Louisiana Code of Criminal Procedure Article 976 states that a person may file for an expungement of a felony or misdemeanor offense that did not result in a conviction in the following circumstances:

1. The person was not prosecuted for the offense for which he was arrested, and the limitations on the institution of prosecution have barred the prosecution for that offense.

2. The district attorney for any reason declined to prosecute any offense arising out of that arrest, including the reason that the person successfully completed a pretrial diversion program.

3. Prosecution was instituted and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.

4. Th person was judicially determined to be factually innocent and entitled to compensation of ra wrongful condition pursuant to the provisions of R.S. 15:572.8.

La. C.Cr.P. Art. 976(A).

But wait! There is an exception: no person who has participated in a pretrial diversion program for a charge of Driving While Intoxicated may expunge his arrest until 5 years have passed from the date of his arrest. La. C.Cr.P. Art. 976(B).

If you or someone you know would like to schedule a consultation about expungements, give us a call at (318) 459-9111.

For the next four weeks, we’ll be covering expungement basics and details under Louisiana law.

To start: what is an expungement? Louisiana Code of Criminal Procedure Article 972 defines “expunge a record” as “to remove a record of arrest or conviction, photographs, fingerprints, disposition, or any other information of any kind from public access pursuant to the provisions of this Title. ‘Expunge a record’ does not mean destruction of the record.” La. C.Cr.P. Art. 972(A)(1).

So what does an expungement do?

“An expunged record of arrest or conviction shall be confidential and no longer considered to be a public record and shall not be made available to any person or other entity…” La. C.Cr.P. Art. 973(A).

But, like so many things in the law, there are exceptions. An expunged record can be disclosed:

(1) To a member of a law enforcement or criminal justice agency who shall request that information in writing, certifying that the request is for the purpose of investigating, prosecuting, or enforcing criminal law, for the purpose of any other statutorily defined law enforcement or administrative duties, or for the purposes of the requirements of sex offender registration and notification pursuant to the provisions of R.S. 15:540 et seq.

(2) On order of a court of competent jurisdiction and after a contradictory hearing for good cause shown.

(3) To the person whose record has been expunged or his counsel.

(4) To a member of a law enforcement or criminal justice agency, prosecutor, or judge, who requests that information in writing certifying that the request is for the purpose of defending a law enforcement, criminal justice agency, or proseucutor in a civil suit for damages resulting from wrongful arrest or other civil litigation and the expunged record is necessary to provide a proper defense.

La C.Cr.P. Art. 973(A).

Additional exceptions are for various state agencies which may request the expunged records in writing:

• the Office of Financial Institutions,

• The Louisiana State Board of Medical Examiners,

• the Louisiana State Board of Nursing,

• the Louisiana State Board of Dentistry,

• the Louisiana State Board of Examiners of Psychologists,

• the Louisiana Board of Pharmacy,

• the Louisiana State Board of Social Work Examiners,

• the Emergency Medical Services Certification Commission,

• Louisiana Attorney Disciplinary Board,

• Office of Disciplinary Counsel,

• the Louisiana Supreme Court Committee on Bar Admissions,

• the Louisiana Department of Insurance,

• the Louisiana Licensed Professional Counselors Board of Examiners,

• the Louisiana State Board of Chiropractic Examiners,

• “or any person or entity requesting a record of all criminal arrests and convictions pursuant to R.s. 15:587.1, or as otherwise provided by law.”

La C.Cr.P. Art. 973(B).

A person whose record has been expunged cannot be required to disclose the expunged arrest or conviction or that it has been expunged, except to those organizations listed in Subpart (A). La. C.Cr.P. Art. 973(C).

Lastly this week, what is an expungement going to cost?

Louisiana Code of Criminal Procedure establishes a limit of $550 in fees that can be charged by the Court for processing an expungement. Those are broken down as follows: The Louisiana Bureau of Criminal Identification and Information may charge a processing fee of $250; the Sheriff may charge a processing fee of $50; the District Attorney may charge a processing fee of $50; and the Clerk of Court may charge a processing fee of $200. La C.Cr.P. Art. 983(A) & (B). If the individual applying for an expungement may obtain a fee waiver if she has (1) no felony convictions, (2) no pending felony charges, and at least one of the following:

1. The applicant was acquitted, after trial, of all charges derived from the arrest, including any lesser and included offense;

2. The district attorney consents, and the case was dismissed or the district attorney declined to prosecute (unless the applicant participated in pre-trial diversion);

3. The applicant was arrested and not prosecuted within the time limitations and did not participate in a pretrial diversion program; or

4. The applicant was determined to be a victim of certain crimes of identity theft.

La C.Cr.P. Art. 983(F). An applicant is also exempt from filing fees if he was determined to be factually innocent and entitled to compensation pursuant to La. R.S. 15:578 or if he has been granted a pardon (not a first offender pardon). La. C.Cr.P. Art. 983(I) & (J).

Finally, the fees are reduced for those applying for expungement pursuant to the special first offense marijuana provision to $300. La C.Cr.P. Art. 983(M).

If you or someone you know would like to schedule a consultation about expungements, give us a call at (318) 459-9111.

People facing criminal prosecution for misdemeanor charges will sometimes hear as part of a plea offer that they ‘will be eligible for Article 894’ or ‘can be sentenced pursuant to Article 894,’ but what, specifically, does that mean?

