct 2020 19:45:24 GMT

What is simple battery mean in Louisiana?

Simple Battery — La R.S. 14:35

Simple battery is a battery committed without the consent of the victim.

Whoever commits a simple battery shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both.

If you have been charged with Simple Battery, contact Lance J. Robinson for a consultation . We'll help you build a strong defense and get your life back to normal. You can also reach us directly at 504-465-0101.

Louisiana Crimes Of Violence

Sun, 04 Oct 2020 18:52:13 GMT

Laws pertaining to “Crimes of violence” in Louisiana.

The law pertaining to “Crimes of violence” in Louisiana can be found under Louisiana Revised Statutes 14:2(B).

An offense is considered a crime of violence when it has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon.

The following enumerated offenses and attempts to commit any of them are included as “crimes of violence,”

Solicitation for murder
First degree murder
Second degree murder
Manslaughter
Aggravated battery
Second degree battery
Aggravated assault
First Degree Rape
Second Degree Rape
Third Degree Rape
Sexual battery
Second degree sexual battery
Intentional exposure to AIDS virus
Aggravated kidnapping
Second degree kidnapping
Simple kidnapping
Aggravated arson
Aggravated criminal damage to property
Aggravated burglary
Armed robbery
First degree robbery
Simple robbery
Purse snatching
Assault by drive-by shooting
Aggravated crime against nature
Carjacking
Illegal use of weapons or dangerous instrumentalities Repealed
Terrorism
Aggravated second degree battery
Aggravated assault upon a peace officer with a firearm
Aggravated assault with a firearm
Armed robbery; use of firearm; additional penalty
Second degree robbery
Disarming of a peace officer
Stalking
Second degree cruelty to juveniles
Aggravated incest
Battery of a police officer
Trafficking of children for sexual purposes
Human trafficking
Home invasion
Domestic abuse aggravated assault.
Vehicular homicide, when the operator’s blood alcohol concentration exceeds 0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood.
Aggravated assault upon a dating partner.
Domestic abuse battery punishable under R.S. 14:35.3(M)(2) or (N).
Battery of a dating partner punishable under R.S. 14:34.9(L)(2) or (M).
Violation of a protective order if the violation involves a battery or any crime of violence as defined by this Subsection against the person for whose benefit the protective order is in effect.

New Orleans criminal defense lawyer Lance J. Robinson has over 20 years of criminal law experience. If you need an experienced criminal defense attorney, give us a call today at 504-465-0101.

Battery Laws In Louisiana

Fri, 02 Oct 2020 17:46:04 GMT

Today, we're looking at the batter laws for the state of Louisiana.

New Orleans criminal defense attorney Lance J. Robinson has over 22 years of experience. If you need an experienced New Orleans attorney to help you fight for your rights, give us a call at 504-465-0101.

New Orleans Battery Attorney

Battery Defined — 14:33

Battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.

Simple Battery — La R.S. 14:35

Simple battery is a battery committed without the consent of the victim.

Whoever commits a simple battery shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both.

Aggravated Battery — La RS 14:34

Aggravated battery is a battery committed with a dangerous weapon. This crime is a felony.

Whoever commits an aggravated battery shall be fined not more than Five Thousand Dollars, imprisoned with or without hard labor for not more than 10 years, or both.

Aggravated Battery is a crime of violence, therefore it cannot be expunged from your record.

Second Degree Battery — La RS 14:34.1

Second degree battery is a battery when the offender intentionally inflicts serious bodily injury; however, this provision shall not apply to a medical provider who has obtained the consent of a patient.

For purposes of this Section, “serious bodily injury” means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.

Penalty / Sentencing

Whoever commits the crime of second degree battery shall be fined not more than $2,000 dollars or imprisoned, with or without hard labor, for not more than 8 years, or both.

Second Degree Battery is a Crime of Violence, therefore it cannot be expunged from your record.

Aggravated Second Degree Battery — La RS 14:34.7

Aggravated second degree battery is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury.

Penalty / Sentencing

Whoever commits the crime of aggravated second degree battery shall be fined not more than $10,000 dollars or imprisoned, with or without hard labor, for not more than 15 years, or both.

Simple Battery of the Infirm — 14:35.2

Battery of the Infirm is a battery committed against an infirm, disabled, or aged person who is incapable of consenting to the battery due to either of the following:

(1) Advanced age.

(2) Unsoundness of mind, stupor, abnormal condition of the mind, or other mental or developmental disability, regardless of the age of the victim.

“Infirm, Disabled, or Aged Person” includes but is not limited to any individual who is a resident of a nursing home, mental retardation facility, mental health facility, hospital, or other residential facility, or any individual who is sixty years of age or older.

Lack of knowledge of the person’s age shall not be a defense.

Penalty / Sentencing

Whoever commits the crime of battery of the infirm shall be fined not more than $500 and imprisoned not less than 30 days not more than 6 months, or both.

Battery of a Police Officer — La RS 14:34.2

Battery of a police officer is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a police officer acting in the performance of his duty.

For purposes of this Section, “police officer” shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, state park wardens, and probation and parole officers.

For purposes of this Section, “battery of a police officer” includes the use of force or violence upon the person of the police officer by throwing feces, urine, blood, saliva, or any form of human waste by an offender while the offender is incarcerated by a court of law and is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility.

Penalty / Sentencing

Whoever commits the crime of battery of a police officer shall be fined not more than $500.00 dollars and imprisoned not less than 15 days nor more than 6 months without benefit of suspension of sentence. This is a misdemeanor.

The following offenses are felonies:

If at the time of the commission of the offense the offender is under the jurisdiction and legal custody of the Department of Public Safety and Corrections, or is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility, the offender shall be fined not more than $1,000 dollars and imprisoned with or without hard labor without benefit of parole, probation, or suspension of sentence for not less than 1 year nor more than 5 years. Such sentence shall be consecutive to any other sentence imposed for violation of the provisions of any state criminal law.

If the battery produces an injury that requires medical attention, the offender shall be fined not more than $1,000.00 dollars or imprisoned with or without hard labor for not less than 1 year nor more than 5 years, or both. At least 30 days of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

Battery of a School Teacher — La RS 14:34.5

Battery of a school teacher is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a school teacher acting in the performance of employment duties.

Penalty / Sentencing

Whoever commits the crime of battery of a school teacher shall be punished as follows:

If the battery was committed by a student, upon conviction, the offender shall be fined not more than $5,000.00 dollars or imprisoned not less than 30 days nor more than 1 year. At least 72 hours of the sentence imposed shall be imposed without benefit of suspension of sentence.

If the battery was committed by someone who is not a student, the offender shall be fined not more than $5,000.00 thousand dollars or imprisoned with or without hard labor for not less than 1 year nor more than 5 years, or both.

If the battery produces an injury that requires medical attention, the offender shall be fined not more than $5,000.00 dollars or imprisoned with or without hard labor for not less than 1 year nor more than 5 years, or both.

Battery of a School or Recreation Athletic Contest Official — La RS 14:34.4

Battery of a school or recreation athletic contest official is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a school athletic or recreation contest official.

Definitions

“School athletic contest official” means any referee, umpire, coach, instructor, administrator, staff person, or school or school board employee of any public or private elementary and secondary school while actively engaged in the conducting, supervising, refereeing, or officiating of a school sanctioned interscholastic athletic contest.

“Recreation athletic contest official” means any referee, umpire, coach, instructor, administrator, staff person, or recreation employee of any public or quasi public recreation program while actively engaged in the conducting, supervising, refereeing, or officiating of a sanctioned recreation athletic contest.

Penalty / Sentencing

Whoever commits the crime of battery of a school or recreation athletic contest official shall be fined not more than $500 dollars and imprisoned not less than 48 hours nor more than 6 months without benefit of suspension of sentence, except as provided in Paragraph below.

The court, in its discretion, may suspend the imposition of the sentence and place the offender on probation with the condition that he shall perform 5 days of community service work. Failure to successfully complete the community service work, as determined by the supervisor of the program to which he is assigned, may result in revocation of probation.

Battery of a Correctional Facility Employee — La RS 14:34.5

Battery of a correctional facility employee is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a correctional facility employee acting in the performance of his duty.

Definitions

“Correctional facility employee” means any employee of any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility.

“Battery of a correctional facility employee” includes the use of force or violence upon the person of the employee by throwing feces, urine, blood, saliva, or any form of human waste by an offender while the offender is incarcerated and is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility.

Penalty / Sentencing

Whoever commits the crime of battery of a correctional facility employee shall be fined not more than $500 dollars and imprisoned not less than 15 days nor more than 6 months without benefit of suspension of sentence.

The following offense is a felony:

Battery of a Bus Operator — 14:34.5.1

Battery of a bus operator is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a bus operator.

Penalty / Sentencing

Whoever commits the crime of battery on a bus operator shall be fined not more than $500 hundred dollars and imprisoned for not less than 48 hours nor more than 6 months without benefit of probation, parole, or suspension of sentence.

Sitemap

Wed, 30 Sep 2020 03:57:25 GMT

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Resisting A Police Officer - Louisiana

Tue, 29 Sep 2020 18:55:20 GMT

Louisiana Law Resisting an Officer — La R.S. 14:108

Today, we're looking at Louisiana Law for Resisting A Police Officer.

Definitions:

“Obstruction of” as used herein shall, in addition to its common meaning, signification, and connotation mean the following:

(a) Flight by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest.

(b) Any violence toward or any resistance or opposition to the arresting officer after the arrested party is actually placed under arrest and before he is incarcerated in jail.

(c) Refusal by the arrested or detained party to give his name and make his identity known to the arresting or detaining officer or providing false information regarding the identity of such party to the officer.

(d) Congregation with others on a public street and refusal to move on when ordered by the officer.

(e) Knowing interference with a police cordon resulting from the intentional crossing or traversing of a police cordon by an unauthorized person or an unmanned aircraft system (UAS) “Drone”. The cordoned area includes the airspace above the cordoned area.

“Police cordon” means any impediment or structure erected or established by an officer for crowd or traffic control, or to prevent or obstruct the passage of a person at the scene of a crime or investigation.

“Impediment or structure” includes but is not limited to crime scene tape, rope, cable, wire or metal barricades, or the posting of uniformed officers or other personnel otherwise identifiable as law enforcement officers.

If the flight of a UAS into the cordoned area endangers the public or an officer’s safety, law enforcement personnel or fire department personnel are authorized to disable the UAS.

“Officer” as used herein means any peace officer, deputy sheriffs, municipal police officers, probation and parole officers, city marshals and deputies, and wildlife enforcement agents.

Penalties And Sentencing

Whoever commits the crime of resisting an officer shall be fined not more than $500 or be imprisoned for 6 months, or both.

Lance J. Robinson is a New Orleans criminal defense attorney with over 22 years of experience. The Law Office Of Lance J. Robinson is one of the most experienced criminal defense lawyers in NOLA. If you need an experienced criminal defense attorney, be sure to reach out. Give us a call at 504-465-0101 - claim your free consult now.

10 Important Questions To Ask Your Criminal Defense Lawyer

Mon, 21 Sep 2020 00:48:50 GMT

What questions should I be asking my criminal defense attorney?

When you need a criminal defense lawyer, time is of the utmost importance. Depending on your exact case, your lawyer is going to need time to get information together and prepare for court proceedings. While you likely need legal help right away, you do want to make sure you do your due diligence before hiring a criminal defense attorney. Criminal law is a very serious matter, exactly why you'll need to find a lawyer who is dedicated to getting you the very best outcome for your case so you can get back to living your life.

If you’re facing criminal charges in New Orleans, or anywhere in the local parishes, contact a criminal defense attorney from The Law Office Of Lance J. Robinson at (504) 465-0101 today.

What Questions To Ask A Criminal Defense Lawyer

When interviewing a criminal defense lawyer, be sure to ask these ten important questions:

(1) How much is this going to cost?
One of the most common questions attorneys receive, " how much does a criminal defense attorney cost ?" Rightfully so, right? In criminal law, a lot of attorneys will quote flat rate fees for their services. Even so, there's a range they can charge within depending on experience. While you may be charged a flat fee, some criminal defense lawyers allow you to make payments on that flat rate fee. Due to this, it's a great question to ask, it goes beyond just hourly rates, it gives you a solid idea of the costs you may expect to pay.

(2) How long have you practiced criminal law?
You always want to ask this question because you need the best criminal defense attorney you can hire. Again, this is a serious matter and one that should you always label a top priority. Experience matters, results matter, so this is an important question to ask. For example, New Orleans criminal defense attorney Lance J. Robinson has over 22 years of experience and has represented over 2,400 clients. When your livelihood is on the line, would you rather have an attorney with 22 years of experience or 2 years experience? Common sense, right?

(3) How often do your cases go to trial?
If you've been doing research, you've likely heard that criminal defense lawyers can settle many of their cases via plea bargains instead of going to trial. That is true. Also, we may be able to appear for you so you don't have to appear in court. Our attorney has both plea bargain and trial experience, but that's what you should look for. You want your criminal defense lawyer to be experienced in both, which is why this is a good criminal defense lawyer question to ask.

(4) How would you handle my case?
When you reach out to a lawyer, this is a good question to ask. It will give you the opportunity to see how they're planning to approach your legal matter. You want to be informed every step of the way, so never hesitate to ask this question. You can also find out if the attorney thinks you should go to trial or settle without a trial. You'll be able to see if you have a high risk to appear in court or an attorney can fill in for you.

(5) Do you have a specialized area of law?
Criminal law covers a variety of cases. Some lawyers see the majority of their cases come from a specific legal issues, this could include drugs, murder, DUI, or white-collar crimes. Some criminal attorneys specialize in less serious crimes, such as DUI, DWI, disturbing the peace, or lwed conduct.

We always recommend finding a criminal defense lawyer that specializes in the specific area of law you need.

What do criminal defense attorneys do?

(6) How often do we get to communicate?
Communication is key and we understand you want to be informed about your current criminal case. When you’re facing criminal charges and the reality of possible incarceration and large fines is hitting you, you want an attorney that's going to be available to answer all your questions. While we can't speak for other attorneys, Lance J. Robinson is always available for client calls. We get it, we understand how serious your case is and we make sure our expert team is always available. Every attorney you talk to will likely say they're available, but it's not always true. The best thing you can do is read reviews to get an idea of which criminal defense lawyers will care about their clients.

(7) How long have you been practicing criminal law in this area?
Here's a great question to ask because it matters. How long have you been practicing in this area? Most criminal cases are in specific areas, so you want an experienced criminal defense attorney that knows the "system." For example, since Lance has been practicing in New Orleans over the last 2 decades, he knows the prosecution. It matters, we can build our case based on what we know the prosecution is going to bring forward. You should search for a lawyer that has plenty of experience in a specific location.

(8) What will you need from me?
If the criminal defense lawyer needs anything from you, they will let you right away. You'll likely have some documents or other important information that you need to contribute to your case, but your attorney can walk you through everything you'll need.

(9) How long do you think my case will take?

While you may not be able to get a direct answer for this question, an experienced attorney can give you a ballpark figure. It’s impossible to know an exact time frame, but a good lawyer can give you a solid estimate.

(10) Why should I choose you?
Yes! Ask it! Again, you want the best criminal defense lawyer your money can buy. If we're speaking about ourselves, we're going to point to our experience and results. We have a ton of reviews online you can check, just look through Google.

Contact Lance J. Robinson Now

We understand that your time is limited and you need to be represented by a criminal defense lawyer right away. This is exactly why we're available 24/7 - you can reach us at any time of the day - just call 504-465-0101.

Arrested Visiting New Orleans?

Sun, 13 Sep 2020 23:59:53 GMT

Have you recently been arrested in New Orleans?

You decided to visit New Orleans, but things didn't turn out like you had thought. Now, police are questioning you over a possible alleged crime in NOLA. Worst, have you been charged with a misdemeanor or felony offense? If you have, the time to seek representation is now. Don't hesitate another minute, get a New Orleans criminal defense attorney now!

Remember, you have legal rights in the justice system and you need an "results" driven New Orleans criminal defense lawyer by your side. You need a criminal defense attorney that can help you build a solid strategy to reduce your chances of incurring penalties or conviction. The Law Office Of Lance J. Robinson provides top level legal representation to help you eliminate your charges so you can get back to living your life.

