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Posts tagged "Criminal Defense"

When can I appeal a conviction?

When a trial court makes a decision, there is an assumption that their finding is the correct one and higher courts are hesitant to hear an appeal from the lower court. In order to hear it, the it must be demonstrated to the appellate court that there was an error in the trial and this was either a substantial error or a material one. This basically rules out harmless errors-those that are not likely to make a substantial difference in the result of the trial as they do not affect the defendant's substantial rights.

Musician facing misdemeanor drug possession charges

When one is a performer in the public eye, their image is very important. They work hard to maintain good repute in front of people of all ages and walks of life, as their work is to be enjoyed by the mainstream public. Any accusations of wayward behavior could prove detrimental to their image and therefore their livelihood-when those accusations translate into charges of criminal activity, it could cause irreparable damage.

Increase in DUI arrests across the state on Labor Day weekend

There are certain times of the year when law enforcement agencies crack down on drunk driving across the country, and Labor Day is one of those times. Authorities also advertise the number of stops conducted and arrests made on these events. As a result of the public pressure and push for taking a serious line against drunk drivers, many people may find themselves facing charges they did not anticipate or stopped for reasons that are not permissible.

Don't shy away from availing constitutional right to attorney

As mentioned in last week's post, even when one is facing serious criminal charges, they have certain constitutional protections that are available to them and that they should avail. One of those rights, as enumerated in the Miranda warnings, is the right to an attorney and speaking to one as soon as one is facing criminal charges is beneficial for the accused.

Does my arrest stay on my record?

Legally speaking, an arrest is not the same as a conviction. The charges may be dropped and an arrested person released from custody for various reasons, including, but not limited to, the fact that someone else has been charged with committing the crime. An arrest is generally not considered proof that the arrested person engaged in the criminal conduct they were charged with. A conviction, on the other hand, is a different matter-it is often more than likely that the person engaged in the conduct they were charged with.

Man arrested for armed robbery of store

Being arrested for a serious crime such as robbery in New Orleans can be frightening. Those who find themselves in this situation may feel overwhelmed with the legal system and unsure what to do with their criminal defense case. A Terrytown man recently was arrested for armed robbery of a Marrero store.

Why should I accept a plea bargain?

Louisiana residents probably know they have the constitutional right to a trial by their peers, but going through a criminal trial may not be the best way to defend oneself in every situation. Depending on the circumstances, individuals facing criminal charges may not want to go through the criminal justice system and their defense may be possible in another way-through plea negotiation.

It is not legal in Louisiana to lie to the police or prosecutors

Previous posts on this blog have discussed how New Orleans residents can get into significant criminal trouble for lying to public officials, especially when those officials are investigating a crime. Even if a Louisianan did not actually have anything to do with the crime itself, he or she can still wind up in jail or paying fines simply for lying about it.

Armored car robbery investigation leads to criminal charge

A young man faces a federal criminal charge in connection with a recent attempted robbery of an armored car in the New Orleans area. During the course of the robbery attempt, gunfire was exchanged between the would-be robbers and the guards in the armored car. One of the guards died from gunshot wounds suffered during the incident.

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