On March 30, 2021, the Federal Bureau of Investigation (FBI) issued a Public Service Announcement advising the public of the criminal consequences of making and/or buying a fraudulent vaccination record.

Because the real vaccination cards carry the seal of the Center for Disease Control and Department of Health and Human Services, 18 USC 1017 criminalizes faking these cards or possessing fake cards:

Whoever fraudulently or wrongfully affixes or impresses the seal of any department or agency of the United States, to or upon any certificate, instrument, commission, document, or paper or with knowledge of its fraudulent character, with wrongful or fraudulent intent, uses, buys, procures, sells, or transfers to another any such certificate, instrument, commission, document, or paper, to which or upon which said seal has been so fraudulently affixed or impressed, shall be fined under this title or imprisoned not more than five years, or both.

18 USC 1017 - Government seals wrongfully used and instruments wrongfully sealed. Be careful and stay safe.

If you or someone you know needs a consult, give us a call at (3180 459-9111.

Happy Labor Day from Gilmer & Giglio!

Gilmer & Giglio will be closed for the Labor Day holiday. We will be back in the office on Tuesday, September 7. If you need us, give us a call at (318) 459-9111.

Did you know that Shreveport posts monthly crime statistics on the City’s website?

Shreveport posts a year-to-year comparison of crime statistics on their website at this link. Through the end of June 2021, there has been a 13% decrease in total crime from the same time period in 2020.

If you are interested in learning more about the crime statistics reported to the FBI by the Shreveport Police Department, check out the link above!

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

The Louisiana Legislature enacted a great number of new statutes and changes to the law during the 2021 Regular Session. For the next few weeks, we’ll be writing about some of the changes that might directly impact our clients in the future.

Effective August 1, 2021, the Louisiana Legislature has extended the time limitations on institution of prosecution in some cases. (In Louisiana, we call these prescriptive periods. In most other states, they are called statutes of limitations. They serve the same purpose everywhere: making it impossible for the offender to be prosecuted after a certain amount of time has passed.)

First, the Louisiana Legislature amended Louisiana Code of Criminal Procedure Article 573.1 to extend the time limitations in which to prosecute crimes against people with infirmities. The new law states that these time limitations do not begin to run until “the crime is discovered by a competent victim, or in the case of an incompetent victim, by a law enforcement officer.”

Secondly, the Legislature amended Code of Criminal Procedure Article 573 to state that the time limitations do not begin to run “until the relationship or status involved has ceased to exist” when the offense is a felony crime of violence (as defined in La. R.S. 14:2(B)) or the crime of cruelty to juveniles (as defined in R.S. 14:93) when the victim is under the age of 18, unless a longer period of limitation is established in another provision of law. It is not entirely clear exactly how this language will be interpreted because not all crimes of violence under La. R.S. 14:2 require a specific relationship between the victim and the offender. It is possible that the legislature intended this statute to suspend the running of all prescriptive periods until the victim reaches the age of 18 years old, but it is somewhat unclear from the specific phrasing of this language.

If you or someone you know has been charged with a criminal offense and has questions about the prescriptive periods, give us a call at (318) 459-9111 to set up a consult.

The Louisiana Legislature enacted a great number of new statutes and changes to the law during the 2021 Regular Session. For the next few weeks, we’ll be writing about some of the changes that might directly impact our clients in the future.

Effective August 1, 2021, the Louisiana Legislature has expanded the circumstances under which an officer shall be required to issue a summons rather than arrest someone charged with a misdemeanor and some felony offenses. The prior version of the law gave an officer permission to issue a summons instead of arresting an individual when the arrest was made without a warrant and for an offense which is a misdemeanor or felony charge of theft or illegal possession of stolen things with a value of more than $500 but less than $1,000, under certain circumstances. The change in the law now requires the officer to issue a summons rather than arrest the individual unless:

(a) The officer has reasonable grounds to believe that the person will not appear upon summons.

(b) The officer has no reasonable grounds to believe that the person will cause injury to himself or another or damage to property or will continue in the same or a similar offense unless immediately arrested and booked.

(c) There is no a necessity to book the person to comply with routine identification procedures.

(d) The officer has ascertained that the person has two or more prior criminal felony convictions.

Louisiana Code of Criminal Procedure Article 211(A)(1). The change further requires the officer to issue a summons rather than arrest the offender for the offense of issuing worthless checks in violation of La. R.S. 14:71 unless either of the following conditions exist:

(a) He has reasonable grounds to believe that the person will not appear upon summons.

(b) He has no reasonable grounds to believe that the person will cause injury to himself or another or damage to property unless immediately arrested.

La. CCrP. Art. 211(B)(1).