Our firm offers aggressive and strategic defense against many types of criminal charges, including:

DUI And DWI - As an experienced DUI lawyer , Lance J. Robinson handles all types of drunk driving offenses, including both DUI and DWI charges. If you've been arrested, immediate action is crucial—especially for protecting your driving privileges. Contact us right away for a free consultation. The sooner you have a skilled DUI lawyer on your side, the more options we have to defend your rights and help you maintain your driver's license.
Public Intoxication - Once you have been charged with public intoxication, you could be issued a citation, receive a summons to appear in court, or get arrested and brought to jail. If you've been charged with public drunkenness, give our office a call immediately.
Disturbing The Peace - When you retain Lance J. Robinson as your New Orleans lawyer for disturbing the peace charges, we commit to helping you every step of the way. In fact, we may be able to help you not be required to attend court. Contact our office today to learn how we can help.
Criminal Trespass - If you have been charged with criminal trespass in New Orleans or the surrounding area, you could either receive a summons to appear in court or you could be arrested and brought to jail. In either case, you should be assigned an arraignment date to appear in court.
Lewd Conduct - If you’re already facing a lewd conduct charge, you need to act quickly and discover what your options are for beating it. It’s important to note that lewd conduct doesn’t necessarily equate to sexual misconduct. You can reach us right now by calling 504-465-0101 or by texting 504-427-6210.
Criminal Damage To Property - If you are charged with criminal damage to property in New Orleans, you will either receive a summons to appear in court or you could be arrested and brought to jail. If you are issued a summons for criminal damage to property you should not ignore the summons hoping it will go away-in fact, there are serious consequences ignoring a summons.
Simple Battery - Simple battery is less violent and less severe than aggravated battery. However, a charge of simple battery may rise to an aggravated battery charge if the victim receives injuries that become more serious. Be sure to contact a New Orleans criminal defense attorney right away.
Domestic Abuse Battery - If you are charged with domestic abuse battery, it is imperative that you choose a criminal defense attorney with extensive experience to defend you and protect your rights.
Traffic Tickets - No one likes going to traffic court. That is why it is better to have an attorney help you with your traffic tickets. If you have received a traffic ticket for speeding or any other traffic offense, please call us for a free consultation.
Expungement - Expungements are the process by which a person's legal record of arrest or conviction is "sealed" or erased from public view. If an arrest or conviction is expunged, it will not appear on your criminal background check for most employers. It is always recommended to expunge any arrest or conviction to prevent any restrictions you could face in the future.

Common Criminal Defense Questions

It doesn't matter who you are, when you're dealing with the New Orleans legal system, It can be a frightening experience. Interactions with law enforcement and facing accusations that you have committed a crime are no laughing matter. In fact, if you're criminally charged, you stand the risk of losing a lot. Don't worry though, our legal team can help ease your mind and will answer important questions such as:

What should I do if I’ve been charged with a crime in New Orleans?
What does a criminal defense attorney do?
Should I hire a criminal defense attorney?
Will I have to show up in New Orleans to go to court?
How much does a criminal defense lawyer costs?
How can a criminal defense lawyer help me?
How do I choose the best criminal defense law firm for my case?

What Should I Do If I've Been Charged With A Crime In New Orleans

For those of you that are reading this and have been charged with a crime in New Orleans, Louisiana, you need to find out if you're facing misdemeanor charges or felony charges. Also, you need to find out about the potential penalties you face. The reason being, you're going to need to determine whether to plead guilty or not guilty, and whether to negotiate a plea bargain or go to trial.

Don't worry if you don't fully understand everything, that's why our New Orleans law firm is here. The criminal justice system can be confusing if when you don’t understand the rules, this is why your first call needs to go to a New Orleans criminal defense lawyer. You deserve the best possible representation, you truly do and someone that has a long history of producing results.

A quick call and you can begin retaining the services of a criminal defense attorney who understands the local laws and legal system. Lance J. Robinson has respresented over 2,400 clients during his 2 decade career. Do not hesitate to contact our firm as soon as possible after your arrest or if you are questioned by police in connection with a crime.

How Can A Criminal Lawyer Help Me

In recent years, prosecutors won more than 80 percent of cases that they brought to trial in the NOLA area. However, not every case goes to trial, which means there is a chance that your charges may be dropped or that a plea bargain to reduce penalties can be negotiated without ever having to set foot in a courtroom.

At the Law Office Of Lance J. Robinson, we fight diligently to avoid conviction. Our New Orleans criminal defense lawyers understand the procedural and legal nuances of the complex Louisiana legal system. From raising defenses to introducing reasonable doubt, we will help you obtain the best possible outcome.

Being arrested can be a stressful and frightening experience, especially for individuals who have never had brushes with the law before. Many of our clients at the Law Office Of Lance J. Robinson fall into this category, given New Orleans’ reputation as a “party town” for tourists.

If you're currently facing criminal charges, contact an experienced criminal defense attorney now to minimize the impact of this event on your future. Criminal attorneys can help their clients beat criminal charges and give them the opportunity to get their lives back on track. Here's how we're able to do just that.

Criminal attorneys have expert knowledge of the criminal laws and procedures of the jurisdictions (NOLA) in which they practice. We specialize in New Orleans criminal law and it's a jurisdiction we've spent more than 2 decades in.
Criminal attorneys can be skilled negotiators and can help you obtain the most favorable plea bargain or outcome. In some cases, you wouldn't even have to show up to court, we show up for you. Every scenario is different, but we'll do everything in our power to help you get your charges dropped, reduced, or your case dismissed.
Criminal attorneys can have good working relationships with prosecutors and court personnel, which can make the proceedings less stressful for you. We know all the New Orleans prosecutors, many of them on a deep level. While you will never receive favors, it's a huge benefit knowing who your prosecutor is and how they'll react in a case.
Criminal attorneys have easier access to resources that are often beyond the reach of the average person, such as buried evidence, witnesses, and forensic investigators. This is a huge benefit when you need such things.
Criminal attorneys act as their clients’ voice — they speak and act on your behalf and prevent you from making mistakes that could hurt your case. Having a criminal lawyer that has your back is vital to winning your case.

While you do have the right to go against the criminal justice system alone, we wouldn't recommend it. Whether you hire us or someone else, be sure to contact a New Orleans criminal defense attorney so you can be represented by a professional that can properly help you.

How To Choose The Best Criminal Law Defense Team

We always say results and experience matter. When you're deciding to hire a New Orleans criminal attorney, you should do your due diligence, you should take the time to research your options.

New Orleans criminal lawyer Lance J. Robinson has over 22 years of experience. Mr. Robinson has respected over 2,400 clients during his career. Out of all the criminal attorneys in New Orleans, Mr. Robinson is one of the most experienced and decorated.

We also believe "reviews" matter. When you're looking up New Orleans criminal attorney reviews, pay attention to what you're reading. Google reviews are a great way to begin auditing hiring a criminal defense attorney. For Lance, he has 40 (5) star reviews on Google and countless reviews on other platforms.

Take the time to read the reviews, evaluate the "results" of those clients - it's a great way to see what type of attorney you'd get.

Tourism And Parties In New Orleans

It's no secret that the city of New Orleans has garnered a reputation for being a party town where “anything goes” but that couldn't be further than the truth. Unfortunately, many tourists and partygoers will fall trap to these common misconceptions, even if you're an out of town visitor, that wouldn't give you the right to commit a crime violate local laws.

While it's true that party and tourist events occur all the time in the NOLA area, some events can draw huge crowds, warranting increased law enforcement presence. With that in mind, tourists and party goers should note that officials seek to enforce laws as strictly and pervasively as possible during these major events. Exceptions are not made for tourists, and there is nothing to prevent the arrest of individuals who violate the local parish, municipal, or state criminal laws.

New Orleans Events

Mardi Gras, which is a very long festival officially starting around January 6th, it is world-renowned and concludes during Fat Tuesday in February. This huge, city-wide festival takes place in the French Quarter and Bourbon Street, it draws millions of tourist visitors every year. Consequently, several arrests are made over a wide range of different offenses, from alcohol and bad behavior. Additionally, felony arrests and federal drug trafficking charges are often filed against tourists and partygoers that violate applicable laws.
Harrah’s New Orleans, which is a casino that is literally open all the time (24/7). It features gambling, dining, hotel accommodations, and several other amenities. The casino is located only right beside the Mississippi River on Canal Street, it sees a contious influx of both tourists and locals looking to enjoy their time.
The Jazz and Heritage Festival, which celebrates the rich culture of New Orleans and the Jazz music scene. The Jazz and Heritage Festival is held every year at the end of April. The festival is located at the Fair Grounds Race Course, although clubs and venues host a number of shows and events around the city.
French Quarter Festival, which celebrates the area of Canal Street, Bourbon Street, Pauger Street, and St. Anne’s Street as a cultural center of traditions and heritage. In the French Quarter, famous strip clubs, bars, and restaurants line the landscape, including Temptations, Larry Flynt’s Barely Legal Club, Rick’s Cabaret, Johnny White’s, The Famous Door, The Cat’s Meow, Razzoo, and the famous French Quarter restaurant Galatoire’s. The French Quarter Festival is held in April.
New Year’s celebrations and the Sugar Bowl, which are generally held on New Year’s Day in the Louisiana Superdome. These events not only draw tourist traffic seeking to ring in the New Year from all over the country, but also significant media coverage surrounding the Sugar Bowl on January 1st.
Southern Decadence, which entertains themes such as “Decadence Does Disco,” is a week-long celebration catering to the gay community in early September. Southern Decadence culminates in a huge parade throughout the French Quarter on the Sunday prior to Labor Day, with all previous events taking place near the intersection of Bourbon and St. Ann streets.
Voodoo Experience, which is a three-day music festival held annually featuring hundreds of local and mainstream performers. The Voodoo Music Experience is held the weekend before Halloween at City Park and attracts more than 100,000 concert goers in these three short days.
Patrick’s Day and St. Joseph’s Day, which typically falls on March 17, is just another example of the commitment to festivals, parties, and parades in NOLA.
New Orleans Halloween, which is a celebration that includes numerous costume balls and parades throughout the city.

Battery And Assault Defense Attorney New Orleans

Sun, 13 Sep 2020 17:28:25 GMT

Battery And Assault Louisiana Law

Both Assault and Battery are very serious crimes under Louisiana Law, both have hefty penalties and long-term consequences. The prosecutor can bring charges of both Assault and Battery as either misdemeanors or felonies, depending on the facts of the case and the severity of the victim’s injuries. Due to this, you should never take these criminal charges lightly or assume that you can handle everything on your own. This is when you need an experienced New Orleans battery defense attorney Lance J. Robinson who focuses his criminal defense practice throughout many parishes of southern Louisiana. With a talented, skilled Louisiana criminal lawyer on your side, it gives you the opportunity to learn what legal rights you can explore, what options you have and allows you to develop the best defense strategy for your specific scenario.

How Battery And Assault Are Different

Battery and Assault are related because they usually occur at the same time but they are two completely different crimes. Although you'll see specific definitions vary from one to the next, Battery is usually the actual act of violence, while Assault is usually the act of threatening to injure someone. In most cases, Battery results in actual physical harm to another person. However, in other cases, Battery simply involves offensive touching that the person did not want to occur during the altercation.

Louisiana Battery Offenses

Simple Battery
Aggravated Battery
Aggravated Second Degree Battery
Second Degree Battery
Battery Of Police Officer
Battery Of Corrections Officer
Battery Of Teacher
Disarming Peace Officer

Louisiana Assault Offenses

Aggravated Assault
Aggravated Assault On Peace Officer
Aggravated Assault With Firearm
Simple Assault
Assault On School Teacher
Assault With Motor Vehicle
Unlawful Use Of Laser On Police Officer

Louisiana Battery And Assault Penalties Louisiana

If you are convicted of Assault and Battery in the state of Louisiana, you could face;

Time In Jail
Large Fines
Restitution Payments
Probation
Counseling

There's a wide range of factors that will determine whether an Assault or Battery charge is a misdemeanor or a felony, and, thereby, the severity of the penalty imposed.

For example, the court will want to know about the specific events that led to the incident at hand, how serious was the victim’s injuries, whether a deadly weapon was involved, the age of the victim, as well as the motivation behind the incident. Every one of these plat a role and contribute to the determination of the appropriate sentence for an Assault or Battery charge.

Depending on the situation, incidents that constitute Assault or Battery may involve civil penalties. Unfortunately, these civil fractions can significantly limit your life, freedom, and activities. For instance, if you're served a civil protective order, you're going to lose your right to carry or purchase a gun. Additionally, an incident that causes serious injuries to the victim may subject you to a civil lawsuit for the purposes of recouping the financial costs of the injuries, such as medical bills and lost wages.

A fair amount of Assault or Battery offenses are labeled "crimes of violence" in Louisiana and because of this, they do not offer the ability to have the conviction expunged later. These crimes can have significant, life-altering consequences, you don't want to go that route. This is why you need to have any experienced New Orleans criminal attorney by your side.

Battery And Assault New Orleans Attorney

You should never take a chance on your freedom, reputation, and way of life trying to solve a battery and assault charge on your own. You need to have a strong defense and strategy because if you're found guilty, the penalties can be severe. You need a New Orleans battery attorney that has experience and results, this is where Lance J. Robinson can help. Mr. Robinson has over 22 years of experience as a criminal defense attorney. Reach out and get a free consultation - (504) 465-0101 - We're on call 24/7.

Common Defenses Argued In Criminal Cases

Fri, 11 Sep 2020 04:18:06 GMT

What are the most common defenses argued in criminal cases?

Common Criminal Defenses

Today, we're discussing criminal defense . When a defendant goes on trial for allegedly committing a crime, the prosecution is the one that must establish that the defendant is guilty of the crime beyond a reasonable doubt. At the same time, the criminal defendant has the right to present a defense and may do so through a few different means. The defendant may be able to portray mistakes or errors in the prosecutor’s case, argue that another individual committed the crime, or argue that he or she did commit the crime but had a legal and reasonable defense for doing so. There are numerous criminal defenses available that may allow a defendant to avoid punishment for his or her actions.

(1) Defendant Didn't Understand Significance Of Criminal Actions

(1) One selection of defenses that are available to criminal defendants argues that the defendant cannot be found guilty for the crime because he or she did not understand what he or she was doing or that his or her actions were wrong. At its most severe, this includes the defense of insanity. The defense of insanity requires the defendant to prove, depending on the exact state the case is tried, that either he or she had a mental disorder that rendered him or her incapable of understanding right from wrong, or that it prevented him or her from controlling his or her actions and resisting violent impulses.

It's worthy of noting, in some states, the defense of insanity will allow a defendant to avoid prison but will require that the defendant be held in a psychiatric facility for on-going treatment.

(2) Similarly, the defense of intoxication also relies on the theory that the defendant cannot meet all of the elements of the crime because he or she did not understand what he or she was doing. If a defendant is involuntarily intoxicated, this can be a defense to both general and specific intent crimes under the theory that the intoxication prevents the defendant from understanding right and wrong.

Voluntary intoxication would also be a defense, but only to specific intent crimes where the defendant would argue that his or her intoxication prevented him or her from forming the intent necessary for the crime committed.

(3) Also, a criminal defendant may be able to argue mistake of law/mistake of fact. Under this defense, this claims that the defendant made a fundamental mistake that negates an element of the crime. For example, a defendant charged with larceny may argue that he mistakenly believed that the victim had given him the property. Similarly, mistake of law applies when a criminal defendant believed his or her actions were lawful. This defense only applies to very limited circumstances.

(2) The Defendant Was Justified in His or Her Actions

Another category of defenses applies when the defendant committed the crime but argues that he or she was justified in doing so. The most commonly recognized of these defenses are self-defense and defense of others. A defendant may argue, for instance, that he did shoot an intruder but did so in self-defense because the intruder was threatening him with a gun. Similarly, under a defense of duress, the criminal defendant argues that he or she only committed the crime because he or she was forced to do so by someone else. For example, a criminal defendant may argue that a co-defendant told him that if he didn’t commit a burglary, the co-defendant would kill him. Finally, under a necessity defense, the criminal defendant may argue that he or she committed the crime in order to prevent a more significant harm. For instance, the defendant may contend that it was necessary for him to steal a car in order to chase down another individual who was threatening to use an explosive device.

(3) No Crime Has Occurred

Finally, a smaller set of defenses may be used to argue that although it appears there was a crime, the defendant did not actually commit a criminal act. First, the defendant may argue that no crime occurred because of the defense of consent.

Sexual intercourse is one example of this defense being used, let's say the defendant's is arguing that the two had sexual intercourse, but it was not rape because there was consent. We can use another example here, you may argue that there was no assault because the victim consented to the harm.

Additionally, a criminal defendant can assert the defense of abandonment/withdrawal if he or she initially intended to commit or participate in a crime but later had a change of heart and withdrew from participation. Here's another, the defendant may argue entrapment. Entrapment occurs when the government induces an individual to commit the crime and then attempts to punish that person for it. In such a case, the defendant may argue that no crime would have occurred if it wasn't for the government’s inducement, and he or she should therefore not be held responsible for the criminal charge.

Talking To A Criminal Defense Attorney

Every criminal case is different, although we try to give you the best resources possible, it's always best to contact a criminal attorney and consult with them about your case. If you're in need of a New Orleans criminal defense attorney, you can reach us at 504-465-0101. We'll be glad to answer any questions you may have, so feel free to reach out.

