Instituting Criminal Prosecution in Louisiana State Courts
Imagine, for a moment, you find yourself in the unfortunate situation of being arrested in Louisiana. Many people are familiar with the concept of an arrest. Most are not familiar with what happens after they are arrested. Yes, everyone is entitled to “their day in...
5 Stages Of A Criminal Case
There are 5 stages to a criminal case that everyone arrested needs to know about. They five stages are as follows: the first appearance, the arraignment, motions, pre-trial conference and trial. First Appearance The first appearance is the accused’s first...
7 Major Exceptions To The Warrant Requirement
As discussed in an earlier post, there are 7 major exceptions to the rule that the police obtain a warrant before searching a person’s property. In this post we discuss the major exceptions to the rule. These exceptions are so pervasive that many believe the warrant...
3 Burdens Of Proof
Louisiana law utilizes 3 different burdens of proof throughout the criminal justice process. These three burdens of proof are: the reasonable doubt standard, probable cause and reasonable suspicion. This post describes each burden and identifies when they are...
3 Major Categories Of Evidence To Suppress
Anyone accused of a crime in Louisiana may petition the court to suppress any seized evidence that will be used against him at trial upon grounds that it was unconstitutionally obtained. Broadly speaking, there are 3 categories of evidence sought to be suppressed:...
4 Types Of Arrests In Louisiana
There are 4 ways that people can be arrested in Louisiana: citation; an on scene arrest; by an arrest warrant and by a grand jury warrant. In each case, there needs to be a showing of probable cause made by the police, but the level of judicial oversight varies...
How Much Time Do You Need To Serve On An Aggravated Charge?
Time Calculations One of the more common questions defense attorneys are asked is how much of a particular sentence someone needs to serve. This information is valuable in negotiating pleas or assessing whether a trial is necessary given the particular facts of a...
Animal Bites
Although animal-attack claims most commonly involve dog bites, many other types of domesticated animals, such as ferrets, cats and even birds, can also bite humans. Even non-domesticated animals, such as large cats ordinarily found in the wild, but owned by some...
Assault And Battery Lawsuits
In civil court, assault and battery are intentional torts, and can be the basis of a personal injury lawsuit against the person who commits them. Assault and battery are different from other personal injury claims in that the person accused of assault or battery must...
What is negligence?
Negligence If you have a been injured in an accident of some kind, you may have a claim for the personal injuries you have suffered. When you have a personal injury action (or any tort claim), you must be aware of negligence. The defendant may...