Additional changes to arrest procedure were made in La. R.S. 40:2405.9 and La. CCrP Art. 223. The first requires The Council on Peace Officer Standards and Training to develop guidelines for officers regarding how to deal with minor children of arrestees at the time of arrest. Article 223 establishes procedures that officers must follow to determine if a minor child will be affected by the arrestee’s arrest and require officers to:

• “Inquire whether the person is a parent or guardian of a minor or dependent child under the care, custody, or control of the arrested person at the time of the arrest, who may be at risk as a result of the arrest.”

• “Ascertain whether a child is present…”

• “Permit an arrested person a reasonable opportunity, including providing access to telephone numbers stored in a mobile telephone or other location, to make alternate arrangements for the care of a child under his care, custody, or control, including a child who is not present at the scene of the arrest…”

• “Provide an arrested person the opportunity to speak with a child who is present, prior to such caregiver being transported to a police facility” or, if not practical, having the police officer explain to the child “that the child did nothing wrong and will be safe and cared for.”

The statute also states that officers are not required to comply with the above requirements if the arrestee presents a physical threat to himself, the officers, or the child; if he has been arrested for a crime of violence (as defined by La. R.S. 14:2); or if the officer has exercised due diligence and ascertained that no minor child is under the arrestee’s care, custody, or control.

If you or someone you know has been arrested and would like to set up a consult, please give us a call at (318) 459-9111.

The Louisiana Legislature enacted a great number of new statutes and changes to the law during the 2021 Regular Session. For the next few weeks, we’ll be writing about some of the changes that might directly impact our clients in the future.

Effective August 1, 2021, the Legislature has now enacted a misdemeanor grade of obstruction of justice. Previously, the lowest penalty for obstruction of justice, even if the obstruction occurred in a misdemeanor case was a fine of not more than ten thousand dollars, imprisonment for not more than five years, with or without hard labor, or both. The change in this law now states:

involves any misdemeanor criminal proceeding that does not involve an intentional misdemeanor directly affecting the person, the offender shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.

If you or someone you know has been arrested for obstruction of justice, call us to set up a consult at (318) 459-9111

The Louisiana Legislature enacted a great number of new statutes and changes to the law during the 2021 Regular Session. For the next few weeks, we’ll be writing about some of the changes that might directly impact our clients in the future.

Effective August 1, 2021, the Louisiana Legislature has added language to Louisiana Revised Statutes 14:81.3, 81.4, and 283, adding additional offenses.

La. R.S. 14:81.3 now makes it a crime for an individual to use a third (adult) person to contact a juvenile (or person he reasonably believes to be a juvenile) “for the purpose of or with the intent to persuade, induce, entice, or coerce the person to engage or participate in sexual conduct or a crime of violence as defined in R.S. 14:2(B), or with the intent to engage or participate in sexual conduct in the presence of the person...”

La. R.S. 14:81.4 prohibits sexual conduct between educators and students when the student is over the age of 17 (but under the age of 21) and where there is more than a 4-year age difference between the educator and the student. The law previously only provided lewd or lascivious acts in the presence of the student. That language has now been expanded to include “virtual or physical” presence.

Finally, La. R.S. 14:283 now prohibits:

The manipulation of a victim who has not yet attained the age of seventeen or who is reasonably believed to have not yet attained the age of seventeen to use any camera, videotape, photo-optical, photo-electric, or any other image recording device or an unmanned aircraft system equipped with any camera, videotape, photo-optical, photo-electric, or any other image recording device to photograph, film, or videotape oneself to send to the person manipulating the victim for a lewd or lascivious purpose.

If you or someone you know has been impacted by the changes in these laws, give us a call at (3180 459-9111 to schedule a consult.

The Louisiana Legislature enacted a great number of new statutes and changes to the law during the 2021 Regular Session. For the next few weeks, we’ll be writing about some of the changes that might directly impact our clients in the future.

Effective August 1, 2021, the Louisiana Legislature made changes to both Articles 893 and 894 of the Louisiana Code of Criminal Procedure.

Article 893(B)(1) now allows for a suspended sentence in fourth or subsequent convictions of noncapital felonies with consent of the district attorney. Subsection (2) also allows for suspended sentences in third or subsequent DWI convictions under the following circumstances:

• The district attorney consents, and

• The court orders the defendant to participate in drug court, DWI or sobriety court, mental health court, Veterans court, re-entry court, spend 1 year in a facility which conforms with the requirements of the Judicial Agency Referral Facility Regulatory Act, or complete the Swift and Certain Probation Pilot Program.

Article 894(B)(2) has been modified to remove the limitation on dismissal and discharge pursuant to Article 894. Previously, the law only allowed a defendant to receive the benefit of Article 894 once every 5 years. This limitation no longer exists. The limitation of 10 years for DWI convictions remains in effect, however.

If you or someone you know is facing criminal charges and is concerned about how these changes may effect your case, please give us a call at (318) 459-9111 to set. up a consult.