What Are The Four Major Criminal Law Defenses?

Mon, 07 Sep 2020 00:59:37 GMT

Learn about the 4 major criminal law defenses and what each represents.

At this point, you may be finding that you or a friend has recently been charged with an injustice. If that's the case, you may be wondering, "What are my defense options?" While every case is different, there also could be valid reasons you need a criminal defense attorney. While there are a few different defenses as you're going to learn, it’s very important you seek advice from an attorney in New Orleans, LA to ensure you fall under the right legal pillar.

Criminal Defense

Criminal defenses are going to involve validated arguments that challenge the evidence presented by prosecutors. The state of Louisiana (the prosecution) will use this opportunity to try and prove you're guilty beyond a reasonable doubt. The state will have the role of breaking down the crime in its entirety to show that you have committed the crime.

We understand this can be a trying time for you and your family. However, you need to make sure you have an experienced criminal defense attorney by your side. I'm available 24/7 - if you need a criminal defense lawyer or just have questions, give me a call at 504-465-0101.

For example, I represent clients here in New Orleans, for the following;

DUI And DWI - We do handle traffic offenses, including DUI and DWI. If you've been arrested, be sure to give us a call right away if you're arrested for DWI or DUI. We may be able to help you with your driver privileges if you contact us right away.
Public Intoxication - Once you have been charged with public intoxication, you could be issued a citation, receive a summons to appear in court, or get arrested and brought to jail. If you've been charged with public drunkenness, give our office a call immediately.
Disturbing The Peace - When you retain Lance J. Robinson as your New Orleans lawyer for disturbing the peace charges, we commit to helping you every step of the way. In fact, we may be able to help you not be required to attend court. Contact our office today to learn how we can help.
Criminal Trespass - If you have been charged with criminal trespass in New Orleans or the surrounding area, you could either receive a summons to appear in court or you could be arrested and brought to jail. In either case, you should be assigned an arraignment date to appear in court.
Lewd Conduct - If you’re already facing a lewd conduct charge, you need to act quickly and discover what your options are for beating it. It’s important to note that lewd conduct doesn’t necessarily equate to sexual misconduct. You can reach us right now by calling 504-465-0101 or by texting 504-427-6210.
Criminal Damage To Property - If you are charged with criminal damage to property in New Orleans, you will either receive a summons to appear in court or you could be arrested and brought to jail. If you are issued a summons for criminal damage to property you should not ignore the summons hoping it will go away-in fact, there are serious consequences ignoring a summons.
Simple Battery - Simple battery is less violent and less severe than aggravated battery. However, a charge of simple battery may rise to an aggravated battery charge if the victim receives injuries that become more serious. Be sure to contact a New Orleans criminal defense attorney right away.
Domestic Abuse Battery - If you are charged with domestic abuse battery, it is imperative that you choose a criminal defense attorney with extensive experience to defend you and protect your rights.
Traffic Tickets - No one likes going to traffic court. That is why it is better to have an attorney help you with your traffic tickets. If you have received a traffic ticket for speeding or any other traffic offense, please call us for a free consultation.
Expungement - Expungements are the process by which a person's legal record of arrest or conviction is "sealed" or erased from public view. If an arrest or conviction is expunged, it will not appear on your criminal background check for most employers. It is always recommended to expunge any arrest or conviction to prevent any restrictions you could face in the future.

Defense Others Or Self

The law is clear as it pertains to murder, battery, and assault, all 3 are legal reasons for defense of self and/or others.

In some specific scenarios, a violent act may prompt an immediate violent response to defend one's own or another’s life. For example, if you witness a person trying to harm another person, under the right category of reasonings, you are allowed to defend that other person to a point in which the person inflicting the harm is forced to surrender, but not beyond that point. Once you go beyond the point of defending the innocent person (continuing to harm the person whose surrendered from harming the innocent party), you have crossed into the category of assault and battery. The same rule is also applied to self defense. Once the person has relinquished control, you should refrain from continuing bodily harm to that person.

Defense Of Property

This criminal law defense has the same rules as defense with self or others. If you feel the person is posing harm to your property, you may use an act of defense to a point where the party has stopped. There is also criminal damage to property , when someone has destroyed your personal property.

Mistake Of Law

In some scenarios, the defendant being accused may not be aware that they've committed a crime. For example, if the defendant was gifted with something, unaware that this ‘gift’ is another person's property and they were charged with the crime, they could plead not guilty with proof. You see this a lot with individuals who’ve been victims of identity fraud. The criminal will use the defendant's identity to steal or embezzle money. In such a case, as I usually explain, you may want to reach out to a New Orleans criminal attorney to see if they can help.

What Does A Criminal Defense Attorney Do?

Fri, 21 Aug 2020 04:20:28 GMT

The role of a criminal defense attorney can differ depending on the specific criminal law being discussed.

In the United States, criminal defense lawyers deal with the issues surrounding an arrest, a criminal investigation, criminal charges, sentencing, appeals, and post-trial issues. Often an attorney will specialize in a niche within criminal defense , such as drug defense or DUI defense. They could work for the local, state, or federal government or they could work for private law firms. The defense lawyers could also have their own practice and handle multiple criminal cases.

Criminal Cases

Now, I'm a New Orleans criminal defense attorney. I represent clients that have criminal charges in New Orleans. The types of criminal cases that I oversee include but are not limited too;

DUI - DWI - Someone being charged with Driving Under The Influence or Driving While Intoxicated.
Public Intoxication - Someone being charged for being Intoxicated in Public.
Disturbing The Peace - Someone being charged for Disturbing the Peace.
Criminal Trespassing - Someone being charged for Criminally Trespassing.
Lewd Conduct - Someone being charged for Lewd Conduct.
Criminal Damage To Property - Someone being charged for Criminally Damage someone's Property.
Simple Battery - Someone being charged for Simple Battery.
Domestic Abuse Battery - Someone being charged for Domestic Abuse Battery.
Traffic Charges - Someone being charged for a traffic ticket.
Expungement - Someone being charged for Expungement.

When Criminal Defense Attorneys Are Called Upon

All criminal defense attorneys defend you against criminal charges. While the criminal charges may differ, criminal defense lawyers have one job, defend those they represent.

Now, a criminal defense lawyer can be contacted directly by the defendant or it can be assigned the case by a court. There's a number of different criminal defense lawyers that are public defenders, these lawyers are paid by the public defender’s office. They are appointed cases by local, state or federal courts.

Some criminal defense lawyers are hired by private firms. Some criminal defense lawyers have an independent legal office (like mine in New Orleans). In this case, I run my own office, other criminal attorneys can do the same.

You also have public defenders, they usually a high case load due to the referral process and the pay coming from individuals other than defendants.

In some cases, a court may appoint a private lawyer to take on a specific case.

Other Duties For Criminal Defense Lawyers

There is other roles of the criminal attorney once someone hires a criminal defense attorney . Those include but are not limited too;

Jury Selection
Plea Bargains
Trial Preparation
Trial Procedures
Sentencing

How To Hire A Good Lawyer

Fri, 21 Aug 2020 01:56:49 GMT

A few simple steps below will help you find a good lawyer for your criminal case.

Hiring a lawyer to represent you as you face legal action is a decision you should never take lightly. A lawyer can be chosen if you seek legal advice on a matter where you can represent yourself, whereas an attorney can fully represent you in the courtroom throughout your entire case.

For more simple cases, such as divorce, wills, or other civil matters, you may consider hiring a lawyer. A lawyer will offer you legal advice throughout your case without full representation in the courtroom.

An attorney who provides full representation is recommended for detailed court proceedings. You may need an attorney’s representation if your case involves a large sum of money, potential jail time, or other serious components. An attorney will know how to navigate the details of the case to help achieve the best outcome.

While an attorney’s obligation is to provide fair and competent representation, you should still practice due diligence when making your decision for representation. Personal referrals or positive reviews are helpful in determining which attorney to hire, but how do you make your decision if neither are available?

(1) What Type Of Lawyer Do You Need?

The first step you're going to need to take is determining what kind of lawyer you'll need. In both criminal and civil cases, you're going to find a lot of attorneys specialize in certain fields of law. For example, I am a criminal attorney , I represent clients in DUI/DWI, battery, lewd conduct, domestic violence, traffic, criminal damage to property, shoplifting, and things too that nature.

You'll find some lawyers specialize in workers compensation or personal injury. To my point, you should should find an attorney that specializes in the field of law you need.

(2) Start Evaluating Lawyers

Once you know the specialized field of the attorney, you can begin to evaluating attorneys to call.

Now, some people need an attorney now, I understand that but that doesn't mean you should call the first attorney you come across. I know this all too well. As a criminal lawyer myself, many of my clients need an attorney right away. They often perform a Google search, type in New Orleans criminal lawyer," and they call the first number they see.

While there's nothing wrong with that in practice, take a minute to look over the profiles of the attorneys you're viewing. You should want an experienced attorney that has credentials and plenty of real reviews. Google reviews is fine, just be sure you evaluate the list Google populates for you. If you do this alone, you have a higher probability of finding a good lawyer.

Above, you can my Google profile for my New Orleans law firm. As you can see, I have 40 (5) star reviews potential clients can see on my Google Business Listing. Here, you can review what my clients have said about their experiences working with me. At the very least, you should take a few minutes to review the attorneys you're considering.

Don't just call anyone, take a few minutes and review your potential attorneys.

(3) Make Sure You Ask Questions

I always try to encourage my clients to ask questions during our initial consultation. I want to make sure they fully understand everything and what to expect.

While there's a ton of questions I get depending on the scenario, here's a few of the most common I'm asked.

Do you think you can win my case?
How much do you charge?
Do you accept payment plans?
How often do we need to talk?
Can you appear for me in court?
How often will you provide updates?

Don't be afraid to ask questions, you want to have an attorney that you fit well with.

(4) Reach Out Or Schedule Your Consultation

Once you've done all of your due diligence, you need to schedule a consultation.

You should be able to find their phone number or website, reach out and talk to them. If required, schedule a consultation.

If you can follow these steps, you're going to be able to hire a good lawyer. No question about it.

I Need A Criminal Defense Attorney In New Orleans Louisiana - Where Should I Start?

Tue, 11 Aug 2020 23:54:33 GMT

We'll discuss how you should proceed finding your criminal defense attorney.

Question: I need a criminal defense attorney in New Orleans, where should I start?

For any of you that are trying to find a criminal defense attorney in New Orleans , make sure you do your due diligence.

I know this is a trying time for you, it's real easy to do a quick Google search and call the first number you see. While there's nothing wrong with using Google to find a criminal defense attorney in New Orleans, there's some specific things you want to look for while you're doing that search.

Even if you haven't been charged yet , you should consider hiring an attorney.

(1) The Criminal Attorney Better Have Experience

If you're facing criminal charges, the last thing you want is a criminal lawyer with no experience. Rather, you want an attorney that has a long track record of success. Experience matters in criminal procedures, not only for "knowledge" about criminal law in general, but you want a New Orleans criminal defense lawyer that knows the "system."

For example, you're going to be dealing with New Orleans prosecutors, the New Orleans criminal system, you better have an attorney that knows them well. For example, I have over 22 years experience as a New Orleans criminal defense attorney and I've represented over 2,400 clients during that span. As the system is now, I know everyone that makes it up, this can be prove to be a pivotal moment in your criminal proceedings.

(2) The Criminal Attorney Needs A Track Record Of Success

No two attorneys are the same. If you're looking for the right criminal attorney to represent you and you better, you want to check in on their results. It's one thing to say it, it's another when an attorney's clients speak up.

For example, some of the clients I represented have left me reviews on Google. This is a great way to see what an attorney's clients are saying.

If you want to see my reviews, just click here to view them .

While this is only 1 platform I have reviews on, you can see I have (40) 5 star reviews on Google.

You want to follow the link above, read those reviews and this is going to give a general idea of what you can expect working with an attorney.

(3) The Criminal Attorney Needs To Know The New Orleans "System"

While I touched on this briefly above, it deserves to have its own place here.

Over the decades, I've built relationships throughout the New Orleans court systems. Those relationships matter, they matter to me but they will matter to you just as well.

Like I said earlier, I know how the New Orleans prosecution and prosecutors. I know what they like, what they don't like, how they act, how they will react, and this level of experience is an advantage in your criminal case.

When you know the "map" you're playing on and who you're playing against, you can form the right plan.

(4) The Criminal Attorney Needs To Be Available

At some point, many of us have worked with an attorney that was very hard to reach, right? I know I have myself when I was younger, I know many clients that have had similar experiences.

Personally, I'm always available and I feel that should be the way it is always. Sure, criminal attorneys are busy. However, you deserve to have your phone calls and messages answered in a reasonable time frame.

In fact, if you reach out right now, I guarantee I'll answer. Try me! (504) 465-0101

(5) The Criminal Attorney Should Have Options Available

Every client has concerns about hiring a criminal defense attorney, especially as it pertains to how they will pay that attorney.

I'm proud to say that we have financial options for our clients.

Now, I can understand why some New Orleans criminal defense attorneys don't have such options. However, I'm glad we do and it's allowed me to help out a lot more people. In the end, that's what it's all about.

(6) Hiring A New Orleans Criminal Defense Attorney

If you follow these 5 steps, I feel you can't go wrong hiring a New Orleans criminal defense attorney . And while I'm a New Orleans attorney myself, I know these 5 steps are justified and without fail.

If you need to hire a criminal defense attorney, we're always here for you.

You can reach us by CALLING (504) 465-0101 or through TEXT (504) 427-6210.

When Should I Hire A Criminal Defense Attorney?

Tue, 11 Aug 2020 22:16:27 GMT

Thinking about hiring a criminal defense attorney? Here's what you need to know.

If you or a loved one has recently run into some legal trouble, you are probably wondering at what point you should hire a criminal defense attorney. There are a lot of things to consider, and often the primary worry is cost. This is a fair concern to have, considering that attorney fees can be very expensive. However, hiring an attorney early in the process can often result in fewer large expenses down the road.

What Is A Criminal Defense Attorney?

A criminal defense attorney is someone who is there to guide you through your legal problem and defend you when necessary. The legal system can be tricky and when you are in trouble with the law, it is important to have someone who knows how to guide you through your issue. Depending on the seriousness of your problem, the consequences could be much worse than being out a couple thousand dollars if you decide to go it alone.

When Should I Hire A Criminal Defense Attorney?

In the best possible scenario, it would be nice to have an attorney from the moment you get arrested. While this is likely not practical for most, you should attempt to speak to an attorney as soon as possible after being released from your arrest. This is especially true if you're facing a more serious criminal allegation.

In most cases, you'll be let out and you'll receive a date on which your arraignment takes place. An arraignment is a hearing, this is where you'll hear what you are being charged. At this time, you'll be given a chance to plead guilty or not guilty. You may also have a chance after the arraignment to meet with the prosecutor. This is just one reason why it is extremely helpful to have counsel available to you at this point, given that this is a meeting you do not want to go into by yourself.

Speaking to your lawyer prior to the arraignment will allow you to have a complete understanding of the charges that are being brought against you before you even set foot in a courtroom. Perhaps more importantly, you will understand the range of punishments you could face should you be found guilty. This will give you the ability to weigh the pros and cons of fighting your charge versus seeking a plea bargain.

Fighting a charge can be a painful and emotional process. The personal support and comfort you receive from having someone who has been there before and knows his or her way around the legal system is invaluable. Just having them there can make each and every step along the way much less grueling.

Hiring The "Right" Criminal Defense Attorney

There's no questions about it, this is a stressful time. However, you don't want to jump to conclusions. Before you hire any criminal defense attorney, please do your research. ALWAYS

You want a criminal defense lawyer that has experience and a proven track record, not just the first number you see. Experience matters, a track record of success matters. You should also take the time to check out that attorney's reviews on Google, Facebook, Trust Pilot, or other reputable review sites.

Lance J. Robinson is a New Orleans criminal defense attorney with over 22 years experience. Lance has a long track record of helping his clients get results. In his career, Lance has represented over 2,400 clients. On top of that, Lance is one of the most decorated and highest reviewed criminal defense attorneys in New Orleans. (You can check out Google for yourself!)

We understand you have questions, we want to help you answer those questions. Contact us now for a free consult, learn about your rights and everything in between. You can reach us at 504-465-0101. If you wish, you can use this contact form here as well.

Should I Get A Lawyer Before Being Charged?

Tue, 11 Aug 2020 21:57:05 GMT

Do I need to hire an attorney because I may get charged... Let's talk about it.

Should I Get A Lawyer Before Being Charged?

Should I get a lawyer before being charged?

If you've been accused of a crime, you may not take the accusations seriously because criminal charges have not been filed against you. However, just because you have yet to be charged with a crime does not mean charges won’t be filed against you. What may be taking place is referred to as a pre-filing investigation.

