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Busted in a Prostitution Sting?

It’s probably one of the more embarrassing things to be arrested for, but at Gilmer & Giglio, we  are experienced attorneys who can help you navigate the difficulties of your situation. If you were a “John” in the sting, then you were likely arrested for soliciting for prostitutes, in violation of Louisiana Revised Statute 14:83, which makes it illegal to “solicit, invite, induce, direct, our transport a person to any place with the intent of promoting prostitution.” Currently, the punishment for violation of this statute is a fine of up to $500 dollars and imprisonment up to six months. Louisiana Revised Statute 14:82.2 is a similar crime—purchase of commercial sexual activities, which makes it illegal to “knowingly give, agree to give, or offer to give anything of value to another in order to engage in sexual intercourse with a person who receives or agrees to receive anything of value as compensation for such activity.” The punishment for this crime is also up to six months imprisonment and a fine of up to $500.

Effective August 1, 2018, a few changes will be made to both laws. The first is an increase in the possible fine on both crimes from $500 to $750. Additionally, the legislature is adding an enhancement for “second or subsequent offense” soliciting for prostitutes. The penalty for this crime will be a fine ranging from $1500 to $2000, imprisonment for not more than one year, or both. It will also be a requirement that anyone convicted of either of these crimes (even on a first conviction) will have to participate in an educational program “to educate the offender about the harms, exploitation, and negative effects of prostitution.” 

Depending on your job, there may also be employment consequences if you are arrested on these charges or something similar. If you need an attorney to help guide you through this process, call us at (318) 459-9111.

I’ve been arrested for DWI - What's Going to Happen to My Driver’s License?

In Louisiana, when a person is arrested for Driving While Intoxicated (DWI), his driver’s license will also be suspended in an administrative proceeding that is entirely separate from the criminal prosecution.

The first step in this process occurs during the arrest, itself. During the arrest, law enforcement will read a series of instructions and regulations to the arrested person advising him of his rights related to the breathalyzer.

The law at the time of this writing requires a person operating a motor vehicle on the public highways of Louisiana to submit to a chemical test of his blood, breath, or other bodily substance if an officer believes he is operating or “in actual physical control” of a motor vehicle and a law enforcement officer has “reasonable grounds to believe he is under the influence of alcohol beverages or “any abused substance or controlled dangerous substance.” (La. R.S. 32:661).

If the arrested person refuses to submit to testing or submits to testing and his results are above the legal limit of .08 (or .02 in the event the arrested person is under the age of 21), his driver’s license will be suspended for a period ranging from 90 days to 365 days. In order to reinstate his driver’s license after a DWI arrest, an arrested person usually must provide proof of additional auto insurance (SR-22) and install an ignition interlock device in any vehicle he operates. 

The arrested person has 30 days to appeal the suspension of his driver’s license. 

If you have been arrested for DWI and are concerned about the status of your driver’s license, please call us for a consult at (318) 459-9111.

I Fought the Law - Part One

We're doing something a little different this summer: once a month, we are posting a playlist of some music that is related to the work that we do or that inspires us to do the work that we do.

This playlist is Part One of our "I Fought the Law" series: songs describing criminal activity. Please enjoy (responsibly)!

Note: We do not advise engaging in the activity described in these songs, but if you do, contact us at 318-459-9111 for a consultation.

We don't recommend engaging in any of the activities described in these songs, but if you do, you know who to call. (No, not the ghostbusters.) In the meantime, enjoy this mix of some of our favorite crime-related (or crime-adjacent) music. Cover Art credit: Photo by Matthias Kinsella on Unsplash