Article 894(B) of the Louisiana Code of Criminal Procedure allows for a sentence to be “deferred” and a defendant to be placed on probation. Upon successful completion of that term of probation, the court may then set aside the defendant’s conviction and enter a dismissal. This allows for the defendant to immediately file for an expungement of his arrest record, which removes the record from public access, upon completion of his term of probation.

There is a limit that an individual can only receive the benefit of Article 894(B) once during a 10-year period when the conviction being set aside is for diving while intoxicated. (La. C.Cr.P. Art. 894(B)(2))

If you or someone you know is facing misdemeanor charges and would like to schedule a consultation, give us a call at (318) 459-9111 to schedule a meeting.

People facing criminal prosecution for felony charges will sometimes hear as part of a plea offer that they ‘will be eligible for Article 893’ or ‘can be sentenced pursuant to Article 893,’ but what, specifically, does that mean?

Article 893 of the Louisiana Code of Criminal Procedure is the provision of the Code that applies to suspension of sentence and probation in felony cases. It governs the situations under which a judge can order a person convicted of a felony criminal offense to serve a suspended sentence and be placed on probation.

Specifically, though, many attorneys will use an “Article 893” as shorthand for a specific provision of the article: Subsection (E), which states:

(E)(1)(a) When it appears the the best interest of the public and of the defendant will be served, the court may defer, in whole or in part, the imposition of a sentence after conviction of a first offense noncapital felony under the conditions set forth in this Paragraph…the court may defer the imposition of sentence and place the defendant on probation under the supervision of the division of probation and parole.

…

(2) Upon motion of the defendant, if the court finds at the conclusion of the probationary period that the probation of the defendant has been satisfactory, the court may set the conviction aside and dismiss the prosecution. The dismissal of the prosecution shall have the same effect as acquittal, except that the conviction may be considered as a first offense and provide the basis for a subsequent prosecution of the party as a habitual offender except as provided in R.S. 15:529.1(C)(3). The conviction may be considered as a prior offense for purposes of any other law or laws relating to cumulation of offenses. Dismissal under this Paragraph shall occur only twice with respect to any person."

La. C.Cr.P. Art. 893(E). Convictions for crimes of violence, sex offenses involving minors, and certain violations of the Uniform Controlled Dangerous Substances Laws are not eligible for sentencing pursuant to this provision.

This provision of the criminal code allows for an individual to set aside his conviction after successful completion of probation. The additional benefit that comes with this set aside is that the individual is then immediately eligible to expunge his arrest record, which removes the record from public access (for most purposes) and allows him to say that he has not been arrested or convicted for the expunged offense.

If you or someone you know is facing felony charges and would like to schedule a consultation, give us a call at (318) 459-9111 to schedule a meeting.

The Louisiana Legislature is, once again, in session, and has been busy passing new legislation that impacts all aspects of Louisianan’s lives. Of specific interest to us over the next few weeks are the changes they have made to various criminal offenses and procedures.

The legislature enacted a new offense criminalizing “Possessing, trafficking, or importing a child sex doll.” La. R.S. 14:81.6. This crime is defined as:

(1) A person commits the crime of possessing a child sex doll by intentionally or knowingly possessing a child sex doll.

(2) A person commits the crime of trafficking a child sex doll by knowingly manufacturing, distributing, selling, transferring, offering to sell, advertising, providing, shipping, delivering for shipment, offering to deliver for shipment, or possessing with the intent to manufacture, distribute, sell, ship, or transfer a child sex doll.

(3) A person commits the crime of importing a child sex doll by knowingly transporting, or causing to be transported, a child sex doll into this state by any means with the intent to distribute, sell, or transfer the child sex doll to another, whether or not the person has taken actual possession of the child sex doll.

La. R.S. 14:81.6(A). A “child sex doll” is defined as:

an anatomically correct doll, mannequin, or robot that both:

(1) Has the features of or features that resemble those of an infant or a child under 18 years of age.

(2) Is intended to be used for sexual stimulation or gratification.

La. R.S. 14:81.6(B)(2). A person who violates the first subsection of this statute shall be imprisoned at hard labor for not more than 1 year and/or a fine of not more than $5,000. La. R.S. 14:81.6(E)(1). A person who violates the second subsection of this statute shall be imprisoned for not less than 6 months nor more than one years and/or fined not more than $10,000. La. R.S. 14:81.6(E)(2). A person convicted for violating the third subsection of this statute shall be imprisoned at hard labor for not less than 1 year nor more than 2 years and/or fined not more than $20,000. La. R.S. 14:81.6(E)(3).

The legislature also amended the Human Trafficking statute to clarify the conduct prohibited as any sex offense contained in the registration statute. La. R.S. 14:46.2(B)(2)(a). The legislature amended the penalties to be life imprisonment without the benefit of probation, parole, or suspension of sentence when the offense involves person under the age of 18. La. R.S. 14:46.2(B)(2)(c). When the offense involves an individual between the ages of 18 and 21, the term of imprisonment shall be imprisonment at hard labor for a minimum of 15 years and up to 50 years. La. R.S. 14:46.2(B)(2)(b).