During a pre-filing investigation, the police analyze a case to try to find more evidence or try to make sense of any hidden or ambiguous facts before charges are filed.

The following are six reasons why you need to hire an experienced criminal defense attorney as soon as you suspect you may be charged with a crime;

1. Attorney Can Influence The Prosecutor

During your pre-filing investigation, the prosecutor could file serious charges against you based on the early investigation done by the police. If you don't have a criminal defense attorney to monitor the prosecutor, the prosecutor can aggressively file charges against you with very little oversight if any. This is why I always recommend hiring an experienced attorney so you have someone who can monitor the prosecution so you're not facing outrageous charges.

2. Attorney Can Talk To Law Enforcement

It's not unusual for the police to try and speak to you before criminal charges are filed against you. It's possible that the police may want to talk to you in person or over the phone. They could be talking to you to get additional information, but they may also be trying to get you to confess. While they may act like they're on your side, anything you give them may be used against you in court. This is why it's vital to have a criminal defense lawyer that can speak on your behalf.

3. Attorneys Can Monitor Your Case Status

The pre-filing investigation can take a long time, it could be weeks, months, even years before criminal charges may be filed against a person. If you've hired a criminal attorney, your lawyer can keep you up-to-date on how your case is going. As they have conversions with police and the prosecution, they will able to relay information to you.

4. Attorney Can Explain Charges You Face Clearly

If you have been accused of a crime, your attorney can clarify what that crimes mean, the effects it can have on your life and what you need to do during these trying times. A good criminal attorney is going to understand how the court system works in New Orleans (or what area you live in. Also, where your crime took place can determine certain factors within the court (which could be leniency of judges, prosecutors, procedures, etc.) All of these can have an impact on your case. When you have questions about this, your criminal lawyer can answer those questions.

5. Attorney Can Build A Strong Defense Against Charges

For those reading that have been accused of a crime, it is important to retain an experienced attorney as soon as possible so that attorney can review your case and start building your defense against the charges against the charges. Your criminal defense team can begin building your case, talking to law enforcement, witnesses, etc. Without an attorney, you're going to be limited to the information you can obtain.

6. Attorney Can Get Charges Reduced Or Dismissed.

Retaining an attorney during the pre-filing investigation does have benefits. To begin with, the attorney will be doing his/her own research on your case. Before the prosecution has an opportunity to file charges against you, your attorney can try to speak to the prosecutor and try to convince the prosecutor to not file charges against you based on your attorney’s investigation. Your attorney will then have the opportunity to show the prosecutor new facts in your case that can lead to reduced charges or no charges at all.

7. Attorney Can Make A Huge Impact On Results

If you have the opportunity to get a great criminal defense attorney, they can be the difference between good results vs bad results. It's easy to search for a criminal defense attorney via Google and call the first one you see. However, we encourage you do to your due diligence. We understand this is a trying time for you, make no mistake about it. Even so, not all attorneys are created equal.

If you're looking for an aggressive New Orleans criminal lawyer with the experience to boot, give Lance a call. Criminal defense attorney Lance J. Robinson has over 22 years experience and has successfully represented over 2,400 clients. He has a long track record of success and is one of the most reviewed criminal attorneys in Google (You can check for yourself!)

If you need a New Orleans or Louisiana criminal defense attorney, give us a call at 504-465-0101. Don't hesitate to reach out, our initial consult is absolutely free and we'd love to help answer any questions you may have.

What Does A Criminal Defense Attorney Cost?

Tue, 11 Aug 2020 21:11:51 GMT

How much will your criminal defense lawyer cost you? Let's talk about it.

Breaking Down The Costs Of A Criminal Defense Attorney

A criminal defense attorney cost varies depending on the specific details of your criminal case. Still, you may expect to pay $200-$1,000 a hour. If you have a hourly fee structure, it wouldn't take much time for a criminal defense attorney bill to surpass $5,000.

Criminal defense attorney costs will typically vary based upon various factors. These may include: the severity of your criminal charges, the notoriety or experience of your criminal attorney, the complexity of legal issues in your case, or whether your case would go to trial or not. Because of this, it is important when hiring a criminal defense attorney to discuss the attorney’s fees prior to entering into a written contract.

Some criminal defense lawyers may require you to make a payment to retain them.

Now, these criminal defense costs are only estimates. There's just no way to give an accurate estimate without knowing your criminal case.

If you'd like to get an accurate estimate on how much your criminal defense will cost you, contact us at 504-465-0101.

Criminal Defense Attorney Fees

If you are looking to hire a criminal lawyer, you're likely in a difficult situation and need immediate assistance of a criminal defense attorney ASAP. If you're facing criminal charges , whether that would be a minor charge or a severe charges, it should be took as is a serious matter. When we say "serious," we mean it, you could face jail time, monetary fines, loss of future employment opportunities, and other criminal charges. In fact, you may have a criminal record built on you. Due to this, you should immediately find an experienced and qualified criminal defense attorney to help you with your charges.

It is the United States Constitution that guarantees you the right to counsel in criminal prosecutions. If you cannot afford to hire an attorney, the court will appoint a lawyer for you. However, if the court decides based on your income and assets that you can afford an attorney, you may be forced to hire a private attorney, although you may be able to represent yourself, but we wouldn't recommend that.

What Does A Criminal Defense Attorney Do?

If a criminal claim has been brought up against you, you could be facing criminal penalties, which may include fines, jail time, possibly even both. If you've been charged or are under arrest for suspicion of having committed a crime, we'd recommend having a consult with an experienced criminal defense attorney before you ever respond to any type of criminal prosecution.

A decorated and experienced criminal defense attorney will be able to help you, they can guide you through the full length of the criminal legal process and help you with any criminal charges that have been brought up against you.

Most people are looking for a criminal defense attorney after you've been arrested, in police custody, or after you've been booked through the police system. Once these scenarios occur, you're usually given an opportunity to post bail before any arraignment is held, which would be where you'd be read the criminal charges brought against you. During the arraignment, you will likely be asked to enter your plea, and should there be no plea bargain, a preliminary hearing will be held where a judge will determine whether there is sufficient evidence to charge you with a crime.

As I'm sure you're seeing, these criminal procedures can be complex and confusing, down right scary at times too. However, I don't want you to be scared, but do make sure you get help. As an experienced criminal defense attorney with 22+ years in the book, I totally understand how you feel right now. If you can afford to hire a criminal attorney, I always recommend it, especially one with a proven track record of success.

How Much Does It Cost To Hire A Criminal Defense Attorney?

I touched on this above, the costs of criminal defense lawyers are going to greatly vary, no two criminal cases are going to be the same. There will be a number of different factors that can affect the overall costs of a criminal case, these include but are not limited to:

Defendant’s Income - Yes, your income can determine whether you'll be eligible for a court-appointed attorney or whether you're going to need to hire your own attorney. Now, as it pertains to different jurisdictions, everyone place has their own set of rules. You'll find out that there's different qualifications to determine if someone can afford to hire their own attorney. If you do qualify based on your income, the court will appoint a public defender to represent you, it's paid for by the government and guaranteed in our Constitution.

Investigation and Experts - As I've touched on in this article, some criminal cases can be complex and large. In fact, some may require the need for additional resources, such as investigators and/or expert witnesses. In this case, criminal defense costs can jump quickly. Let me use an example to give you more clarity.

Let's say a defense attorney needs to hire an expert chemical tester, they're needed to contest or explain the results of a BAC analysis in a DUI trial. Perhaps, a psychologist would need to be hired if the defendant wanted to plead insanity. In such scenarios, additional money is needed for these request. There's another few dozen examples we could make, in the end, you just never know how much costs will be needed.

Defense Attorney Fees - Yes, criminal defense attorneys do not all cost a fixed amount of money. Attorney’s fees will vary according to several factors. Some of the more important factors affecting an attorney’s rate include:

The experience of the attorney;
The track record of the attorney;
The skill of the attorney;
The seriousness of the offense;
The complexity of the legal issues in the case;
The amount of time invested by the attorney;
The delegation of tasks for law clerks, paralegals, etc.;
Whether the case goes to trial or not;
Whether the attorney charges a flat fee or hourly.

Do Criminal Defense Lawyers Charge a Flat Fee?

Although many criminal defense lawyers rarely charge a flat fee for certain criminal cases, it's possible that a some criminal defense lawyers may have certain scenarios where a flat fee would be charged. For example, if you need represented for a simple misdemeanor charge, an attorney may charge a flat fee of $1,500 to $3,000 to represent you.

Let's say you have a speeding ticket case and need a traffic ticket attorney . The criminal attorney may only charge you a flat fee to represent you. Important to note, a flat fee arrangement does not come with a guarantee of getting a specific outcome, so be sure to keep that in mind.

Lance J. Robinson is a New Orleans criminal defense attorney with over 22 years experience. If you've been charged with a criminal crime in New Orleans or Louisiana, be sure to reach out for help. Get a free initial consult right now by calling 504-465-0101 or click here for our contact form .

What Is The Duty Of A Criminal Defense Attorney?

lancerobinson@bellsouth.net (Lance Robinson) — Tue, 11 Aug 2020 16:00:11 GMT

What exactly does a criminal defense attorney do? Let's talk about it.

As a New Orleans criminal defense attorney , I see a lot of criminal defense cases from residents outside of the state. Location matters as it pertains to criminal law, New Orleans is well known for hosting some "fun" events to say the least. Due to this, I see a lot of DUI, DWI, public intoxication cases. Location will play a role in what a criminal defense lawyer offer as a service.

Some of you may be wondering "exactly" what a criminal defense attorney does. In general, criminal defense attorneys represent clients that are facing criminal charges. Now, there's many different layers to "criminal defense," here's a few where you can learn more information as needed.

DUI And DWI - We do handle traffic offenses, including DUI and DWI. If you've been arrested, be sure to give us a call right away if you're arrested for DWI or DUI. We may be able to help you with your driver privileges if you contact us right away.
Public Intoxication - Once you have been charged with public intoxication, you could be issued a citation, receive a summons to appear in court, or get arrested and brought to jail. If you've been charged with public drunkenness, give our office a call immediately.
Disturbing The Peace - When you retain Lance J. Robinson as your New Orleans lawyer for disturbing the peace charges, we commit to helping you every step of the way. In fact, we may be able to help you not be required to attend court. Contact our office today to learn how we can help.
Criminal Trespass - If you have been charged with criminal trespass in New Orleans or the surrounding area, you could either receive a summons to appear in court or you could be arrested and brought to jail. In either case, you should be assigned an arraignment date to appear in court.
Lewd Conduct - If you’re already facing a lewd conduct charge, you need to act quickly and discover what your options are for beating it. It’s important to note that lewd conduct doesn’t necessarily equate to sexual misconduct. You can reach us right now by calling 504-465-0101 or by texting 504-427-6210.
Criminal Damage To Property - If you are charged with criminal damage to property in New Orleans, you will either receive a summons to appear in court or you could be arrested and brought to jail. If you are issued a summons for criminal damage to property you should not ignore the summons hoping it will go away-in fact, there are serious consequences ignoring a summons.
Simple Battery - Simple battery is less violent and less severe than aggravated battery. However, a charge of simple battery may rise to an aggravated battery charge if the victim receives injuries that become more serious. Be sure to contact a New Orleans criminal defense attorney right away.
Domestic Abuse Battery - If you are charged with domestic abuse battery, it is imperative that you choose a criminal defense attorney with extensive experience to defend you and protect your rights.
Traffic Tickets - No one likes going to traffic court. That is why it is better to have an attorney help you with your traffic tickets. If you have received a traffic ticket for speeding or any other traffic offense, please call us for a free consultation.
Expungement - Expungements are the process by which a person's legal record of arrest or conviction is "sealed" or erased from public view. If an arrest or conviction is expunged, it will not appear on your criminal background check for most employers. It is always recommended to expunge any arrest or conviction to prevent any restrictions you could face in the future.

Now, some criminal defense lawyers defend those who have been charged with murder, theft, etc. While many of these people are appointed an attorney because they can't afford one, some people do hire their own attorneys.

Criminal law is deep as you've learned and there's many layers depending on exactly what type of criminal defense you're referring too.

New Orleans Battery

Mon, 15 Jun 2020 17:16:23 GMT

Have you've been charged with battery?

Today, we're talking about battery charges in New Orleans .

A lot of our past clients have been from out of state. They've come down to the city, wanting to have a good time. They end up bumping into something and things go south. It happens, but it can be quite stressful, especially when you're far away from home.

Fortunately, you may be able to get back home, I may be able to appear for you.

If you've been charged with battery in New Orleans, give me a call for a free consult to learn more. (504) 465-0101

What about being local? If you're from New Orleans, many of the same things apply. Just because you've been charged with battery doesn't mean you'll have to appear in court, but I may be able to appear for you.

Again, just give me a call and we'll see what we can do for you.

After more than 20+ years as a New Orleans criminal defense attorney, I've seen a little bit of everything. Get the experience and representation you deserve. Learn more: New Orleans Criminal Defense Attorney

New Orleans Criminal Defense Attorney

Mon, 15 Jun 2020 16:41:04 GMT

Should I hire a criminal defense lawyer?

If you're looking for a criminal defense attorney in New Orleans to represent you, I'd highly recommend choosing a lawyer that has experience. My name is Lance Robinson, I've been a New Orleans criminal defense attorney for 22+ years. Over that span, I've seen it all. In fact, I've represented over 2,400 clients in that span.

I know you have questions, concerns, and you're looking for answers. I'm here to help.

Tell you what, I always have my phone by my side. Give me a call at 504-465-0101 and get a free consultation.

What does that mean? Well, we want to see what your options are. You'll have the opportunity to tell me exactly what happened and I can help you make the best decision to move forward.

We have experience representing clients for;

New Orleans Lewd Conduct

Mon, 08 Jun 2020 23:48:04 GMT

Have you been charged with lewd conduct?

New Orleans criminal defense attorney Lance Robinson discusses New Orleans lewd conduct charges . If you've been charged with lewd conduct, you do have rights. Be sure to reach out for a free consultation by calling us at 504-465-0101 or you can use the contact page to notify us via a form.

Learn more about Lance: New Orleans Criminal Defense Attorney - Criminal defense lawyer Lance J. Robinson has over 22 years experience and has represented over 2,400 clients facing criminal charges. If you need an aggressive attorney to fight for your rights, contact Lance today to learn more about how we can help.

New Orleans Domestic Violence Charge

Mon, 08 Jun 2020 23:45:50 GMT

Were you charged with domestic violence?

New Orleans criminal defense attorney Lance Robinson discusses New Orleans domestic violence charges. If you've been charged with domestic violence, you do have rights. Be sure to reach out for a free consultation by calling us at 504-465-0101 or you can use the contact page to notify us via a form.

Learn more about Lance: New Orleans Criminal Defense Attorney - Criminal defense lawyer Lance J. Robinson has over 22 years experience and has represented over 2,400 clients in criminal court. Lance has a long track record of producing results and is one of the most decorated criminal attorneys in Louisiana.

New Orleans Public Intoxication

Mon, 08 Jun 2020 21:58:36 GMT

Have you been charged for public intoxication in New Orleans?

New Orleans criminal attorney Lance Robinson discusses public intoxication in New Orleans . If you or a loved one has been charged for public intoxication, you still have rights you need to be aware of. You can reach us at 504-465-0101 or by using our contact form.

Learn more about Lance: New Orleans Criminal Defense Attorney - Criminal defense lawyer Lance J. Robinson has over 22 years experience and has represented over 2,400 clients in criminal court. Lance has a long track record of producing results and is one of the most decorated criminal attorneys in Louisiana.

New Orleans Criminal Damage To Property

Mon, 08 Jun 2020 21:56:15 GMT

Have you been charged for damaging a property?

New Orleans criminal attorney Lance Robinson discusses criminal damage to a property . If you or a loved one has been charged criminally for damaging a property, you still have rights you need to be aware of. You can reach us at 504-465-0101 or by using our contact form.

Learn more about Lance: New Orleans Criminal Defense Attorney - Criminal defense lawyer Lance J. Robinson has over 22 years experience and has represented over 2,400 clients in criminal court. Lance has a long track record of producing results and is one of the most decorated criminal attorneys in Louisiana.

New Orleans Minor In Possession Of Alcohol

Sun, 07 Jun 2020 16:24:36 GMT

Was a minor charged for possession of alcohol?

New Orleans criminal attorney Lance Robinson discusses a minor being charged of alcohol possession . If your child or loved one has been charged of alcohol possession as a minor, you have rights. You can reach us at 504-465-0101 or by using our contact form.

Learn more about Lance: New Orleans Criminal Defense Attorney - Criminal defense lawyer Lance J. Robinson has over 22 years experience and has represented over 2,400 clients in criminal court. Lance has a long track record of producing results and is one of the most decorated criminal attorneys in Louisiana.

