New Orleans Criminal Attorney

Re-Homing of a Child – Louisiana Law

    Re-Homing of a Child — La. R.S. 14:46.4

This law was enacted during the 2014 legislative session. The statute may be found here.

  Re-homing of a child is any one of the following:

(1) A transaction, or any action taken to facilitate such transaction, through electronic means or otherwise by a parent or any individual or entity with custody of a child who intends to avoid or divest himself of…

Solicitation of Transportation in Exchange for Sexual Intercourse

  Solicitation of Funds or Transportation for Certain Unlawful Purposes – La. R.S. 14:107.5

    This is a new law that was created during the 2014 legislative session, essentially this law states that it is unlawful to ask someone for a ride or transportation in exchange for sexual intercourse. This is considered a prostitution related offense.

A. It shall be unlawful for any person to solicit…

Residential Contractor Fraud – Louisiana

  New Statute, Residential Contractor Fraud

  By: Elizabeth B. Carpenter

  During the 2014 legislative session, the Louisiana law makers repealed the statute for Home Improvement Fraud and replaced it with Residential Contractor Fraud.

  Residential Contractor Fraud — La. R.S. 14:202.1

  Residential contractor fraud is the misappropriation or intentional taking of anything of value which belongs…

Ferguson Legal Defense Committee Issues 48-Hour Emergency Call To Action

**Please forward widely**

  Ferguson Legal Defense Committee Issues 48-Hour Emergency Call To Action & All-Points Bulletin

 To All People of Conscience: The Ferguson Legal Defense Committee (FLDC) has issued the following EMERGENCY CALL TO ACTION for all lawyers, legal workers and law students of conscience in anticipation of a major reaction to the (non or under) indictment of Ferguson police…

Are You the Cable Guy or the FBI?

Are you the cable guy or the FBI?

  By Elizabeth B. Carpenter

    There is an interesting case before a U.S. Federal District Court in the Las Vegas area. The issue for the judge to decide is whether FBI agents can disconnect a utility service to an abode and then, disguise themselves as repairmen in order to gain entry and covertly search the premises in hopes of finding evidence that might…

Unjust Oppression of Sex Offenders on Halloween

Unjust Oppression of Sex Offenders on Halloween

  By: Elizabeth Bagert Carpenter

    Today is Halloween. This means that law enforcement officials are going to knock on the doors of many known sex offenders to remind them of laws that restrict their freedom today. For example, in Louisiana, registered sex offendersare not allowed to trick or treat, attend parties where children will be present or…

7 Reasons Prostitution Should Be Legalized

  7 Reasons Prostitution Should Be Legalized

  By Elizabeth Bagert Carpenter — New Orleans Prostitution Attorney

  The subject of prostitution has been analyzed and discussed for thousands of years. It was around 5000 years ago that civilized societies started to regulate prostitution. Those in power decided to use the mutual exchange of sex for money to forward their tax base, provide a…

Who Can See My Record After an Expungement? – Louisiana Law

  By Elizabeth B. Carpenter — New Orleans Expungement Attorney

  The $25,000 question: Who can see my record?

  In my law practice, every client wants and needs to know whether he needs to state that he has had a criminal record expunged on a job application.The answer to this question is often best answered on a case-by-case basis, even though the law clearly states that the defendant does not…

Gun Rights and Domestic Battery Convictions — Louisiana Law

    During the 2014 legislative session, Louisiana lawmakers added and modified many laws pertaining to domestic violence.  One of the most significant actions taken was the creation of Louisiana Revised Statute 14:95.10, which prohibits someone previously convicted of domestic abuse battery from possessing a firearm or carrying a concealed weapon for 10 years. The statute was created by House…

U.S. Sentencing Commission Weighs Lesser Penalties White Collar Crimes

  New Orleans White Collar Crime Defense Attorney

  United Sentencing Commission considers softer sentences for federal white collar crimes

    In the coming year the Feds will consider changes to sentencing guidelines for some white-collar crimes.

The U.S. Sentencing Commission, which earlier this year reduced guideline ranges for nonviolent drug crimes, unanimously approved its latest set of…

New Louisiana Motorist Laws Effective August 1st

Louisiana DWI Dui Defense Attorney

  Today is August 1st.  This means that many laws and amendments passed during the 2014 Louisiana Legislative Session will affect motorists throughout the state starting today. Below I have listed a few notable changes affecting motorists.  Please note: the new laws pertaining to DWI arrests and convictionsare not included in this list.  I will post those next…

Federal Drug Prisoners May Be Released Sooner

It’s Time to Open these Gates!

The U.S. Sentencing Commission (USSC) voted in favor of making new federal drug guideline sentence reductions retroactive.

  Most of you know by now, our country is in the midst of an incarceration crisis.  Our great nation locks up more, per-capita, than any other nation.  Many of these inmates are victims of harsh sentencing initiatives resulting from the failed…

Coping When a Loved One is Sentenced to Prison

Grief When a Family Member is Incarcerated

  I just returned to my office after an emotional morning in court.  My client was sentenced to serve 25 years in prison for a crime that I believe does not merit such a harsh penalty.  This is an aspect of my work that I dislike to say the least.  Of course, I replay all my defense strategies in my mind, making sure that I did not fail my client along…

Facts, Lies and Videotaped Interrogations

  FACTS, LIES and VIDEOTAPED INTERROGATIONS

  The Justice Department recently said that the F.B.I. and other federal law enforcement agencies are encouraged to videotape interviews with suspects in most instances. This new policy does not apply in cases where agents need urgent national security-related information that could expose sources or methods or where the interviewed subject request to…

Three New Louisiana Laws Regarding Gun Rights

  Governor Bobby Jindal has signed three bills into law.  Two of these bills expand gun rights, while the third one restricts gun rights.

  Carrying Weapons in Establishments that Serve Alcohol

A new law that allows concealed-carry permit holders to carry their weapons into restaurants that serve alcohol — the establishment must make most of its money from the sale of food rather than alcohol.…

Should Louisiana Gun Rights Extend To Convicted Felons?

  In 2012, Louisiana voters approved a state constitutional amendment that makes gun ownership a fundamental right.  This places gun ownership on the same level as freedom of speech or freedom of religion.  This law also requires that any challenges should be held to strict scrutiny which is the most stringent standard of judicial review.  In other words, the law should favor the constitutional…

Secret Injections and Messy Justice!

  On Tuesday, April 29, 2014 two convicted murderers were set to be given lethal injections for their crimes in Oklahoma. Clayton D. Lockett and Charles F. Warner were to be Oklahoma’s latest executions. As the clock drew down on Mr. Lockett he was supposed to be given his last meal, marched down to the execution chamber, strapped down, injected with a cocktail of lethal drugs and peacefully pass…