Finally, the legislature amended the Molestation of a juvenile statute to increase the minimum penalty from 5 to 10 years when the victim is between 13 and 17 and when the offender has control or supervision over the victim. La. R.S. 14:81.2(B)(2). When the victim is between 13 and 17 and the offender “is in a position of supervision or entrusted with a supervisory role of the juvenile that includes but is not limited to a religious, charitable, scientific, educational, athletic, or youth-serving purpose or is an educator of the juvenile,” the penalty shall be a minimum of 10 years up to a maximum of 40 years, and 10 years shall be without benefit of probation, parole, or suspension of sentence. La. R.S. 14:81.2(B)(3)(a).

Should you or someone you know be facing criminal prosecution, give us a call at (318) 459-9111 to schedule a consult.

The Louisiana Legislature is, once again, in session, and has been busy passing new legislation that impacts all aspects of Louisianan’s lives. Of specific interest to us over the next few weeks are the changes they have made to various criminal offenses and procedures.

The legislature enacted Louisiana Revised Statutes 14:87.6.1 - Coerced criminal abortion by means of fraud:

Coerced criminal abortion by means of fraud is committed when a person knowingly and intentionally engages in the use of an abortion-inducing drug on a pregnant woman, without her knowledge or consent, with the intent to cause an abortion.

La. R.S. 14:87.6.1(A). The penalty for violating this statute is a fine not less than $10,000 nor more than $75,000 and imprisonment at hard labor for not less than 5 years nor more than 10 years. La. R.S. 14:87.6.1(B)(1). When the unborn child is more than 3 months of gestational age, the term of imprisonment shall be not less than 10 years nor more than 20 years, and a fine of not less than $50,000 nor more than $100,000. La. R.S. 14:87.6.1(B)(2).

As part of this large addition to the criminal code, the Louisiana legislature has added Mifepristone and misoprostol to Schedule IV, which prohibits its possession by individuals in the State of Louisiana. La. R.S. 40:964(F). An exception is established in La. R.S. 40:969(C)(2) “for a pregnant woman to possess mifepristone or misoprostol for her own consumption.”

The legislature made a positive change to the Unauthorized use of sperm, ovum, or embryo statute, doing away with the requirement that the deceased spouse have signed a consent form authorizing the use of their previously donated sperm, ovum, or embryo by their surviving spouse, prior to the deceased spouse’s death. This change makes it easier for the surviving spouse to use previously donated sperm, ovum, or embryos to conceive after the death of their spouse.

Should you or someone you know be facing criminal charges, please call us at (318) 459-9111 to schedule a consult.

The Louisiana Legislature is, once again, in session, and has been busy passing new legislation that impacts all aspects of Louisianan’s lives. Of specific interest to us over the next few weeks are the changes they have made to various criminal offenses and procedures.

The Louisiana Legislature enacted new legislation to control electronic speed zone and red light cameras and their implementation by the municipalities and parishes of Louisiana. This legislation controls operating hours, appeal procedures, and how revenue must be distributed if electronic cameras and ticketing are to be used. La. R.S. 32:46.

The Legislature also amended La. R.S. 32:232 to increase the penalties for red light violations which result in bodily injuries:

• In the event of a red light violation which results in bodily injury, the penalty is a fine of not less than $200 nor more than $500 and may have his driver’s license suspended for 90 days.

• In the event of a red light violation which results in a serious bodily injury, the penalty is a fine of not less than $500 nor more than $1,000, imprisonment for not more than 6 months, and may have his driver’s license suspended for 180 days.

• In the event of a red light violation which results in a death, the penalty is a fine of not less than $1,000 nor more than $5,000, imprisonment for not more than 1 year, and a driver’s license suspension of up to 365 days.

  If you or someone you know is facing criminal charges and would like to schedule a consultation, give us a call at (318) 459-9111.

The Louisiana Legislature is, once again, in session, and has been busy passing new legislation that impacts all aspects of Louisianan’s lives. Of specific interest to us over the next few weeks are the changes they have made to various criminal offenses and procedures.

The legislature has passed another article in an attempt to make expungements easier to obtain. Louisiana Code of Criminal Procedure Article 999 establishes the grounds for an “expedited expungement”:

A. A person shall be entitled to the expedited expungement of his arrest, at no cost to him, if he meets all of the following:

(1) He is seventeen years of age when he is arrested or charged with any criminal offense as provided in Title 14 or 40 of the Louisiana Revised Statutes of 1950.

(2) The district attorney, for any reason, declined to prosecute all offenses arising out of that arrest, including the reason that the person successfully completed a pretrial diversion program.

(3) Prosecution was instituted an dusk proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.

La. C.Cr.P. Art. 999.

The Legislature also amended Article 978 to clarify that, in order to expunge a felony, the applicant must have no convictions for the 10 years immediately preceding the motion for expungement. This does not change the law, but merely clarifies language that was somewhat confusing before.

Finally, the Legislature has repealed the provisions of Code of Criminal Procedure Article 234 which prohibited the publication of booking photographs.

The Louisiana Legislature is, once again, in session, and has been busy passing new legislation that impacts all aspects of Louisianan’s lives. Of specific interest to us over the next few weeks are the changes they have made to various criminal offenses and procedures.

In 2015, the Louisiana Legislsature established the offense of Nonconsensual Disclosure of Private Images, which prohibited the disclosure of images exposing the intimate parts of another person by a person who obtained those images with the intent to cause emotional distress and the knowledge that such disclosure would be likely to cause that distress. La. R.S. 14:283.2(A).

