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New Orleans Criminal Defense Blog

Asserting an aggressive defense against a DUI

New Orleans is known for a few things, such as their warm weather, close proximity to the gulf, Bourbon Street and Mardis Gras. All of these reasons cause locals and tourists to visit the city, most of them partaking in celebrations or consuming alcohol. While this is a perfectly legal action, it is not legal to get behind the wheel of a vehicle after consuming alcohol that puts the driver over the legal limit or is not capable of driving safely. Such a situation could result in a DUI charge, causing a motorist to face serious penalties.

While it can be an overwhelming situation, it is important to take timely action following a DUI charge. In the State of Louisiana, if a defense action is not filed within a certain timeframe, he or she could face a driver's license suspension. Therefore, the legal team at Craig E. Gibbs, Attorney at Law is available to help individuals charged with a DUI understand their defense options.

Strategies for combating mass incarceration

One thing national headlines focus on when it comes to Louisiana is the size of the prison populations here. It is one of the highest rates of incarceration in the United States and the world. Understanding the problem is important, but the next step, coming up with a solution, is the true challenge.

Many believe that the first step towards combating and turning back the tide of mass incarceration is ending the war on drugs. That idea is not as solid as it seems since, according to Ron Fraser, the entire population of drug offenders makes up only a small fraction of those in prison. The solutions to the mass incarceration, not just in Louisiana, but all over the United States may lie in looking at criminal justice in new ways, such as:

Considerations for parents with kids facing charges

There is nothing funny about your children facing criminal charges, and knowing what to do in a situation may make you feel hopeless will help decrease your anxiety. When standing between your child and the law, you have to take a realistic approach and consider the best way to move forward.

You do everything you can to make sure your kids are strong, independent and obedient, but when they make mistakes, there is only so much you can do. If you are a parent worried about your child facing charges here are some things to remember.

Two Louisiana men accused of selling drugs from hotel room

When police officers believe that an illegal activity is going on, they will act on those suspicions. This could result in a person being questioned and even searched if there exists probable cause. A search and seizure could result in a suspect being charged and arrested for criminal charges. However, just because evidence has been collected does not mean it will stand in court. Thus, it is important for defendants to assert a defense, even if it seems like the state has a strong case against them.

According to recent reports, authorities in Louisiana arrested two men after suspecting that drug crimes were going on in their hotel room. The St. Bernard Parish Sheriff's Office received an anonymous tip that caused them to arrive at the Chalmette hotel. Upon arriving outside the hotel room in question, officers state that they smelled a strong order of marijuana.

Can I defend myself against drug charges?

As mentioned previously on this blog, charges of drug possession, with or without intent to distribute, could mean serious penalties for a Louisiana resident. However, simply being accused of a crime does not mean that one should give up and not fight to protect their rights-there are a number of defenses they could employ to defend themselves against drug charges

Defense for holiday-season drunk driving charges

The New Year brings it with new beginnings for most people, but no one wants that new beginning to be from inside a jail cell, serving time for committing an act that they are suspected of committing. But with added checkpoints and police on standby to check for drunk drivers in the holiday season, especially around New Year's Eve, this might be the exact result.

Is a convicted person always sentenced to prison time?

Once someone is convicted of committing a crime, they are then sentenced for the criminal conviction. Most Louisiana residents believe that the only option available is prison time, but this is not the case. It is possible for a criminal defense lawyer to negotiate alternative sentences for the accused that would better serve their interests. For example, the court may order counseling or a pre-trial diversion program for a first-time offender related to drug charges.

Get a fair chance to defend yourself with experienced counsel

Last week's blog post demonstrates how much is on the line for a Massachusetts resident facing criminal charges and how similarly situated people may end up with different sentences based on factors outside of their control. One thing though that could possibly be controlled is how one defends themselves and who they choose to do it. Having an experienced person by one's side and fighting for their freedom may be the difference between a conviction and an acquittal or a lengthy sentence and a pleaded down charge.

USSC reports highlights sentencing disparities

When someone is accused of committing a crime, there should be an assumption that they are innocent until proven guilty in a court of law-this means Louisiana residents have the constitutional right to defend themselves from the criminal charges the prosecutor levies against them. This is not the case though-it is an unfortunate reality that once someone is arrested, most people assume they are guilty and if the person is a black male, they have the decks stacked against them even higher.

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.

Appealing a decision is often the course Louisiana defendants take to either lessen their sentence or change the verdict. It is important to understand the grounds on which the appeal can take place, so it can be pursued in a timely manner.

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