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Baton Rouge Criminal Defense Law Blog

Can running from an officer lead to prison?

Last week's post reported a Baton Rouge resident who was charged with unlawful "flight from an officer." Running from a Louisiana police officer will almost always land someone in legal hot water. In certain circumstances, a criminal conviction for this type of charge can even lead to a prison sentence of five years at hard labor.

While some people may have in mind a person tearing through the streets with police cars in hot pursuit when they think of a "flight" from an officer, in fact Louisiana law requires the state's prosecutors to prove much less to get a conviction on a felony charge.

Baton Rouge man arrested on multiple charges

Baton Rouge police announced the arrest of a man who allegedly menaced four people with a gun, supposedly putting at least one of those people in fear for her life. In addition to an aggravated assault charge, the Baton Rouge man also faces multiple other serious charges in connection with his arrest.

According to reports, a man for some unspecified reason came to a woman's house and pointed a gun at the woman and three people who were also in the house. He left the home, and the woman called the police. She gave police a description of the car that she thought the man was driving.

Tips to avoid being accused of cyber bullying

One of the best ways for Baton Rouge residents to avoid being accused of a crime is not to be in the wrong place at the wrong time. While this may sound simple enough, avoiding those situations that look bad in the eyes of Louisiana authorities can be tricky, especially when it comes to the virtual world of the Internet.

As its name implies, cyber bullying describes a situation in which one person or a group of people berate, threaten or otherwise intimidate another person via email, social media or another form of electronic communication. While people have freedom of speech online, this freedom has certain definite boundaries. Louisiana law protects people against cyber bullies.

A criminal defense for people accused of Internet crimes

Louisiana residents may not think much of it, but it can be fairly easy for a person to be accused of an Internet crime. Internet crimes do not just cover matters involving pornography or illegal sexual contact; as last week's post discussed, even simple things like losing one's temper while online can lead to serious criminal charges. Moreover, Baton Rouge residents who buy and sell over the Internet may find themselves accused of fraud or some type of theft.

While most of these types of criminal charges will likely be filed in the Louisiana state courts, federal charges are certainly possibly in some cases. Serious consequences, including lengthy jail sentences, can be the end result of what some may see as relatively common occurrences over the Internet.

What is the Louisiana law for cyber bullying?

As the internet has risen in its prominence, the positives - greater access to information, ease of use, speed, convenience in communication - are well-known. But the internet also has its negatives. One is the rise of cyber bullying. In many instances, this involves young people, but it can also involve people of all ages. Louisiana has taken steps to deal with this problem by enacting laws to help those who are confronted by it and punish those who are alleged to be committing it. Those who are accused of cyber bullying or any cybercrime need to understand this new issue and how to formulate a criminal defense.

Transmitting texts, visual, written and oral communication electronically with the intention to abuse, coerce, torment, intimidate, frighten, embarrass or cause distress emotionally to another is known as cyber bullying. With electronic communication, it is made through the internet or any other service. This crime stems from when it was committed and from where it was initially sent, received or viewed.

Man facing multiple drunk driving charges after crash

When a person is facing drunk driving charges in Baton Rouge, the fear and consternation can be overwhelming. This is especially true if there were not only charges for DWI, but a drunk driving accident in which a person was injured or killed. The driver will be confronted with the possibility of being convicted of multiple offenses, as well as the penalties and long-term ramifications in the event there is a conviction. Knowing how to craft a strong defense could be the key to the entire case.

The driver of a 2005 Chevrolet Avalanche is expected to be charged with multiple offenses linked to driving under the influence once he is well enough to leave the hospital. In the accident, a 35-year-old passenger was killed after she was ejected from the vehicle. The vehicle ended up on its roof. The 42-year-old driver was arrested on suspicion of driving without a license, driving under the influence, having an altered temporary tag on the vehicle, failing to have a current inspection, no registration, no insurance and vehicular homicide.

Louisiana child pornography laws

There is no such thing as a typical person who gets accused of a sex offense in this state. Many Louisiana residents from all walks of life face accusations of all kinds of sex offenses, including non-contact offenses like the possession of child pornography. Although sex crimes vary in degree and severity, they all seem to carry with them significant consequences, including lengthy jail terms, hefty fines, strict terms of probation and a social stigma that can last a lifetime.

Child pornography charges can ensnare even an honest, hardworking Louisiana resident who has never been in trouble with the law before. The child pornography laws in Louisiana are very broad, encompassing not only depictions of sexual acts but also many forms of nudity.

Multiple arrests in federal drug trafficking case

A federal grand jury indicted 39 people, many of whom are from Baton Rouge, in connection with accusations that they participated in a drug ring. Some of the people arrested are also accused of other criminal activity, including planning a murder and also threatening to cut off someone else's fingers.

In the course of executing arrest warrants, police claim that they found weapons and drugs. Police also stated that they found $150,000 in cash. Following the announcement of the arrests, the United States Attorney accused the 39 suspects of distributing crack and other drugs in many parts of the Baton Rouge area.

Officers' intent matters little in probable cause cases

Some Louisiana residents may think that, in order to make an arrest, a police officer has to be able to articulate a good reason for detaining a person. However, the truth of the matter is that after the fact excuses for why a person was arrested, so long as they are otherwise legally valid, are perfectly legal in Louisiana.

Just like police are legally allowed to lie to a person in an interrogation, police are also allowed to come up with what many would call "pretexts" for arrests. In other words, a policeman on the spot could simply stop and search a person without having a reason in his or her mind to do so. Without more, the officer's arrest and search would be illegal.

Defending against a criminal conviction for a violent crime

Over the last several weeks, this blog has discussed what might well be a nightmare scenario for many residents of Baton Rouge, Louisiana. Although many Louisianans might think that being convicted of a felony homicide would require that a person intentionally or at least recklessly kill somebody, in fact such is not the case.

In truth, a person can be charged with and convicted of a felony homicide for something that, while a serious accident, is an accident just the same. A person need not think too hard to imagine what it is like having try to carry on in life with a serious criminal conviction on one's record. Aside from the real possibility of prison time and a lengthy and restrictive term of probation, the person who is convicted will have to live with the professional and social handicaps that a person with a felony conviction usually endures.

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