New Orleans Marijuana Charge

Sun, 07 Jun 2020 16:21:24 GMT

Were you charged with marijuana possession?

New Orleans criminal attorney Lance Robinson discusses marijuana charges in New Orleans. If you've been charged with marijuana possession, reach out and learn your rights. You can reach us at 504-465-0101 or by using our contact form.

Learn more about Lance: New Orleans Criminal Defense Attorney - Criminal defense lawyer Lance J. Robinson has over 22 years experience and has represented over 2,400 clients facing criminal charges. If you need an aggressive attorney to fight for your rights, contact Lance today to learn more about how we can help.

While marijuana laws in general have changed a lot, you can still face time in jail if you don't know how to proceed in your criminal case. If the city of New Orleans has charged you with marijuana possession, it's time to get an attorney.

New Orleans Theft And Shoplifting Charges

Sun, 07 Jun 2020 16:17:00 GMT

Were you charged with theft or shoplifting?

New Orleans criminal attorney Lance Robinson discusses theft and shoplifting charges in New Orleans. If you've been charged with theft or shoplifting, reach out and learn your rights. You can reach us at 504-465-0101 or by using our contact form.

If you've been charged for theft or shoplifting in New Orleans, reach out to Lance today and make sure your rights are protected.

New Orleans Drug Charges

Wed, 01 Jan 2020 15:40:25 GMT

Challenge your arrest!

Don’t let a minor charge today prevent you or your loved one from getting a job tomorrow! Previous drug charges on your criminal record can be seen by potential employers. We handle all misdemeanor and felony drug charges. Many drug charges directly follow a traffic stop . The police may only stop you for a legitimate reason. We can ensure that an illegal search and seizure did not occur.

At the Law Office of Lance J. Robinson, we take great care to thoroughly review all evidence and circumstances around the case. We build a strong defense strategy based on the strength of the facts.

If you are arrested for a criminal offense, you need a skilled and experienced attorney in your corner fighting for you. Lance J. Robinson has been representing clients in criminal courts for over 22 years and has been vigilantly protecting the rights of the accused guaranteed by the Constitution. Lance J. Robinson will be your advocate before the prosecuting attorney, the judge, and the jury.

Lance Robinson is a New Orleans criminal attorney with over 20 years of experiencing defending clients. If you need an attorney to fight for your rights, don't hesitate to reach out to us. You can call us at 504-465-0101 or you can use our contact form . If you have a question or just need some direction, we'd love to help you.

DWI/DUI Penalties

Fri, 11 Oct 2019 20:19:02 GMT

We're discussing DWI and DUI penalties in New Orleans.

If you're facing DWI/DUI penalties in New Orleans , we recommend getting represented as soon as possible.

Have you or a loved been arrested for driving while intoxicated (DWI) in New Orleans? It doesn't matter whether the New Orleans Police Department or the Louisiana State Police pulled you over, DWI cases generally follow a similar path through the court system in the "Big Easy." FindLaw has put together some information about a New Orleans DWI case including the law, potential criminal penalties and license suspensions.

New Orleans DWI Charges

You can find the DWI laws in Louisiana Revised Statute 14:98 . It states that a DWI means you were operating a motor vehicle when under the influence of alcohol, or controlled dangerous substance drugs, or, when a person's blood-alcohol content (BAC) is .08 or greater.

DWI Penalties

Every case is different depending on the facts and circumstances. However, here are some standard penalties for a first-time alcohol or drug-related driving crime in Louisiana.

First-Time Louisiana DWI

A first-offense DWI is considered a misdemeanor with the following penalties:

Up to six months imprisonment or a fine of $300 to $1,000
48 hours in jail
Up to two years probation
30 hours of driver's education
Community Service

Enhanced Penalties

BAC over .15, then an additional 48 hours of the jail sentence;
BAC over .20, then 48 hours of mandatory jail, plus a fine of $750 to $1,000, and an ignition interlock device must be installed for a period of 12 months

At the Scene

If a New Orleans police officer thinks you are under the influence of drugs or alcohol, he can ask you take a series of roadside tests. If you perform poorly on these tests, you'll be arrested and brought to jail.

Implied Consent and Refusal

In Louisiana, every driver has already given consent to give a blood or breathe sample if an officer suspects they are intoxicated. This is known as implied consent.

If you refuse to take the chemical test, your license will be suspended for 180 days; if you are stopped for suspicion of DWI/DUI and take the breath test and the results show a .08 percent or higher, your license will be suspended for 90 days. Your suspension will be automatic unless you've requested an administrative hearing with the DMV.

License Suspension: Act Fast

After a DWI arrest, you have only 15 days to ask for an administrative hearing from the Louisiana Department of Motor Vehicles (DMV). Once you request the hearing, the DMV will have to prove that the suspension is lawful before your license will be suspended. Missing this deadline will result in the automatic loss of your driving privileges for a minimum of 90 days -- without exception. What many people do not realize is that this suspension is entirely separate from the state's criminal proceeding and can take place even before being convicted of drunk driving.

Arraignment

This will be your first appearance whether it's a misdemeanor or a felony. The judge will inform you of the charges and set bail. She may impose additional conditions such as alcohol testing. You will enter a plea of not guilty, guilty, or no contest. You can hire a lawyer, represent yourself, or ask for a public defender. Finally, the judge will set a pretrial conference.

Pretrial Conference: Misdemeanor/ Felony

Pretrial conferences are where the plea negotiations take place. In a misdemeanor, it'll happen after the arraignment, but before trial. In a felony, they happen before the preliminary hearing. If your attorney and the prosecutor can't come to a compromise, you will have a trial. The prosecutor must prove you guilty beyond a reasonable doubt to a jury of twelve people.

In Closing

If you've been arrested for a DWI in New Orleans, you should expect a number of serious penalties.

However, before you go, we recommend talking to a New Orleans criminal defense attorney right now.

Orleans Parish Municipal Code-Offenses against a Person

Fri, 11 Oct 2019 20:16:12 GMT

Orleans Parish Municipal Code -Offenses Against the Person

Lance Robinson is a New Orleans criminal attorney with over 20 years of experiencing defending clients. If you need an attorney to fight for your rights, don't hesitate to reach out to us. You can call us at 504-465-0101 or you can use our contact form . If you have a question or just need some direction, we'd love to help you.

ARTICLE III. - OFFENSES AGAINST THE PERSON

Sec. 54-96. - Battery.

(a)

It shall be unlawful for any person to commit the crime of battery.

(b)

Battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.

(Code 1956, § 42-26)

State Law reference— Similar provisions, R.S. 14:33, 14:35.

Sec. 54-97. - Assault.

(a)

It shall be unlawful for any person to commit the crime of assault.

(b)

Assault is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.

(c)

Whoever commits the offense of assault shall be fined not more than $200.00 or confined for not more than 90 days, or both.

(Code 1956, § 42-27)

State Law reference— Similar provisions, R.S. 14:36, 14:38.

Sec. 54-98. - Negligent injuring.

(a)

It shall be unlawful for any person to commit the crime of negligent injuring.

(b)

Negligent injuring is the inflicting of any injury upon the person of another by criminal negligence.

(c)

The violation of any law of the state or any ordinance of the city, punishable by fine and/or imprisonment, shall be considered only as presumptive evidence of such negligence.

(Code 1956, § 42-28)

State Law reference— Similar provisions, R.S. 14:39.

Sec. 54-99. - False imprisonment.

(a)

It shall be unlawful for any person to commit the crime of false imprisonment.

(b)

False imprisonment is the intentional confinement or detention of another, without his consent and without proper legal authority.

(c)

Whoever commits the crime of false imprisonment shall be fined not more than $200.00, or imprisoned for not more than six months, or both.

(Code 1956, § 42-29)

Lance Robinson is a New Orleans criminal lawyer with over 20 years of experiencing defending clients in criminal cases in New Orleans. If you need a criminal attorney to fight for your rights, don't hesitate to reach out to us.

You can call us at 504-465-0101 or you can use our contact form . If you have a question or just need some direction, we'd love to help you.

You can also text us at 504-427-6210.

Domestic Violence

Mon, 30 Sep 2019 20:32:34 GMT

Louisiana Law on Domestic Violence

Lance Robinson is a New Orleans criminal attorney with over 20 years of experiencing defending clients. If you need an attorney to fight for your rights, don't hesitate to reach out to us. You can call us at 504-465-0101 or you can use our contact form . If you have a question or just need some direction, we'd love to help you.

ARTICLE VIII. - DOMESTIC VIOLENCE
Sec. 54-525. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Domestic violence means the occurrence of one or more of the following acts by a family or household member, but does not include acts of self-defense:

(1)

Attempting to cause or causing physical harm to another family or household member;

(2)

Placing another family or household member in fear of physical harm;

(3)

Causing another family or household member to engage in involuntary sexual activity by force, threat of force, or duress; or,

(4)

Committing one or more of the following crimes against another family or household member:

a.

Arson, of any grade;

b.

Assault and battery, of any grade;

c.

Burglary, of any grade;

d.

Criminal damage to property;

e.

Homicide, of any grade;

f.

Kidnapping, of any grade;

g.

Sex offenses, of any grade;

h.

Any offense involving stolen property;

i.

Any weapon law violation;

j.

Disorderly conduct;

k.

Stalking; and

l.

Criminal trespass of property.

Family or household members means as follows:

(1)

Adults or minors who are current or former spouses;

(2)

Adults or minors who live together or who have lived together;

(3)

Adults or minors who are dating or who have dated;

(4)

Adults or minors who are engaged in or who have engaged in any type of sex act;

(5)

Adults or minors who are related by blood or adoption;

(6)

Adults or minors who are related or formerly related by marriage; or

(7)

Persons who have a child in common; and, minor children of a person with whom the offender has been or is in a relationship that is described in subsections (1) through (6) of this definition.

(M.C.S., Ord. No. 16,673, § 1(42-525(1)), 10-6-94)
Sec. 54-526. - Acts of domestic violence prohibited.

No person shall commit an act of domestic violence as defined in section 54-525 .

(M.C.S., Ord. No. 16,673, § 1(42-525(2)), 10-6-94)
Sec. 54-527. - Penalties for acts of domestic violence.

Any person who violates this article shall be subject to the following penalties:

(1)

Imprisonment in the parish jail for not more than five months, provided that for a first offense, some or all of the imprisonment may be suspended;

(2)

A fine of not more than $500.00, for a first offense; or not less than $300.00 and not more than $500.00, for subsequent offenses;

(3)

Community service;

(4)

Participation in a court-approved domestic abuse counseling program; and/or

(5)

If the court in its discretion deems it appropriate, it may offer to suspend a portion of the sentence imposed, on the condition that the offender makes complete financial restitution necessary to cover the costs of restoring any property damaged or any other expenses caused by the actions of the abusive party.

(M.C.S., Ord. No. 16,673, § 1(42-525(3)), 10-6-94)
Sec. 54-528. - Duties of law enforcement officers.

(a)

A law enforcement officer who responds to an allegation of domestic abuse and/or has probable cause to believe that a violation of this article has been committed or attempted, shall, in the officer's sound discretion, use all reasonable means to protect the victim and prevent further violence, including but not limited to:

(1)

Arresting the offending party whether or not the offense occurred in the officer's presence;

(2)

Taking the action necessary to provide for the reasonable safety of the victim and any other family or household member;

(3)

Confiscating any weapon identified by the victim or a witness as being involved in the alleged domestic violence;

(4)

With the victim's consent, transporting or obtaining transportation for the victim and any child in the victim's custody in obtaining medical treatment, including obtaining transportation to a medical facility in the city; and

(5)

Giving the victim immediate and adequate written notice of the rights of victims and of the remedies and services available to victims of domestic violence.

(b)

A law enforcement officer who has reason to believe that a violation of this article has occurred, shall make a written report of the alleged incident, including a statement from the complainant, the action taken by the officer and other relevant information on a standard form prescribed by the superintendent of police.

(c)

Where the allegation of domestic abuse is known to involve a member of the police department or another commissioned peace officer, the investigation and report shall be made by a law enforcement officer, with a rank of lieutenant or higher. However, in all cases, the investigation and report shall be made by an officer with a rank higher than the alleged offender and a copy of the report shall be provided to the superintendent of police.

(d)

The superintendent of police shall compile and maintain statistical information pertaining to incidences of domestic violence.

(M.C.S., Ord. No. 16,673, § 1(42-526), 10-6-94)
Sec. 54-529. - Conditions of bail.

(a)

Whenever an arrest is made for a violation of sections 54-525 through 54-527 the arresting officer shall, upon taking the arrested person to a facility for booking, notify the custodian of the facility that the person in custody has been arrested on a charge of domestic violence.

(b)

The custodian of the facility shall notify the municipal court judge that the individual was arrested for an offense in violation of sections 54-525 through 54-527 . He shall further advise the judge of any prior record of arrest and/or convictions of the arrestee.

(c)

The municipal court judge shall set the bail and a condition of bail shall be that the arrestee be required to execute a peace bond.

(d)

Upon release, the arrestee shall be notified of his arraignment date.

(e)

During the duration of a peace bond and/or stay away order, either party may petition the municipal court for an ex parte order allowing that party to return to the residence to recover the party's personal clothing and/or necessities providing that the party is accompanied by a law enforcement officer to ensure the safety of all involved persons. The enforcement agency providing this protection shall require payment for the actual cost of services rendered under this section, and these costs may be assessed against the offending party as court cost, but the inability to pay shall not prohibit the law enforcement officer from providing the protection provided for in this article.

(f)

The clerk of court and the city attorney shall notify the individual residing in the residence of the date and time the party and the law enforcement officer will arrive at the residence.

(M.C.S., Ord. No. 16,673, § 1(42-128), 10-6-94)
Sec. 54-530. - Stay away orders and peace bonds.

(a)

Terms and conditions. If a defendant is found guilty of an offense involving domestic violence as prohibited be section 54-526 of this Code, the municipal court may require that the defendant refrain from going to the residence or household of the victim, the victim's school, or the victim's place of employment, or otherwise intentionally contacting the victim in any manner whatsoever; and, that the defendant shall refrain from having any further contact with the victim. Such an order shall be known as a stay away order.

(b)

Violations. It shall be unlawful to commit the crime of violation of a stay away order or peace bond. A violation of a stay away order or peace bond is the disobedience of the stay away order or peace bond issued by the municipal court of the city pursuant to section 54-529 or subsection (a) of this section.

(c)

Penalties. Except as otherwise provided in this section, violation of this section is punishable in municipal court as follows:

(1)

A fine of not more than $500.00, for a first offense;

(2)

Not less than $300.00 and not more than $500.00, for each subsequent offense; or

(3)

Imprisonment in the parish jail for not more than five months.

If, as part of any sentence imposed under this section, a fine is imposed, the court may direct that the fine be paid for the support of the spouse or children of the offender.

(d)

Enforcement. Law enforcement officers shall use every reasonable means to enforce a stay away order or peace bond issued by the municipal court of the city, and shall arrest any person if the officer has reason to believe that the person is in violation of the terms of a stay away order or peace bond issued by the municipal court.

(e)

Bench warrant. Upon evidence that a person is in violation of the terms of a stay away order or peace bond issued by the municipal court, the court may order the issuance of a bench warrant for a defendant's arrest, remand the defendant to custody or modify the terms of bail.

Lance Robinson is a New Orleans criminal attorney with over 20 years of experiencing defending clients. If you need a Louisiana criminal lawyer to fight for your rights, don't hesitate to reach out to us.

You can call us at 504-465-0101 or you can use our contact form . If you have a question or just need some direction, we'd love to help you.

You can also call us via text, just use 504-427-6210.

Operating while intoxicated; second offense; penalties

Wed, 18 Sep 2019 18:48:21 GMT

Penalties for Second Offense DWI/DUI under Louisiana Law

Lance Robinson is a New Orleans criminal attorney with over 20 years of experience defending clients charged with DUI or DWI . He's one of the top rated criminal defense lawyer s in New Orleans, LA, as well as the state of Louisiana.

Lance has worked with hundreds of clients facing New Orleans DUI/DWI charges . If you need an attorney to fight for your rights, don't hesitate to reach out to us. You can call us at 504-465-0101 or you can use our contact form . If you have a question or just need some direction, we'd love to help you.