The statute was amended three times this year to add and delete language. Act Number 165 removed the requirement that the images depict an individual over the age of 17 years. That Bill (and Act Number 11) amend the language of Subsection (A)(1) to amend the types of images covered by the statute. The statute now includes images in which the person’s “intimate parts are exposed” or “who is engaged in sexual conduct[/performance].” La. R.S. 14:283.2(A)(1). “Sexual conduct[/performance]” is defined as “actual or simulated vaginal, anal, or oral sexual intercourse, deviant sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or exhibition of the genitals.” La. R.S. 14:283.2(C)(5). Finally, Act Number 431 adds a method by which the person disclosing the images may be prosecuted:

A. A person commits the offense of nonconsensual disclosure of a private image when all of the following occur…(2) The person who discloses the image obtained it through unauthorized access or under circumstances in which a reasonable person would know or understand that the image was to remain private."

La. R.S. 14:283.2(A)(2). “Unauthorized access” is defined as “the retrieval of an image from an individual’s telecommunication device…without that individual’s permission.” La. R.S. 14:283.2(C)(5).

The Legislature also enacted La. R.S. 14:73.14 - Unlawful dissemination or sale of images of another created by artificial intelligence. This statute prohibits:

A. It shall be unlawful for any person, with the intent to coerce, harass, intimidate, or maliciously disseminate or sell any video or still image created by artificial intelligence that depicts another person who is totally nude or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, when the person disseminating the video or still image knows or has reason to know that he is not licensed or authorized to disseminate or sell such video or still image.

…

(C)

…

(2) “Artificial intelligence” means an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication or physical action.

…

D. Whoever violates the provisions of this Section shall be imprisoned for not more than six months, fined not more than seven hundred fifty dollars, or both.

La. R.S. 14:73.14.

If you or someone you know is facing criminal prosecution, give us a call at (318) 459-9111 to schedule a consultation.

The Louisiana Legislature is, once again, in session, and has been busy passing new legislation that impacts all aspects of Louisianan’s lives. Of specific interest to us over the next few weeks are the changes they have made to various criminal offenses and procedures.

This session, the legislature made multiple relatively small changes to firearms statutes, primarily to ensure that they are in keeping with its legislation during the special session removing permit requirements for concealed carrying.

The legislature added four locations to those areas where one can be charged with illegally carrying a firearm:

(i) A law enforcement office, station, or building.

(ii) A detention facility, prison, or jail.

(iii) A courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom.

(iv) The state capitol building.

La R.S. 14:95(A)(5).

In order to keep consistent with its earlier legislation regarding open carrying of concealed weapons, the legislature amended La. R.S. 40:1379.3 to prohibit a person carrying a concealed handgun from possessing one with a “blood alcohol content of .05 percent or greater by weight of alcohol in the blood, or when a blood test or urine test shows any confirmed presence of a controlled dangerous substance.” La. R.S. 40:1379.3(I)(1)

Effective August 1, 2024, the legislature removed burglary of a pharmacy from the list of offenses which impact an individual’s rights to possess a firearm under state law. La R.S. 14:95.1(A)(1). It is important to note that this change does not change any limitations to an individual’s right to possess a firearm under federal law.

It further prohibits juveniles who were 15 or 16 years old when adjudicated delinquent for one of the enumerated felonies in subsection (1). This prohibition is until the individual reaches the age of 22 unless the individual has been accepted into military service as a member of the United States Armed Forces. La. R.S. 14:95.1(2)(a) & (b).

It also amended the penalty for attempted possession of a firearm by a convicted felon to a minimum of 1 year and up to 7 1/2 years and established an increase in the sentence if the statute is violated while the individual is already on probation or parole to be served consecutively to the sentence for which he is on probation or parole. La. R.S. 14:95.1(B) & (B)(3).

Finally, the Legislature amended La. R.S. 40:1796 to limit any political subdivision from establishing any laws, policies, rules, taxes, etc…that are more restrictive than state laws relative to firearms.

If you or someone you know is facing gun charges, give us a call at (318) 459-9111 to schedule a consult.

The Louisiana Legislature is, once again, in session, and has been busy passing new legislation that impacts all aspects of Louisianan’s lives. Of specific interest to us over the next few weeks are the changes they have made to various criminal offenses and procedures.

Several additions have been made to Schedule I and Schedule IV.

Of particular note is an addition to Schedule I:

Unless specifically excepted or contained within a pharmaceutical product approved by the United State Food and Drug Administration, or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, or salts of isomers, whenever the existence of such salts, isomers, or salts of isomers is possible within the specific chemical designation: (1) Tianeptine.

La RS 40:964(G). Tianeptine has been the subject of warnings from the FDA for decades, but has just this term begun to be legislated against in Louisiana.

If you would like to schedule a consult to discuss your drug charges, give us a call at (318) 459-9111.

The Louisiana Legislature is, once again, in session, and has been busy passing new legislation that impacts all aspects of Louisianan’s lives. Of specific interest to us over the next few weeks are the changes they have made to various criminal offenses and procedures.

The legislature has amended the monetary instrument abuse statute in several ways to broaden its application and has added a penalty provision for a second or subsequent offense increasing the penalty to imprisonment, with or without hard labor, for a minimum of 1 year up to 10 years and a fine of up to $1 million. 14:72.2(C).

