In general, you have an automatic right to appeal any criminal conviction that you receive from a Louisiana judge or jury. As explained by Columbia University, when you appeal, you ask a higher court, usually the Court of Appeals for the jurisdiction in which you...
Criminal Defense
Criminal Defense
Mistakes in police procedure may aid in your defense
If a roadside stop ends with your arrest, it does not mean you are bound for prison. You have the right to mount a defense, which may include questioning police procedures. The police must follow the law when investigating any crime, including a DWI stop. However, the...
Schedule II drugs under Louisiana law: Part 2
The previous installment discussed Schedule II substances with limited medical uses. It is rare for doctors to prescribe these drugs, so most of the manufacturing and distribution is illicit. There are other Schedule II controlled substances that have much broader...
Schedule II drugs under Louisiana law: Part 1
Each of the five schedules of controlled substances has restrictions placed on access based on how potentially dangerous they are. Schedule II controlled substances are the most potent and potentially dangerous substances available with a doctor's prescription. While...
What do you do when the police come knocking?
When growing up, most of us hear from parents and other authority figures that it is important to give our trust to law enforcement agencies. Unfortunately, they do not always have your best interest in mind, nor do they always act in a straightforward way. This can...
How a history of mental illness may help you at trial
If you are facing criminal charges, you undoubtedly have some worries about the consequences of a potential conviction. While you probably have some options for defending yourself, you may also want to begin thinking about mitigating factors that may encourage a judge...
Why are your Miranda rights so important?
If you think you have a legal obligation to answer law enforcement officers’ questions any time and anywhere they ask them, think again. Your only legal obligation is to produce identification when officers ask for it. Once you do that, you need not answer any further...
Should you accept a plea bargain?
When you face criminal charges, the prosecutor, in all likelihood, will offer you a plea bargain. Should you accept it? FindLaw explains that a plea bargain consists of an agreement between the prosecutor and you and your lawyer to do certain things in exchange for...
Why eyewitness testimony is often inaccurate
When you face a criminal charge and eyewitnesses say they saw what took place, the judge or jury deciding your case may put considerable stock in what those eyewitnesses have to say. Yet, eyewitness accounts are often fallible and inaccurate. This has led to many...
How reliable is DNA evidence?
Most people believe DNA is the most concrete type of evidence in a criminal case. Hollywood would have you believe that if the prosecutor has DNA evidence, then there is no fighting the charges because DNA does not lie. This is not entirely true. According to National...