§14:98.2. Operating while intoxicated; second offense; penalties

A.(1) Except as modified by the provisions of Paragraphs (2), (3), and (4) of this Subsection, or as provided by Subsection D of this Section, on a conviction of a second offense violation of R.S. 14:98, regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not less than seven hundred fifty dollars nor more than one thousand dollars, and shall be imprisoned for not less than thirty days nor more than six months. At least forty-eight hours of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. Imposition or execution of the remainder of sentence shall not be suspended unless the offender is placed on probation with the minimum conditions that he complete all of the following:

(a) Serve at least fifteen days in jail, without benefit of parole, probation, or suspension of sentence, or in lieu thereof, perform two hundred forty hours of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program. If imprisonment is imposed under this Subparagraph, the sentence is to be served in addition to the sentence of imprisonment imposed pursuant to Paragraph (1) of this Subsection, provided that the total period of imprisonment upon conviction of the offense, including imprisonment for default in payment of a fine or costs, shall not exceed six months.

(b) Participate in a court-approved substance abuse program, which may include an assessment by a licensed clinician to determine if the offender has a diagnosis of substance abuse disorder. Nothing in this Section shall prohibit the court from modifying the portions of the program as may be applicable and appropriate to an individual offender as shown by the assessment.

(d) Except as the period of time may be increased in accordance with Subparagraph (3)(c) of this Subsection, the court shall order that the offender not operate a motor vehicle during the period of probation unless any vehicle, while being operated by the offender, is equipped with a functioning ignition interlock device in compliance with the requirements of R.S. 14:98.5(C), R.S. 15:306, and R.S. 32:378.2, which requirement shall remain in effect for a period of not less than six months from the date of conviction. In addition, the device shall remain installed and operative during any period that the offender's driver's license is suspended under law and for any additional period as determined by the court.

(2) If the offender had a blood alcohol concentration of 0.15 percent or more but less than 0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood, at least ninety-six hours of the sentence imposed pursuant to Paragraph (1) of this Subsection shall be served without the benefit of parole, probation, or suspension of sentence.

(3)(a) If the offender had a blood alcohol concentration of 0.20 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood, the offender shall be fined one thousand dollars and at least ninety-six hours of the sentence imposed pursuant to Paragraph (1) of this Subsection shall be served without the benefit of parole, probation, or suspension of sentence.

(b) In addition to any penalties imposed under this Section, upon conviction of a second offense violation of R.S. 14:98, if the offender had a blood alcohol concentration of 0.20 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood, the driver's license of the offender shall be suspended for four years.

(c) The court shall require that the offender not operate a motor vehicle during the period of probation unless any vehicle, while being operated by the offender, is equipped with a functioning ignition interlock device in compliance with the requirements of R.S. 14:98.5(C), R.S. 15:306, and R.S. 32:378.2. The ignition interlock device shall remain installed and operative on his vehicle during the first three years of the four-year period of the suspension of his driver's license.

(4) If the arrest for the second offense occurs within one year of the commission of the first offense, at least thirty days of the sentence imposed pursuant to Paragraph (1) of this Subsection shall be served without benefit of parole, probation, or suspension of sentence. In addition, if the offender had a blood alcohol concentration of 0.20 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood, he shall be fined one thousand dollars and also be subject to the provisions of Subparagraphs (3)(b) and (c) of this Subsection.

B. Nothing in this Section shall prohibit a court from sentencing an offender to serve any portion of the sentence under home incarceration pursuant to R.S. 14:98.5, either in lieu of, or in addition to, a term of imprisonment if otherwise allowed under the provisions of Code of Criminal Procedure Article 894.2 and R.S. 14:98.5(B).

C. An offender may apply for a restricted driver's license to be in effect during the entire period of suspension upon proof to the Department of Public Safety and Corrections that his motor vehicle has been equipped with a functioning ignition interlock device in compliance with the requirements of R.S. 32:378.2.

D. Notwithstanding any other provision of law to the contrary, on a conviction of a second offense violation of R.S. 14:98, and regardless of whether the second offense occurred before or after the first conviction, when the first offense was for the crime of vehicular homicide in violation of R.S. 14:32.1, third degree feticide in violation of R.S. 14:32.8, or first degree vehicular negligent injuring in violation of R.S. 14:39.2, the offender shall be fined two thousand dollars and imprisoned, with or without hard labor, for not less than one year nor more than five years. At least six months of the sentence of imprisonment imposed shall be without benefit of parole, probation, or suspension of sentence except in compliance with R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot be served on home incarceration.

(1) Imposition or execution of the remainder of the sentence shall not be suspended unless the offender is placed on probation with the minimum conditions that he complete all of the following:

(a) Perform two hundred forty hours of court-approved community service activities, at least one-half of which shall consist of participation in a litter abatement or collection program.

(2) In accordance with the provisions of R.S. 14:98.5(B), any offender placed on probation pursuant to the provisions of this Subsection shall be placed in a home incarceration program approved by the division of probation and parole for a period of time not less than six months and not more than the remainder of the sentence of imprisonment.

(3) Except as the period of time may be increased in accordance with Subparagraph (A)(3)(b) and (c) of this Section, in addition to any penalties imposed under this Section, the court shall order that the offender not operate a motor vehicle during the period of probation unless any vehicle, while being operated by the offender, is equipped with a functioning ignition interlock device in compliance with the requirements of R.S. 14:98.5(C), R.S. 15:306, and R.S. 32:378.2, which requirement shall remain in effect for a period of not less than six months from the date of conviction. In addition, the device shall remain installed and operative during any period that the offender's driver's license is suspended under law and for any additional period as determined by the court.

Louisiana DWI/DUI Law

Sun, 18 Aug 2019 15:53:39 GMT

R.S. 14:98

If you're facing DUI or DWI charges in New Orleans, be sure to talk to an DUI/DWI attorney . We understand this is a trying time in your life, but DUI/DWI should be took serious. Make sure your rights are protected, get a free consult right now. (504) 465-0101.

3. DRIVING OFFENSES

§98. Operating a vehicle while intoxicated

A.(1) The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:

(a) The operator is under the influence of alcoholic beverages.

(b) The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.

(c) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.

(d)(i) The operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.

(ii) It shall be an affirmative defense to any charge under this Subparagraph that the label on the container of the prescription drug or the manufacturer's package of the drug does not contain a warning against combining the medication with alcohol.

(e)(i) The operator is under the influence of one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.

(ii) It shall be an affirmative defense to any charge under this Subparagraph that the operator did not knowingly consume quantities of the drug or drugs that substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.

(2) A valid driver's license shall not be an element of the offense, and the lack thereof shall not be a defense to a prosecution for operating a vehicle while intoxicated.

B.(1) This Subsection shall be cited as the "Child Endangerment Law".

(2) When the state proves, in addition to the elements of the crime as set forth in Subsection A of this Section, that a minor child twelve years of age or younger was a passenger in the motor vehicle, aircraft, watercraft, vessel, or other means of motorized conveyance at the time of the commission of the offense:

(a) Except as provided in Subparagraphs (b) and (c) of this Paragraph, the execution of the minimum mandatory sentence provided by R.S. 14:98.1 or 98.2, as appropriate, shall not be suspended.

(b) Notwithstanding any provision of law to the contrary, if imprisonment is imposed pursuant to the provisions of R.S. 14:98.3, the execution of the minimum mandatory sentence shall not be suspended.

(c) Notwithstanding any provision of law to the contrary, if imprisonment is imposed pursuant to the provisions of R.S. 14:98.4, the execution of the minimum mandatory sentence shall not be suspended.

C.(1) For purposes of determining whether a defendant has a prior conviction for a violation of this Section, a conviction under any of the following shall constitute a prior conviction:

(a) R.S. 14:32.1, vehicular homicide.

(b) R.S. 14:32.8, third degree feticide.

(d) R.S. 14:39.2, first degree vehicular negligent injuring.

(e) A law of any state or an ordinance of a municipality, town, or similar political subdivision of another state that prohibits the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance while intoxicated, while impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance, or as otherwise provided by R.S. 13:1894.1.

(2) The determination under this Subsection shall be made by the court as a matter of law.

(3) For purposes of this Section, a prior conviction shall not include a conviction for an offense under this Section, a conviction for an offense under R.S. 14:39.1, or a conviction under the laws of any state or an ordinance of a municipality, town, or similar political subdivision of another state which prohibits the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance while intoxicated, while impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance, or as otherwise provided by R.S. 13:1894.1, if committed more than ten years prior to the commission of the crime for which the defendant is being tried, and such conviction shall not be considered in the assessment of penalties in this Section. However, periods of time during which the offender was awaiting trial, under an order of attachment for failure to appear, or on probation or parole for an offense described in this Paragraph, or periods of time during which an offender was incarcerated in a penal institution in this or any other state for any offense, including an offense described in Paragraph (1) of this Subsection, shall be excluded in computing the ten-year period.

D.(1) On a conviction of a first offense violation of the provisions of this Section, notwithstanding any other provision of law to the contrary, the offender shall be sentenced under the provisions of R.S. 14:98.1.

(2)(a) Except as provided by Subparagraph (b) of this Paragraph, on a conviction of a second offense violation of the provisions of this Section, notwithstanding any other provision of law to the contrary and regardless of whether the second offense occurred before or after the first conviction, the offender shall be sentenced under the provisions of R.S. 14:98.2.

(b) If the conviction of a second offense violation of the provisions of this Section when the first offense was for the crime of vehicular homicide in violation of R.S. 14:32.1, third degree feticide in violation of R.S. 14:32.8, or first degree vehicular negligent injuring in violation of R.S. 14:39.2, the offender shall be sentenced under the provisions of R.S. 14:98.2(D).

(3) On a conviction of a third offense violation of the provisions of this Section, notwithstanding any other provision of law to the contrary and regardless of whether the offense occurred before or after an earlier conviction, the offender shall be sentenced under the provisions of R.S. 14:98.3.

(4) On a conviction of a fourth or subsequent offense violation of the provisions of this Section, notwithstanding any other provision of law to the contrary and regardless of whether the fourth or subsequent offense occurred before or after an earlier conviction, the offender shall be sentenced under the provisions of R.S. 14:98.4.

E. The legislature hereby finds and declares that conviction of a third or subsequent offense of operating while intoxicated is presumptive evidence of the existence of a substance abuse disorder that poses a serious threat to the health and safety of the public. Further, the legislature finds that there are successful treatment methods available for treatment of addictive disorders.

F.(1) On a third or subsequent conviction of operating while intoxicated pursuant to this Section, in addition to any other sentence, the court shall order, upon motion of the prosecuting district attorney, that the vehicle being operated by the offender at the time of the offense be seized and impounded, and be sold at auction in the same manner and under the same conditions as executions of writs of seizure and sale as provided in Book V, Title II, Chapter 4 of the Code of Civil Procedure.

(2) The vehicle shall be exempt from sale if it was stolen, or if the driver of the vehicle at the time of the violation was not the owner and the owner did not know that the driver was operating the vehicle while intoxicated. If this exemption is applicable, the vehicle shall not be released from impoundment until such time as towing and storage fees have been paid. In addition, the vehicle shall be exempt from sale if all towing and storage fees are paid by a valid lienholder.

(3) If the district attorney elects to forfeit the vehicle, he shall file a written motion at least five days prior to sentencing, stating his intention to forfeit the vehicle. When the district attorney elects to forfeit the vehicle, the court shall order it forfeited.

(4) The proceeds of the sale shall first be used to pay court costs and towing and storage costs, and the remainder shall be allocated as follows:

(a) Sixty percent of the funds shall go to the arresting agency.

(b) Twenty percent of the funds shall go to the prosecuting district attorney.

(c) Twenty percent of the funds shall go to the Louisiana Property and Casualty Insurance Commission for its use in studying ways to reduce drunk driving and insurance rates.

G.(1) If an offender placed on probation for a conviction of a violation of this Section fails to complete the required substance abuse treatment, or fails to participate in a driver improvement program, or violates any other condition of probation, including conditions of home incarceration, his probation may be revoked, and he may be ordered to serve the balance of the sentence of imprisonment, without credit for time served under home incarceration.

(2) If the offender is found to be in violation of both the terms of his release for good behavior by the Department of Public Safety and Corrections, committee on parole, and in violation of his probation by the court, then the remaining balance of his diminution of sentence shall be served first, with the previously suspended sentence imposed by the court to run consecutively thereafter.

Lance Robinson is a New Orleans DWI attorney with over 20 years of experiencing defending clients. If you need an attorney to fight for your rights, don't hesitate to reach out to us. You can call us at 504-465-0101 or you can use our contact form . If you have a question or just need some direction, we'd love to help you.

Trespassing Charges for Minors in Greater New Orleans

Wed, 31 Jul 2019 15:11:24 GMT

As a parent or legal guardian, you do your best to keep your children out of trouble. Getting a phone call from a police officer informing you that the minor in your custody has been arrested for criminal trespass is one of the scariest things a parent or guardian may have to endure. But you’re not alone—many kids and even some adults end up facing these charges, and the right New Orleans criminal defense lawyer can help you navigate trespassing charges for minors and adults alike.

Because children and teens tend to be curious by nature, they sometimes find themselves in places where they don’t necessarily belong. There is a wealth of data indicating that teenagers in particular are prone to risk-taking behavior, even when they also engage in positive behaviors, such as achieving high grades in school, spending time with family, and getting involved in extracurricular, community, or religious activities. When minors go exploring on property where they shouldn’t be, they could be caught and charged with criminal trespass.

There are several things you can do to help your child’s situation as their parent or legal guardian. Among the most important is to arm yourself with an understanding of what you need to do next. Learn how to handle trespassing charges for minors and even adults in Greater New Orleans today.

What Constitutes Criminal Trespassing?

As a law office that has served Greater New Orleans for over 22 years, this is a question we are frequently asked by those facing criminal trespassing charges.

Criminal trespass is a misdemeanor in Louisiana, and it could mean a lot of different things. Although it’s common knowledge that criminal trespass includes entering a premises or a business without permission or authorization, not many people know it also applies to structures and vehicles. This includes boats, cars and other vehicles, and abandoned buildings.

Criminal trespass also doesn’t apply exclusively to breaking and entering. If someone asks you to leave their property—whether it be a car, boat, business, or home—and you either refuse to leave or return and re-enter, you could be charged with criminal trespass.

Criminal trespass is a violation of § 54-153 of the New Orleans Municipal Code, which states:

(a) No person shall without authorization intentionally enter any structure, watercraft, or movable.

(b) No person shall intentionally enter immovable property owned by another:

(1) When he knows his entry is unauthorized, or

(2) Under circumstances where he reasonably should know his entry is unauthorized.

There are two built-in defenses that are included in the New Orleans criminal code. They specify that criminal trespassing charges for minors or adults can be refuted if “the person was unarmed and entered immovable property for the sole purpose of retrieving a dog or livestock” or if you can “show that property was not adequately posted,” meaning there wasn’t any appropriate indication that the property in question was private.

What Are the Penalties for Criminal Trespassing?

Criminal trespass is an enhanceable offense, meaning the penalties become more serious with each subsequent conviction. This makes it even more important to get trespassing charges for minors and adults alike dismissed.

According to § 54-153 of the New Orleans Municipal Code, the charges for criminal trespass are as follows:

(h) Whoever commits the crime of criminal trespass shall be fined not more than $500.00.

(i) Violations for convictions subsequent to a first conviction for the violation of this section shall be as follows:

(1) Upon a second conviction, regardless of whether the second offense occurred before or after the first conviction, the offender shall be imprisoned for not more than six months, or shall be fined not more than $500.00, or both.

(2) Upon a third or subsequent conviction, whether trespass has been committed in each previous offense upon land belonging to the same landowner or landowners, regardless of the time sequence of the occurrence of the offenses, the offender shall be imprisoned for not more than one year, or shall be fined not more than $1,000.00, or both.”

These penalties apply to trespassing charges for minors as well as adults in New Orleans. Until recently, New Orleans police have had the option to issue warnings or summonses instead of arrests for adult trespassers, but not minors. Fortunately, a new ordinance went into effect in New Orleans that gave NOPD officers the right to issue a warning to juveniles on their first offense rather than arrest them and take them to a detention center.

Among the 11 misdemeanors that are covered by the new law, criminal trespass is one of them, according to an article from Nola.com . This is welcome news for parents and guardians all throughout Greater New Orleans, because it allows our children to learn from their mistakes without having to be traumatized by the experience of being arrested at a young age. It also ensures that their records are kept clean, which will help them immensely in their future lives.

However, if a minor commits criminal trespass more than once, they may be subject to charges, fines, and time in a juvenile detention center.

When to Hire a Lawyer for Trespassing Charges for Minors

If your child is only issued a warning for criminal trespassing in Greater New Orleans, then there is no need to hire an attorney.

However, if a minor is caught trespassing a second or third time, or if an officer elects to arrest a minor rather than issue them a warning, then your best option is to secure the services of an experienced attorney as soon as possible.

After getting charged with criminal trespass, your child may either receive a court summons or be arrested and brought to jail. The worst thing that you can do as a parent or legal guardian is to ignore that summons and hope the issue will not be brought up again. Failure to respond to the summons will cause the judge to attach an arrest warrant to your minor’s case, and they will face much more serious charges.