The legislature has also amended the theft statute to specifically address “porch pirates”:

If the offender in such cases commits the crime of theft of a package that has been delivered to an inhabited dwelling owned by another, he shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than two thousand dollars, or both."

La. R.S. 14:67(B)(4)(b). They have also added language to address a shoplifter who “commits an assault upon a store or merchant’s employee who is acting in the course and scope of his employment duties” to require that the first 15 days of any sentence must be served without benefit of probation, parole, or suspension of sentence.

The legislature has amended the Anti-Skimming statute to add microchip re-encoders and scanning devices as prohibited. La. R.S. 14:67.4

Simple burglary now prohibits “the unauthorized entering of any dwelling or other structure with the intent to temporarily or permanently deprive the owner, lessee, or tenant of full use of the dwelling or structure, or to temporarily or permanently assert any right of ownership or use of such property” and makes the offender liable “for any damage that has resulted from a violation” of this subsection. La. R.S. 14:62(A)(2) & (C).

Finally, the legislature has removed “the taking of, or the recruiting of another person who takes, anything of value from a retail establishment that is in the immediate control of a retail employee or employer when a person acts in concert with three or more individuals for the purpose of either overwhelming the response of an employer, an employee, or law enforcement to carry out the offense, avoid detection or apprehension, or create a reasonable belief that a reasonable person would not intercede beacause of fear” from the simple burglary statute and added it to the second degree robbery statute. La. R.S. 14:64.4(A)(2). A second or subsequent violation of the second degree robbery statute within 10 years of the first conviction now carries a minimum sentence of 5 years up to 40 years. La. R.S. 14:64.4(B)(2). If a firearm is involved in the offense, an additional 5 years without benefit of probation, parole, or suspension of sentence may be imposed, to be served consecutively to the underlying penalty. La. R.S. 14:64.4(B)(3).

If you or someone you know is facing criminal charges and would like to set up a consultation, give us a call at (318) 459-9111.

The Louisiana Legislature is, once again, in session, and has been busy passing new legislation that impacts all aspects of Louisianan’s lives. Of specific interest to us over the next few weeks are the changes they have made to various criminal offenses and procedures.

This week, I’d like to address the changes they’ve made to several theft statutes, including creating a new crime (at least under state law): “Mail Theft” and “Theft or unauthorized reproduction of a mail receptacle key or lock.”

Mail Theft can now be found in Title 14, at Subsection 67.6 and prohibits any of the following:

“(1) Removing mail from a mail depository or taking mail from a mail carrier with a postal service with an intent to steal.

(2) Obtaining custody of mail by fraud or deception with an intent to steal.

(3) Selling, receiving, possession, transferring, buying, or concealing mail obtained by acts described in Paragraphs (1) or (2) of this Subsection, while knowing or having reason to know the mail was obtained illegally.

La. R.S. 14:67.7(B). Mail is defined as “any letter, postal card, parcel, envelope, package, bag, or any other sealed article addressed to another, along with its contents.” Mail Depository is defined as “a mail box, letter box, or mail receptacle of a postal service, an officer of a postal service, or a vehicle of a postal service.”

Theft or unauthorized reproduction of of a mail receptacle key or lock is defined as any of the following:

(1) Stealing or obtaining by false pretense any key or lock adopted by a postal service for any box or other authorized receptacle for the deposit or delivery of mail.

(2) Knowingly and unlawfully making, forging, or counterfeiting any such key, or possessing any such key or lock adopted by a postal service that delivers mail with the intent to unlawfully or improperly use, sell, or otherwise dispose of the key or lock, or to cause the key or lock to be unlawfully or improperly used, sold, or otherwise disposed.

The penalties for either of these offenses is imprisonment with or without hard labor, for up to five years and/or a fine of up to $5,000. A second or subsequent conviction carries a penalty of imprisonment, with or without hard labor, for a minimum of 1 year up to 10 years and a fine of up to $20,000. Offenders will also be required to make restitution.

If you or someone you know is facing criminal prosecution and would like to schedule a consult. Give us a call at (318) 459-9111 to schedule a meeting.

The Louisiana Legislature met in a special session at the request of Governor Landry in February and passed several new laws impacting the criminal justice system.

Undoing an extensive number of changes made during the previous governor’s tenure, as of August 1, 2024, no defendant serving a sentence for an offense committed on or after August 1, 2024, is entitled to earn good time, with a limited number of exceptions:

• Individuals serving a sentence for a felony conviction (not a sex offense or an offense pursuant to a habitual offender prosecution) in parish prison or a department of corrections facility are eligible to earn up to 15% off their sentence. The balance of their sentence, upon release, must be served on “unsupervised parole”.

Louisiana Code of Criminal Procedure Article 893 has been amended to extend the maximum term of probation from three years to five years.

With regard to probation, many changes were made with regard to “technical” violations and administrative revocations, as well as the requirements for eligibility for technical violations. La C.Cr.P. Art. 900.

If you or someone you know is facing criminal prosecution and you would like to schedule a consult, give us a call at (318) 459-9111 to schedule a consultation.

The Louisiana Legislature met in a special session at the request of Governor Landry in February and passed several new laws impacting the criminal justice system.

The Louisiana Legislature enacted legislation that effectively does away with parole entirely in the State of Louisiana effective for offenses committed on or after August 1, 2024. (Note: there are a few exceptions for juveniles sentenced to life without parole and a few other limited circumstances.)

For offenses committed prior to August 1, 2024, the legislature has enacted legislation that makes individuals parole eligible after serving 25% of their sentences (unless the convictions were for crimes of violence, sex offense, or a fourth or subsequent felony conviction or unless the person is eligible at an earlier date based on another statute).

At the time of making a determination about eligibility for parole, the committee may make a determination as to whether the individual is eligible for administrative sanctions.

If you or someone you know is facing criminal prosecution and you would like to schedule a consult, give us a call at (318) 459-9111 to schedule a consultation.

The Louisiana Legislature met in a special session at the request of Governor Landry in February and passed several new laws impacting the criminal justice system.

Taking effect on July 1, 2024, the legislature has extended the conditions for which a driver who is arrested for driving while intoxicated must be required to install an ignition interlock in their vehicle.

The legislature increased the period of suspension for a first breath test with a result over a .08 from 90 days to 6 months (unless the arrested individual is under 21). An ignition interlock is now required for reinstatement and/or hardship qualifications for any refusal, whether a first or a fifth.

Finally, and probably most consequentially, the legislature now requires the Court to order for any DWI conviction that the defendant not drive a motor vehicle unless that vehicle has been equipped with a functioning ignition interlock device. For a first conviction, this requirement would be in place for 6 months. For a second conviction, this requirement would be in place for four years.

The one positive change to the DWI laws made by the legislature this term is that installations of ignition interlock devices for submissions or refusals to breath tests can now be given credit toward installations for convictions, which means an individual will not be required to install an ignition interlock device twice to meet the requirements of both statutes.

If you or someone you know is facing criminal prosecution for a DWI and you would like to schedule a consult, give us a call at (318) 459-9111 to schedule a consultation.

The Louisiana Legislature met in a special session at the request of Governor Landry in February and passed several new laws impacting the criminal justice system.

Taking effect on July 1, 2024, the legislature modified Louisiana Code of Criminal Procedure Article 320 requiring pretrial drug testing as a condition of bail. The statute now requires that every person arrested for a drug offense or crime of violence must be drug tested within 24 hours of booking and at random testing thereafter, if the initial test is positive. Also, if positive, the individual shall then be screened for eligibility for speciality courts (i.e.: drug court, veteran’s court, etc…). The statute limits disclosure of these records to anyone except the District Attorney, defense counsel, treatment professionals affiliated with the drug court program, and the court, but shall be inadmissible in court except for the purposes of determining eligibility for specialty court admission.

The legislature also amended and enacted Louisiana Code of Criminal Procedure Articles 893 and 904 regarding the procedures for admission to specialty courts in Louisiana.

If you or someone you know is facing criminal prosecution and you would like to schedule a consult, give us a call at (318) 459-9111 to schedule a consultation.

The Louisiana Legislature met in a special session at the request of Governor Landry in February and passed several new laws impacting the criminal justice system.

Effective on March 5, 2024, the Legislature extended the prescriptive period for sex offenses under limited circumstances. Louisiana Code of Criminal Procedure Article 572 now says:

[…] prosecutions for any sex offense may be commenced beyond the time limitations set forth in this Title if the identity of the offender is established after the expiration of such time limitation through the use of a DNA profile or newly discovered photographic or video evidence.

La. C.Cr.P. Art. 572. This change requires that the out-of-time prosecution be brought within 3 years of the date on which the offender’s is identified based on the newly discovered photographic or video evidence.

If you or someone you know is facing criminal prosecution and you would like to schedule a consult, give us a call at (318) 459-9111 to schedule a consultation.

Article 4, Section 5, Subsection (E of the Louisiana Constitution grants the Governor of the State of Louisiana the following powers:

(E) Pardon, Commutation, Reprieve, and Remission; Board of Pardons.

(1) The governor may grant reprieves to persons convicted of offenses against the state and, upon favorable recommendation of the Board of Pardons,1 may commute sentences, pardon those convicted of offenses against the state, and remit fines and forfeitures imposed for such offenses. However, a first offender convicted of a non-violent crime, or convicted of aggravated battery, second degree battery, aggravated assault, mingling harmful substances, aggravated criminal damage to property, purse snatching, extortion, or illegal use of weapons or dangerous instrumentalities never previously convicted of a felony shall be pardoned automatically upon completion of his sentence, without a recommendation of the Board of Pardons and without action by the governor.

(emphasis added).

This section of the Louisiana Constitution grants those never before convicted of a felony to automatically receive a “first offender pardon” under several circumstances:

(1) If they are convicted of a “non-violent crime”

Crimes of violence are defined in Louisiana Revised Statutes §14:2 as: “an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon.”

La. R.S. 14:2 further gives an enumerated list of crimes the legislature defines as “crimes of violence”:

(1) Solicitation for murder.

(2) First degree murder.

(3) Second degree murder.

(4) Manslaughter.

(5) Aggravated battery.

(6) Second degree battery.

(7) Aggravated assault.

(8) Aggravated kidnapping of a child.

(9) Aggravated or first degree rape.

(10) Forcible or second degree rape.