This is why it’s vital to hire an experienced criminal defense attorney to handle trespassing charges for minors and achieve the best result possible for their case. The wrong outcome could result in a hefty fine or even time in a juvenile detention center for your minor.

If found guilty of criminal trespass, a minor could also have a misdemeanor on their public record . This misdemeanor will appear on all rudimentary background checks, including ones required for job applications, internships, leases, and professional licences. This will have a negative effect on their ability to take full advantage of life’s opportunities in the future.

Beating Trespassing Charges for Minors and Adults

The Law Office of Lance J. Robinson has represented clients in New Orleans and the surrounding parishes for over 22 years. No matter the size of the case or the severity of your trespassing charges, our law office is dedicated to getting the charges reduced or dismissed entirely. Our comprehensive, aggressive approach is designed to create the best outcome for you or your child.

Once you secure our professional legal assistance, we will:

Request a copy of the police report to look for inconsistencies that could lead to a dismissal of the case.
Review the case to see if the defendant actually violated any city or state laws and if the arresting officer followed the law as well.
Appear on behalf of our client in court and enter a plea of not guilty. Your attendance may not even be necessary, and you'll have peace of mind knowing your case is in the hands of a capable attorney while you're free to continue living your life.
If the charges aren't dropped or reduced to your satisfaction, we'll build an aggressive and thorough defense .
After the whole process is complete, we will expunge the misdemeanor from the public record, so our client can start fresh with a clean slate.

The legal systems in New Orleans and Louisiana can be complicated, and what you don’t know could harm your case. Whether you or your child has been charged with criminal trespassing, it is important to retain the services of a lawyer with a proven track record.

Contact the Law Office of Lance J. Robinson Today

If you or a minor under your custody are facing criminal trespass charges, you must act quickly to avoid fines and jail time. Let our 22 years of experience in the New Orleans and Louisiana legal systems work for you. We have helped hundreds of clients beat criminal trespass charges and walk away from the experience with a clean slate.

Call us immediately at (504) 465-0101, text us at (504) 427-6210, or fill out our contact form online for a free and confidential consultation.

How Much Is a Disturbing the Peace Ticket in Louisiana?

Thu, 27 Jun 2019 16:24:21 GMT

According to RS 14:103 of the Louisiana Criminal Code, a disturbing the peace ticket is not more than $100. You also won’t be imprisoned for more than 90 days. Even so, we recommend talking to a New Orleans criminal defense attorney right away.

However, there are certain circumstances in which these penalties can be enhanced. For example, if you are charged with disturbing the peace at a funeral, you may be subject to higher fines (up to $500) and longer imprisonment (up to six months). So when asking “How much is a disturbing the peace ticket in Louisiana?” the answer may be a little more complicated than you think.

In order to have the best defense possible for your case, you’ll need to know exactly what you’re facing and hire a Louisiana disturbing the peace lawyer as soon as possible. Keep reading to learn more about what constitutes disturbing the peace in Louisiana, how much a disturbing the peace ticket is in Louisiana, and how the Law Office of Lance J. Robinson can defend you against a disturbing the peace charge. When you’re ready, please contact us for a free and confidential consultation.

What Constitutes Disturbing the Peace in Louisiana?

Disturbing the peace , otherwise known as disorderly conduct, is a misdemeanor in Louisiana. There is a long list of behaviors that could land you a disturbing the peace ticket in Louisiana. But the most common reason for a disturbing the peace arrest is public intoxication .

Public intoxication is considered a form of disturbing the peace in Louisiana. According to state law, public intoxication isn’t a separate charge from disturbing the peace—it’s simply one of several reasons someone could be charged with disturbing the peace. However, in New Orleans, disturbing the peace and public intoxication can be treated as separate charges, though the penalties tend to be similar if not the same. In some cases, lewd conduct charges may be reduced to disturbing the peace as well.

Offenses that could result in a disturbing the peace ticket include:

Fighting or otherwise acting violently or raucously in a group of three or more people.
Public drunkenness or otherwise appearing to be under the influence of alcohol, narcotics, or other drugs with the potential to harm people or property.
Using offensive, annoying, or derisive language or noises in order to annoy or offend others who are behaving lawfully in a public place.
Interrupting a lawful assembly , such as a public meeting or peaceful protest.
Unlawful assembly , meaning gathering a group of people with the intention of disturbing the peace.
Intentionally disrupting a funeral , funeral route, viewing, wake, burial, or memorial service with disruptive language or behavior.

The complete and detailed list of each violation is available from the Louisiana State Legislature . In New Orleans specifically, Sec. 54-403 of the Municipal Code defines disturbing the peace with R.S. 14:103 of the Louisiana Criminal Code as the state law reference. It also includes threats and sexual language used to insult, injure, or provoke violence as disturbing the peace offenses.

Depending on which of these regulations you violate, and the severity of your punishment will vary. In New Orleans, disturbing the peace can be charged either under 54-403 of the Municipal Code or 14:103 under the State Statute. They are both the same conduct, and it is up to the police officer to decide which one to charge a person with for their behavior.

If you have any questions about whether or not your actions should legally be considered disturbing the peace in New Orleans or Louisiana, contact The Law Office of Lance J. Robinson for a free consultation. Depending on the details of your case, we can argue that your behavior was not purposefully disruptive, you were not acting with malicious intent, or your actions did not show sufficient evidence that they would incite public disorder or violence.

Exactly How Much Is a Disturbing the Peace Ticket in Louisiana?

Disturbing the peace has a baseline penalty that can be enhanced depending on the specifics of the crime. This means that the answer to this question is case-specific. The penalties for one disturbing the peace case may not be the same as the penalties for another disturbing the peace case.

According to Louisiana Criminal Code , disturbing the peace can result in a fine of $100 or less, 90 days or less of imprisonment, or both . But if your offenses include disrupting, impeding, blocking, or inhibiting a funeral, funeral route, or burial service in any way, shape, or form, you are subject to more severe penalties. You could receive a fine of $500 or less, six months or less of imprisonment, or both .

Regardless of whether or not you receive these enhanced penalties, disturbing the peace is a charge that will go on your criminal record . If you do not get the charge expunged from your record, it can be found by anyone who performs a basic background check or accesses your arrest record at the courthouse.

Many people don’t realize that an arrest remains on your record even if the charges are dropped and you don’t face any penalties. This could negatively impact your future for years to come. If you have an arrest or conviction on your record, you could experience problems when:

Applying for a new job
Applying to a new school
Renting a new apartment
Applying for a loan
Fighting for parental rights
Applying for a professional license

As you can see, the penalties for disturbing the peace aren’t set in stone. When asking “How much is a disturbing the peace ticket in Louisiana?” the answer could be your freedom or future opportunities. Unless you get the charge expunged from your record , these consequences could outlast the penalties. Learn more about expungement in Louisiana from lead attorney Lance J. Robinson in the video below.

If you’re facing disturbing the peace charges, you don’t know what you’re up against unless you hire an experienced attorney to review and handle your case. The Law Office of Lance J. Robinson will fight to get your charges reduced or dismissed altogether, and we can help you expunge the arrest from your record.

How Can I Beat a Disturbing the Peace Ticket in Louisiana?

To give yourself the best possible chance at beating a disturbing the peace charge, you need to seek legal help as soon as possible. At the Law Office of Lance J. Robinson, we will:

Appear in court on your behalf and enter a plea of not guilty, so you don’t have to come to court.
Review your paperwork for inconsistencies and technical errors that could result in a dismissal of your case entirely.
Review eyewitness testimony and reinterview witnesses if needed to provide evidence in your defense.
Negotiate for reduced charges , such as a smaller fine and court fees.
Prepare an aggressive defense to bring to court if your charges aren’t dropped completely or reduced to your satisfaction.
Remove your arrest or conviction from your record. With expungement, the charge and other evidence won’t be found on your public record and should not be accessible via background checks.

In order to convict you of disturbing the peace, the prosecutor must prove that you were acting purposefully and with malicious intent. In addition, they must share compelling evidence that your behavior could have lead to public disorder or violence. With our thorough review of the case against you and years of experience defending against disturbing the peace, the Law Office of Lance J. Robinson is well-equipped to defend you against the prosecution’s evidence.

The Law Office of Lance J. Robinson has over 22 years of experience dealing with the Louisiana legal system. We have defended hundreds of clients who faced disturbing the peace charges, and our comprehensive process for beating the charge combined with our aggressive approach is designed to get you the best possible outcome for your case. In most cases, we are able to avoid jail time for our clients and get their charges reduced or dismissed entirely.

Contact the Law Office of Lance J. Robinson

Louisiana attracts thousands of visitors every year, and New Orleans is the center of the state’s tourism industry. Among our many events, you can find annual festivals, celebrations, shows, concerts, conferences, and sports franchises that draw huge crowds throughout the year. On top of everything else, Mardi Gras brings record numbers of tourists to New Orleans and the surrounding area.

Over time, Louisiana and New Orleans in particular have come to be thought of as party hotspots. With this in mind, it’s easy to understand why so many tourists and locals alike wind up in trouble with the law when they take the party a little too far. They get caught up in the revelry and simply underestimate the local law.

However, the laws here are just as strict as they are anywhere else. The police don’t tolerate disturbing the peace—or any other crimes for that matter. The laws in Louisiana concerning disturbing the peace and other related offenses can be confusing if you do not have a legal background, and what you don’t know can hurt you.

That’s why it is important to hire a lawyer who has proven experience in handling and resolving disturbing the peace cases and other misdemeanors in Louisiana. The Law Office of Lance J. Robinson is ready to take on your case today. We have offices conveniently located in both Metairie and Gretna, and we’re proud to serve clients in New Orleans, Jefferson Parish, St. John Parish, St. Charles Parish, and the surrounding area.

Contact the Law Office of Lance J. Robinson today to learn more about how we can get your disturbing the peace charges greatly reduced or even dismissed completely.

Are Dropped Charges on Your Criminal Record in New Orleans?

Wed, 29 May 2019 22:57:36 GMT

If you have ever been arrested and had your charges dropped, you probably felt a huge wave of relief. Most people assume there is nothing else they need to do, and they’re ready to move on with their lives. But did you ever stop to ask, “Are dropped charges on your criminal record?” Let's see what New Orleans criminal defense attorney Lance Robinson has to say.

Even if the charges are dismissed, it doesn’t mean your criminal record is automatically wiped clean. Your criminal history won’t show a conviction if the charges are dropped, but the arrest will still be on your record. In many cases, this means the arrest will come up whenever a background check is run on your criminal history. The court will also have your arrest record on file, and it may be available for the public to access at the courthouse.

Having an arrest on your criminal record can greatly affect your future, whether it’s for a misdemeanor or a felony. If a potential employer, recruiter, or other decision maker checks your criminal record, they won’t see the result or context of your arrest. This could lead to prejudice against you, which could make it difficult for you to find employment or even rent an apartment.

Just because an arrest goes on your criminal record doesn’t mean it has to stay there. With the help of a criminal defense attorney, you can get dropped charges expunged from your criminal record so you can start with a clean slate. Learn more from the Law Office of Lance J. Robinson about expungement in New Orleans and Louisiana below.

How Dropped Charges Can Affect Your Criminal Record

When charges against you are dismissed, it’s understandable that you’d like to leave the past behind you. After all, you are supposed to be considered innocent until proven guilty. Unfortunately, even if your charges are dismissed, a background check can easily reveal that there are dropped charges on your criminal record.

People who have a criminal record often find that it creates barriers to work and costs them valuable opportunities. A criminal record includes information about not only your convictions, but your arrests as well.

Federal, state, and local authorities are able to collect this information and use it when needed. This information can be used to help find possible suspects for unsolved crimes. A court can also use criminal records as part of their final decision making.

The most common use of a criminal record is through a background check. A background check can be used by an employer or landlord to see if you have ever committed a crime. In the past, before such information was widely catalogued and shared, people could move to another city or state to escape their criminal record. Now that this information is collected more methodically and kept in electronic databases, your criminal past can follow you everywhere you go.

Dropped charges are still on your criminal record in New Orleans and most other cities until they’re expunged. The consequences can be severe and long-lasting. Having a criminal record can affect the following:

Employment opportunities
Government benefits
Your right to vote
Finding an apartment
Parental rights
School acceptance

If there are dropped charges on your criminal record in New Orleans or another parish, you should reach out to an experienced New Orleans criminal defense attorney to see if an expungement will work for you.

How an Expungement Can Erase Your Charges

Expungement is the process by which your legal record is erased from the public view. It is possible to expunge an arrest as well as a conviction. If you were ever arrested but not prosecuted, then there are dropped charges on your criminal record that must be expunged in order to erase the arrest from your public record.

If you get an arrest expunged, it should not appear on a background check. It may still show up, however, if you are arrested again and the police check their records. The main goal of expunging an arrest is to make it easier for you to get a job, go to school, and rent a home or apartment.

In the greater New Orleans area, the first step to expunging your record involves obtaining court documents that detail your original case. Next, your attorney must file the proper paperwork with the New Orleans court or the appropriate parish’s court. In Louisiana, it usually takes about three to four months to complete the expungement process.

Many people wonder how much expungement costs. The average cost of expungement can range from $550–$850, depending on what parish you are in, which does not include lawyer fees. This must be paid in full at the time of filing. These fees are split up between the Louisiana State Police, the Criminal District Court Clerk, the parish sheriff, and the parish District Attorney. The only circumstance that allows you to waive these fees in certain parishes is if all of the following applies to you:

You have no pending felonies.
You have no prior felony convictions in the country.
The offense ended in acquittal.

Although you can file an expungement yourself, a qualified criminal defense attorney can help you ensure you expunge your record correctly. This can save you time and frustration over dealing with the difficult procedures involved, so you can move on with your life as quickly and painlessly as possible.

Our Process for Removing Dropped Charges on Your Criminal Record

The Law Office of Lance J. Robinson has over 22 years of experience with criminal defense in New Orleans and Louisiana parishes. We have the knowledge and experience to help you through the entire expungement process, so your arrest does not affect your future.

In order to secure an expungement, you must get the right paperwork filed in person, rather than online. The motion you need to file could contain up to 15 pages, and you must fill out and submit the required forms with a background check within 30 days of the filing date. Our law office handles everything for you from start to finish, saving you the headache of trying to find the right paperwork, fill it out correctly, submit it by the proper deadline, and take valuable time out of your day to file it in person.

After your paperwork is filed, the court will have a hearing where the judge will decide whether or not you have the right to get your charges expunged. When it comes to expunging dropped charges, there is a very high likelihood that the judge will decide in your favor. Once the judge grants the expungement, they file an order informing the court and police that those charges need to be removed from your record.

While the expunged charges should no longer be available for background checks and public viewing, the court and the police can still access them if you are arrested again. It’s important to remember that an expungement only helps keep your charges out of the public eye. With the Law Office of Lance J. Robinson on your side, you can put your arrest behind you.

Contact the Law Office of Lance J. Robinson

One of the most popular questions we receive is “Are dropped charges on your criminal record?” At the Law Office of Lance J. Robinson, we want to ensure all of our clients are aware that just because your charges have been dropped, that doesn’t mean they’re erased from your criminal record.

The best way to handle expungement in New Orleans and nearby parishes is to contact an attorney experienced with the expungement process. This helps ensure your expungement is filed and your record is cleared as soon as possible.

Lance J. Robinson has the expertise to represent you in court and get your records sealed. Contact us today to get your record expunged and help you move on from your arrest.

How Long Is Your License Suspended After a DUI in New Orleans?

Tue, 07 May 2019 22:43:09 GMT

One of the most important questions asked by people charged with a DUI is “How long is your license suspended after a DUI?” With open container laws and drive-thru daiquiri shops throughout the city, residents of New Orleans might assume DUI laws are more relaxed in the Big Easy. But the truth of the matter is that even a first offense DUI or DWI can cause your license to be suspended in New Orleans, and subsequent offenses can lead to even harsher penalties. First action: talk to a DUI defense attorney in New Orleans .

Hear from lead DWI attorney Lance J. Robinson about this issue in his video below, or keep reading for more information about how long your license is likely to be suspended after a DUI in New Orleans .

The First Step to Keeping Your Driver's License

Before you start worrying about how long your license will be suspended after a DUI, there is a critical step you can take to keep your driver’s license—at least until your Driver’s License Hearing.

Most penalties you could receive for a DUI don’t take effect unless you plead guilty or are found guilty at trial. When it comes to your ability to continue driving, however, your license can be suspended before a determination of your guilt has been made. To avoid this scenario, you must act fast.

In Louisiana, you only have 30 days from the date of your DUI or DWI arrest to request an administrative hearing concerning your driver’s license. If you fail to do so, the Department of Motor Vehicles will automatically suspend your license.