(11) Simple or third degree rape.

(12) Sexual battery.

(13) Second degree sexual battery.

(14) Intentional exposure to AIDS virus.

(15) Aggravated kidnapping.

(16) Second degree kidnapping.

(17) Simple kidnapping.

(18) Aggravated arson.

(19) Aggravated criminal damage to property.

(20) Aggravated burglary.

(21) Armed robbery.

(22) First degree robbery.

(23) Simple robbery.

(24) Purse snatching.

(25) False imprisonment; offender armed with dangerous weapon.

(26) Assault by drive-by shooting.

(27) Aggravated crime against nature.

(28) Carjacking.

(29) Molestation of a juvenile or a person with a physical or mental disability.

(30) Terrorism.

(31) Aggravated second degree battery.

(32) Aggravated assault upon a peace officer.

(33) Aggravated assault with a firearm.

(34) Armed robbery; use of firearm; additional penalty.

(35) Second degree robbery.

(36) Disarming of a peace officer.

(37) Stalking.

(38) Second degree cruelty to juveniles.

(39) Aggravated flight from an officer.

(40) Sexual battery of persons with infirmities.

(41) Battery of a police officer.

(42) Trafficking of children for sexual purposes.

(43) Human trafficking.

(44) Home invasion.

(45) Domestic abuse aggravated assault.

(46) Vehicular homicide, when the operator's blood alcohol concentration exceeds 0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood.

(47) Aggravated assault upon a dating partner.

(48) Domestic abuse battery punishable under R.S. 14:35.3(L), (M)(2), (N), (O), or (P).

(49) Battery of a dating partner punishable under R.S. 14:34.9(L), (M)(2), (N), (O), or (P).

(50) Violation of a protective order punishable under R.S. 14:79(C).

(51) Criminal abortion.

(52) First degree feticide.

(53) Second degree feticide.

(54) Third degree feticide.

(55) Aggravated abortion by dismemberment.

(56) Battery of emergency room personnel, emergency services personnel, or a healthcare professional.

(57) Possession of a firearm or carrying of a concealed weapon by a person convicted of certain felonies in violation of R.S. 14:95.1(D).

(58) Distribution of fentanyl or carfentanil punishable under R.S. 40:967(B)(4)(b).

(59) Distribution of heroin punishable under R.S. 40:966(B)(3)(b).

La R.S. 14:2(B). All individuals convicted of the crimes listed above will not receive a first offender pardon unless:

(2) They are convicted of “aggravated battery, second degree battery, aggravated assault, mingling harmful substances, aggravated criminal damage to property, purse snatching, extortion, or illegal use of weapons or dangerous instrumentalities” because the legislature explicitly excluded these offense and allows for first offender pardons for these convictions.

A First Offender Pardon is not like a Pardon with restoration of gun rights signed by the Governor because it does not restore an individual’s right to possess a firearm under either State or Federal law. Nor does it impact that person’s right to vote as voting rights are restored for all felons immediately upon completion of their sentence as of other legislation that was passed several years ago.

At this point, the only effect a first offender pardon appears to have is that it allows an individual to file for an expungement of a felony conviction immediately upon receiving his pardon, rather than having to wait 10 years to establish a clean record as would otherwise by required by Louisiana Code of Criminal Procedure Article 978.

If you or someone you know has received a first offender pardon and would like to know if you are eligible for an expungement, give us a call at (318) 459-9111 to set up a consult.

There are several offenses that criminalize physical violence committed in intimate or family relationships: Domestic Abuse Battery, Battery of a Dating Partner, Domestic Abuse Aggravated Assault, and Aggravated Assault Upon a Dating Partner.

Domestic abuse battery

Domestic abuse battery “is the intentional use of force or violence committed by one household member or family member upon the person of another household member or family member.” La. R.S. 14:35.3(A).

“Family member” and “household member” are specifically defined in the same statute. “‘Family member’ means spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, foster children, other ascendants, and other descendants. ‘Family member’ also means the other parent or foster parent of any child or foster child of the offender.” La. R.S. 14:35.3(B)(4). “‘Household member’ means any person presently or formerly living in the same residence with the offender and who is involved or has been involved in a sexual or intimate relationship with the offender, or any child presently or formerly living in the same residence with the offender, or any child of the offender regardless of where the child resides.” La. R.S. 14:35.3(B)(5).

Each of these offenses is enhanceable. Multiple convictions increase the penalty. A first offense carries a fine of not less than $300 nor more than $1,000 and imprisonment for not less than 30 days nor more than 6 months. At least 48 hours of the jail sentence will be without parole, probation, or suspension of sentence. The balance of the sentence cannot be suspended unless the defendant is placed on supervised probation and ordered to complete a court-approved domestic abuse intervention program and perform 64 hours of community service. The court shall also order that the defendant not own or possess a firearm while on probation. La. R.S. 14:35.3(C).

A second offense increases the fine to a minimum of $750 and the minimum jail sentence to 60 days. 14 days of the sentence must be without parole, probation, or suspension of sentence. The balance may be suspended if the defendant is ordered to complete a domestic abuse intervention program and perform 240 hours of community service. La. R.S. 14:35.3(D).

A third offense is a felony, which carries a penalty of imprisonment with or without hard labor for not less than 1 year nor more than 5 years and a fine of $2,000. The first year of the sentence must be without probation, parole, or suspension of sentence. A fourth or subsequent offense increases the mandatory minimum sentence to 10 years up to 30 years and a fine of $5,000. La. R.S. 14:35.3(E).

There are several other provision of La. R.S. 14:35.3 that increase or alter the penalty:

(1) “When the state proves, in addition to the [other] elements of the crime…that a minor child thirteen years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.'“ La. R.S. 14:35.3(I).

(2) If the victim is pregnant, and the defendant knew that the victim was pregnant at the time of the offense, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.” La. R.S. 14:35.3(K).

(3) If the battery involves strangulation, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.” La. R.S. 14:35.3(L).

(4) If the battery involves burning, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.” La. R.S. 14:35.3(M).

(5) If the offender intentionally inflicts serious bodily injury, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than eight years.” La. R.S. 14:35.3(N).

(6) If the offender uses a dangerous weapon, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than ten years.” La. R.S. 14:35.3(O).

(7) If the offender intentionally causes serious bodily injury with a dangerous weapon, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than fifteen years.” La. R.S. 14:35.3(P).

BATTERY OF A DATING PARTNER

Battery of a dating partner “is the intentional use of force or violence committed by one dating partner upon the person of another dating partner.” La. R.S. 14:35.9(A).

“‘Dating partner’ means any person who is involved or has been involved in a sexual or intimate relationship with the offender characterized by the expectation of affectionate involvement independent of financial considerations, regardless of whether the person presently lives or formerly lived in the same residence with the offender. ‘Dating partner’ shall not include a casual relationship or ordinary association between persons in a business or social context.” La. R.S. 14:35.9(B)(3).

Each of these offenses is enhanceable. Multiple convictions increase the penalty. A first offense carries a fine of not less than $300 nor more than $1,000 and imprisonment for not less than 30 days nor more than 6 months. At least 48 hours of the jail sentence will be without parole, probation, or suspension of sentence. The balance of the sentence cannot be suspended unless the defendant is placed on supervised probation and ordered to complete a court-approved domestic abuse intervention program and perform 64 hours of community service. The court shall also order that the defendant not own or possess a firearm while on probation. La. R.S. 14:35.9(C).

A second offense increases the fine to a minimum of $750 and the minimum jail sentence to 60 days. 14 days of the sentence must be without parole, probation, or suspension of sentence. The balance may be suspended if the defendant is ordered to complete a domestic abuse intervention program and perform 240 hours of community service. La. R.S. 14:35.9(D).

A third offense is a felony, which carries a penalty of imprisonment with or without hard labor for not less than 1 year nor more than 5 years and a fine of $2,000. The first year of the sentence must be without probation, parole, or suspension of sentence. A fourth or subsequent offense increases the mandatory minimum sentence to 10 years up to 30 years and a fine of $5,000. La. R.S. 14:35.9(E).

There are several other provision of La. R.S. 14:35.9 that increase or alter the penalty:

(1) “When the state proves, in addition to the [other] elements of the crime…that a minor child thirteen years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.'“ La. R.S. 14:35.9(I).

(2) If the victim is pregnant, and the defendant knew that the victim was pregnant at the time of the offense, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.” La. R.S. 14:35.9(K).

(3) If the battery involves strangulation, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.” La. R.S. 14:35.9(L).

(4) If the battery involves burning, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than three years.” La. R.S. 14:35.9(M).

(5) If the offender intentionally inflicts serious bodily injury, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than eight years.” La. R.S. 14:35.9(N).

(6) If the offender uses a dangerous weapon, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than ten years.” La. R.S. 14:35.9(O).

(7) If the offender intentionally causes serious bodily injury with a dangerous weapon, “the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than fifteen years.” La. R.S. 14:35.9(P).

DOMESTIC ABUSE AGGRAVATED ASSAULT

Domestic abuse aggravated assault is an assault with a dangerous weapon committed by one household member or family member upon another household member or family member. La. R.S. 14:37.7A.

Assault is defined in La. R.S. 14:36 as an “attempt to commit a battery; or the intentional placing of another in reasonable apprehension of receiving a battery.”

“Family member” and “household member” are defined the same way as they are in La. R.S. 14:35.3. The penalty for domestic abuse aggravated assault is imprisonment at hard labor for not less than 1 year nor more than 5 years and a fine of not more than $5,000. La. R.S. 14:37.7B(1), B(2), & C.

If a child 13 years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the mandatory minimum sentence is 2 years at hard labor without benefit of probation, parole, or suspension of sentence. La. R.S. 14:37.7D.

AGGRAVATED ASSAULT UPON A DATING PARTNER

Aggravated assault upon a dating partner “is an assault with a dangerous weapon committed by one dating partner upon another dating partner.” La. R.S. 14:34.9.1A.

“Dating partner” is defined in this statute the same way it is defined in battery of a dating partner. The penalty for this offense is imprisonment at hard labor for not less than 1 year nor more than 5 years and a fine of not more than $5,000. La. R.S. 14:34.9.1B & C.

If a child 13 years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the mandatory minimum sentence is 2 years at hard labor without benefit of probation, parole, or suspension of sentence. La. R.S. 14:34.91.1D.

If you or someone you know is facing charges related to domestic violence, give us a call at (318) 459-9111 to schedule a consultation.