Have you been charged with a DUI in New Orleans ? Contact us today to request a Driver’s License Hearing on your behalf. With our help, you can continue to drive in the months before your hearing.

How Long Is Your License Suspended After a DUI from the Department of Public Safety? It Depends.

So how long is your license suspended after a DUI in New Orleans and other Louisiana parishes? It depends on a variety of different factors. The facts of the case will also determine any other penalties you may face.

If you are arrested for a DUI or DWI and refuse to submit a blood or breath test, your license will be suspended for:
365 days for your first offense
730 days for your second offense
If you are arrested for a DUI or DWI under 21 years of age, and your blood alcohol content (BAC) level is 0.02% or higher, your license will be suspended for:
1 year for your first offense
2 years for your second offense
If you are arrested for a DUI or DWI at 21 years of age or older, and your blood alcohol content (BAC) level is 0.08% or higher, your license will be suspended for:
1 year for your first offense
2 years for your second offense
If you are arrested for a DUI or DWI at 21 years of age or older, and your blood alcohol content (BAC) level is 0.20% or higher, your license will be suspended for:
2 consecutive years for your first offense

These penalties are subject to change, so check the Louisiana Office of Motor Vehicles or talk to your attorney for the latest information.

If you go to court and are convicted of a DUI or DWI two or more times in the past 10 years, subsequent convictions are considered felonies in Louisiana. These will lead to even more severe penalties.

Fortunately, the Law Office of Lance J. Robinson has over 22 years of experience defending hundreds of clients against DUI and DWI charges. In most cases, we are able to avoid jail time for our clients.

For first-time offenders, we have successfully qualified clients for diversion programs. These can reduce fines and other penalties, while also getting your charges dropped. For third- and fourth-time offenders, we have been able to qualify clients for DWI/Drug Courts, allowing them to bypass mandatory jail sentences.

Call now for a free consultation to learn more.

How to Reinstate Your License After a DUI

In some cases, in order to reinstate your suspended driver’s license in New Orleans or other Louisiana parishes, you may need to:

File an SR-22 form that shows you’ll maintain car insurance coverage for 3 years
Complete a Defensive Driving Course
Pay any fines and driver’s license reinstatement fees
- $100 for your first offense
- $200 for your second offense
- $300 for your third offense

In the meantime, you may be able to obtain a temporary hardship license, which allows you to drive to and from work, school, and other necessary locations. Call the Law Office of Lance J. Robinson for a free consultation to discuss these possibilities and receive our assistance in applying for this temporary license.

Our Process for DUI Arrests in New Orleans

When you are arrested for a DUI or DWI, it is important to contact a New Orleans DWI defense attorney as soon as possible. The Law Office of Lance J. Robinson can help you fight for lower penalties, a shorter license suspension time, and even a dismissal of charges. We can also work on your behalf to maintain your ability to drive in certain situations.

These are a few of the many steps we take to protect your rights in a DUI case:

Mailing your Driver’s License Hearing paperwork within the 30-day limit to allow you extra time to drive before your hearing.
Obtaining your police report to search for anything that could get your charges dropped, such as any reason that the police should not have stopped you, any technical issues with the breathalyzer or steps that were done incorrectly, and whether or not the police officer was certified.
Negotiating for reduced penalties , such as lower fines, a shorter license suspension time, and DWI/Drug Courts instead of mandatory jail sentences.
Appearing on your behalf in court , so you can skip the hassle and stress of going to court.
Expunging your arrest or conviction from your public record.

To learn more, visit our DUI/DWI page or contact us today for a free, confidential consultation about your case.

Contact the Law Office of Lance J. Robinson

It is important that you retain a New Orleans DUI attorney who is familiar with the New Orleans criminal court system along with DUI laws throughout Louisiana. The Law Office of Lance J. Robinson has over 22 years of experience, and we regularly avoid jail time for our DUI and DWI clients. In addition, we listen to your needs, explain your options, and help you through this experience every step of the way.

For more information about how long your license may be suspended after a DUI and how Lance J. Robinson can defend you against DUI or DWI charges , contact us today .

Can a Lawyer Appear in Court on My Behalf in New Orleans?

Fri, 29 Mar 2019 19:54:45 GMT

Can My Lawyer Go to Court For Me?

When faced with legal issues, many people wonder, “Can a lawyer appear in court on my behalf? Can my lawyer go to court for me?”. This question is especially pertinent for out-of-state visitors to New Orleans who may find themselves in legal trouble during their stay.

There are many reasons that you may wish for a lawyer to appear in court in your place. Perhaps you live out of state, or you can’t get time off from work, or you can’t find childcare during the time you are expected to be in court.

Here's what criminal defense lawyer New Orleans Lance J. Robinson has to say: "Luckily, there are many instances in which the law permits an attorney to appear in court on a client’s behalf." Whether you’re dealing with misdemeanor charges or more serious felony charges, understanding your options for legal representation is vital.

When Can a Lawyer Appear in Court on My Behalf?

Hear it from Lance in the video below or keep reading for more information.

Court Appearance Requirements

Understanding the requirements for court appearances is important, as they can vary significantly based on the type of case, the severity of the charges, and the stage of the legal proceedings.

For misdemeanor charges , your attorney often has the flexibility to appear in court on your behalf, which can be particularly beneficial if you are an out-of-state client or have other constraints preventing you from attending. This can include initial appearances, entering a not guilty plea, and attending preliminary hearings.

However, when it comes to felony charges, the rules are generally more stringent. The court typically requires the defendant’s presence during critical stages such as the arraignment, plea, and trial. In some instances, the court may allow a defendant to waive their appearance through a written affidavit or by filing a motion, especially if there are compelling reasons such as health issues or significant travel constraints.

Consulting with a criminal defense attorney is essential to understand the specific court appearance requirements for your case. Your attorney can guide you on when your presence is mandatory and when they can represent you in court without you being there.

The Role of Your Attorney in Court Appearances

Your criminal defense attorney plays a vital role in your case, often acting on your behalf in various court proceedings. However, the extent to which your lawyer can represent you without your physical presence depends on several factors, including the nature of the charges and the specific court hearing in question.

It's important to note that Louisiana law provides some flexibility regarding a defendant's presence in court. According to Article 834 of the Louisiana State Constitution , in the event of a criminal prosecution:

The defendant has a right to be present, but his presence is not essential to the validity of any of the following proceedings in a criminal prosecution:

(1) The making, hearing of, or ruling on a preliminary motion or application addressed to the court;

(2) The making, hearing of, or ruling on a motion or application addressed to the court during the trial when the jury is not present; except as provided in Clause (4) of Article 831; and

(3) The making, hearing of, or ruling on a motion or application made after a conviction.

This provision allows for certain proceedings to take place without the defendant's physical presence, which can be particularly beneficial for out-of-state defendants or those with scheduling conflicts.

Understanding Court Appearances for Different Charges

For Misdemeanor Charges

For misdemeanor charges in Louisiana, there are many instances where your defense attorney can appear in court on your behalf. This is particularly helpful for out-of-state clients who may find it challenging to return to New Orleans for each court date.

Examples of misdemeanor charges are simple battery, petty theft (such as shoplifting small items), disorderly conduct, public intoxication, trespassing, minor vandalism, possession of small amounts of marijuana in some jurisdictions, disturbing the peace, reckless driving, first-offense DUI/DWI in some states, open container violations, minor in possession of alcohol, and harassment.

Arraignment

In most misdemeanor cases, your lawyer can file a motion to waive your presence at the arraignment. This means you don’t have to be physically present for this initial court appearance.

Plea Entry

Your attorney can enter a not guilty plea on your behalf without you being present in the courtroom. According to Article 833 of the Louisiana State Constitution, “ The court may permit a defendant charged with a misdemeanor to be arraigned, enter his plea of guilty, or be tried, in his absence. ” Furthermore, the law states, “ A plea of not guilty of a misdemeanor may always be entered through counsel and in the absence of the defendant. ”

In other words, if you have been charged with a misdemeanor and plan to plead not guilty, your attorney may enter that plea without you present in the courtroom.

If you are entering a guilty plea, you may or may not be permitted to have an attorney appear on your behalf. This decision will be made at the discretion of the court.

However, paying fines for misdemeanor charges effectively results in pleading guilty, which can lead to consequences such as license suspension or increased insurance premiums. It's important to seek legal advice before making such a decision.

Preliminary Hearings

Often, your lawyer can attend preliminary hearings and motion hearings without your personal appearance.

For Felony Charges

For felony charges, the rules are more stringent, but there are still some situations where your attorney can represent you.

Examples of felony charges include more serious offenses such as murder, manslaughter, rape, armed robbery, burglary, grand theft auto, aggravated assault, drug trafficking, kidnapping, arson, large-scale fraud, forgery, identity theft, possession of large quantities of illegal drugs, multiple DUI/DWI offenses, child abuse, severe cases of domestic violence, and white-collar crimes like embezzlement and money laundering.

Initial Court Dates

In some cases, your lawyer can file an affidavit or order to waive your presence for the first court date.

Plea Negotiations

Your attorney can discuss plea deals with the prosecutor in your absence.

Motion Hearings

Depending on the nature of the motion, your lawyer may be able to appear on your behalf.

Knowing your trial date and being informed about court appearances is crucial, as these can significantly affect the outcome of your case.

However, it's important to note that for most felony charges, the defendant's presence is typically required for significant proceedings, especially if the case goes to trial. Your attorney can advise you on which appearances are mandatory and which can be waived under Article 834.

Waivable Offenses and Court Appearances

Some offenses are considered "waivable," meaning the defendant's appearance can be waived for certain proceedings. These often include minor infractions and some misdemeanors. However, for more serious crimes, particularly felonies, the judge may require the defendant to be physically present in court.

Examples of Potentially Waivable Offenses:

Public intoxication
Minor traffic violations
Disorderly conduct
Some first-time, non-violent offenses

It's important to consult with your attorney to understand which court appearances you must attend and which ones your lawyer can handle on your behalf.

The Importance of Legal Representation

Regardless of whether you can personally appear in court, having a skilled criminal defense attorney is essential. Your lawyer can:

File necessary motions
Negotiate with prosecutors
Advise you on plea options
Represent your interests in court
Potentially get charges reduced or dismissed

Consequences of Not Appearing in Court

Failing to appear in court can lead to severe consequences that can complicate your legal situation further. One of the most immediate repercussions is the issuance of an arrest warrant. If the court deems that you have failed to appear without a valid reason, a warrant for your arrest may be issued, leading to potential detention by police officers.

Additionally, missing a court date can result in additional criminal charges, such as contempt of court or failure to appear, which can carry their own set of penalties. These additional charges can lead to increased penalties, including longer sentences or higher fines, making your legal battle even more challenging.

In some jurisdictions, failing to appear in court can also affect your driving privileges. The court may order the suspension or revocation of your driver’s license, adding another layer of inconvenience and penalty to your situation.

To avoid these severe consequences, it’s important to take court appearances seriously. If you find yourself unable to attend a scheduled hearing, notify your attorney and the court as soon as possible to explain your situation and seek a continuance if necessary.

Benefits of Appearing in Court with Your Attorney

While your attorney can often represent you in court without your physical presence, there are significant benefits to appearing in court alongside your legal counsel. Your personal appearance can demonstrate to the court that you are taking the proceedings seriously and are committed to resolving the case. This can positively influence the judge’s perception of you and potentially impact the outcome of your case.

Being present in court also allows you to provide real-time input on your case. You can communicate directly with your attorney, ensuring that your interests are fully represented and that you are aware of all developments as they happen. This can be particularly important during critical stages such as plea negotiations or motion hearings.

Additionally, attending court gives you the opportunity to observe the legal process firsthand. This can help you feel more comfortable and informed about the proceedings, reducing anxiety and helping you understand the strategies your attorney employs.

Finally, appearing in court with your attorney allows for face-to-face conversations, ensuring that you and your lawyer are on the same page. This direct communication can be invaluable in formulating a robust defense strategy and addressing any concerns you may have.

However, it’s essential to follow your attorney’s advice regarding court appearances. In some cases, your attorney may have a specific strategy that involves you not being present, and it’s important to trust their professional judgment.

What Happens When You Can't Attend Court

If you're unable to attend a mandatory court appearance, it's very important to:

Contact your attorney immediately
Explain your situation to the court through your lawyer
Request a continuance if possible
Understand the consequences of missing a court date, which can include arrest warrants and additional charges

The Court Process From Arrest to Sentencing

Understanding the court process can help you navigate your legal journey:

Arrest: Police officers detain the accused person.
Booking: The defendant's information is recorded.
Arraignment: Formal charges are read, and the defendant enters a plea.
Preliminary Hearings: Evidence is presented to determine if the case should go to trial.
Plea Bargaining: Attorneys discuss potential plea deals.
Trial or Plea Agreement: The case either goes to trial or a plea agreement is reached.
Sentencing: If found guilty or pleading guilty, the judge determines the punishment.

Throughout this process, your attorney can advise you on when your presence is required and when they can appear on your behalf.

Trial vs. Plea Agreement

After the preliminary stages, you generally have two options: negotiate a plea deal or go to trial. In order to reach the best outcome and avoid inconvenience for you, attorneys most often work out a deal and avoid trial. However, if a favorable agreement cannot be reached, your case may proceed to trial.

If you go to trial, you receive the court's ruling at the end of the trial, which tells you whether you have been found innocent or guilty. If you are found guilty, you will also receive your sentencing, or punishment.

Sentencing and Your Presence in Court

During sentencing, Louisiana law may or may not require you to be present in court. The requirement to appear in court for sentencing mostly depends on the nature of your charges, the discretion of the judge assigned to your case, and the legal actions you take beforehand.

Article 835 of the Louisiana State Constitution states that in felony cases, the defendant must always appear in court to receive their sentence. In misdemeanor cases, the defendant is required to be present at the pronouncement of their sentence unless otherwise excused by the court.

With the help of an attorney, you can take the proper steps so your attorney may be allowed to appear in court on your behalf during sentencing, especially in misdemeanor cases. This can be particularly beneficial for out-of-state defendants or those with significant scheduling conflicts.

It's crucial to discuss these options with your attorney early in the process. They can guide you on the best course of action and work to minimize your required court appearances while still ensuring the best possible outcome for your case.

Making the Right Choice When Hiring a Defense Attorney

When selecting a New Orleans defense attorney to represent you, consider:

Experience with similar cases
Knowledge of local courts and procedures
Communication style and availability
Track record of success

A skilled criminal attorney can navigate the complexities of the legal system, potentially saving you time, stress, and even helping you avoid conviction or reduce penalties.

Your Rights and Responsibilities in Court

Navigating the legal system can be complex, especially when it comes to court appearances. While there are many instances where your lawyer can represent you in court, particularly for misdemeanor charges and certain felony proceedings, it's important to understand that some situations will require your physical presence. The key is to work closely with a knowledgeable attorney who can guide you through these intricacies.

Whether you're facing a minor infraction or serious criminal charges, having competent legal representation is not just beneficial—it's essential. An experienced criminal defense attorney can protect your rights, strategically guide you through the legal process, and work tirelessly towards the best possible outcome for your case.

If you find yourself in legal trouble in New Orleans, don't navigate this challenging terrain alone. New Orleans defense attorney Lance J. Robinson has the expertise and local court knowledge to effectively represent you, whether you're able to appear in court personally or need an attorney to stand in on your behalf.

With over 25 years of experience in criminal defense and having successfully defended 3,000 clients in New Orleans, Jefferson Parish, and surrounding areas, Lance J. Robinson understands the nuances of Louisiana law and provides robust legal representation across a wide range of cases. His expertise spans:

Lance can even assist with expungement , helping you clear your record and move forward with your life.

Whether you're a local resident or an out-of-state visitor, Lance has successfully helped numerous clients navigate their legal challenges with minimal disruption to their lives. His deep understanding of Louisiana law and extensive courtroom experience ensure that you'll receive the highest quality legal representation, tailored to your specific situation.

Don't let uncertainty about court appearances add to your stress. Contact the Law Office of Lance J. Robinson today at (504) 427-6210 for a free consultation . Let us help you understand your rights, explore your options, and develop a strategic approach to your case. With Lance J. Robinson as your advocate, you can move forward with confidence, knowing you have a dedicated legal professional fighting for your best interests every step of the way.

Call Lance for a Free Consultation Today!

Whether you're fighting charges or considering a plea deal, New Orleans defense attorney Lance J. Robinson will represent your interests at every stage. As his client, you'll receive expert, aggressive, and professional handling of your case. He understands the stress of legal challenges and is committed to shouldering that burden for you.

Don't face the legal system alone. Let Lance be your voice in court.

Call or Text Lance J. Robinson at (504) 427-6210 for a Free Consultation right now. He's available 24/7.

Take the first step towards strong legal defense. Contact Lance today to learn how he will fight for your best interests and work towards the most favorable resolution possible.