The Louisiana Legislature enacted a great number of new statutes and changes to the law during the 2021 Regular Session. For the next few weeks, we’ll be writing about some of the changes that might directly impact our clients in the future.

Effective August 1, 2021, people with felony convictions will be newly able to serve on juries without first receiving a pardon from the Governor. Louisiana Code of Criminal Procedure Article 401(A) establishes the requirements for jury service. The change in the law allows individuals with felony convictions to serve on a jury if they are:

• not under indictment (meaning: without pending charges),

• not incarcerated,

• not on probation or parole, and

• if it has been more than 5 years since the latest of the above.

Essentially, once 5 years have passed from the last date an individual is incarcerated, on probation, on parole, or has pending charges (whichever is later), he is once again eligible for jury service.

The Louisiana Legislature enacted a great number of new statutes and changes to the law during the 2021 Regular Session. For the next few weeks, we’ll be writing about some of the changes that might directly impact our clients in the future.

Effective August 1, 2021, the Louisiana Legislature has repealed the defamation statute and its ancillary statutes.

The conduct that used to be prohibited by Louisiana R.S. 14:47 is:

Defamation is the malicious publication or expression in any manner, to anyone other than the party defamed, of anything which tends:

(1) To expose any person to hatred, contempt, or ridicule, or to deprive him of the benefit of public confidence or social intercourse; or

(2) To expose the memory of one deceased to hatred, contempt, or ridicule; or

(3) To injure any person, corporation, or association of persons in his or their business or occupation.

The Louisiana Legislature enacted a great number of new statutes and changes to the law during the 2021 Regular Session. For the next few weeks, we’ll be writing about some of the changes that might directly impact our clients in the future.

First up, the Legislature created Louisiana Revised Statutes 14:102.29 - “Unlawful possession, transfer, or manufacture of animal fighting paraphernalia.” This statute essentially prohibits the possession, sale, or creation of tools that could be used to engage in, promote, or facilitate animal fighting in violation of La. R.S. 14:102.1, .5, or .23 (or any other provision of law).

A. It shall be unlawful for any person to possess, purchase, sell, transfer, or manufacture animal fighting paraphernalia with the intent to engage in, promote, or facilitate animal fighting in violation of La. R.S. 14:102.1, 102.5, or 102.23, or any other provision of law.

B. For purposes of this Section, “animal fighting paraphernalia” means equipment, products, implements, or materials of any kind that are used, intended for use, or designed for use in the training, preparation, conditioning, or furtherance of animal fighting, and includes but is not limited to the following:

(1) Breaking sticks.

(2) Cat mills.

(3) Treadmills.

(4) Fighting pits.

(5) Spring poles.

(6) Unprescribed veterinary medicine.

(7) Veterinary treatment supplies.

(8)(a) Spurs, gaffs, knives, leather training spur covers, slashers, heels, or any other sharp implement designed to be attached in place of the natural spur of a cock or game fowl."

La. R.S. 14:102.29. The penalty for violation of this statute is a fine of not more than $500 and/or imprisonment for not more than 6 months.

If you or someone you know is accused of a violation of a criminal law and you would like to schedule a consult, give us a call at (318) 459-9111.

Happy Independence Day from Gilmer & Giglio! We hope you have a safe and joyful holiday weekend. If you need us, give us a call at (318) 459-9111.

Many grocery and big-box stores have added self-checkout terminals to their checkout lanes in the last few years. For those unfamiliar with the self-checkout lanes, the customer can enter a self-checkout, scan their own items, input their payment using whatever form of payment they choose, and bag their own items to leave the store. The convenience of the self-checkout is that the lines are often shorter and the social interaction is limited. The cons of the self-checkout are that the customer has just become an un-trained employee of the store in which they are shopping.

Since self-checkouts became ubiquitous in the area, we have seen an uptick in prosecutions for theft using self-checkout machines. Anyone using a self-checkout should know that there are somewhere between 1 and 1000 (I exaggerate…slightly) cameras pointed at each of the self-checkout machines and (usually) a store employee stationed at the exit of the self-checkout area to “assist” customers with the machinery, but also to monitor for any theft.

As The Atlantic wrote in 2018, there are any number of methods by which a person might attempt to steal using self-checkout that differs from the usual methods of shoplifting.

There’s also always the chance that a mistake made by a customer in good faith not scanning an item can result in an arrest for shoplifting. In Louisiana, in order to prove that a person is guilty of theft, the prosecutor must prove that the person took something of value with the intent to deprive the owner permanently of that thing. In order to prove that intent, the prosecution may use a couple of inferences:

“when the defendant:

(1) Intentionally conceals, on his person or otherwise, goods held for sale.

(2) Alters or transfers any price marking reflecting the actual retail price of the goods.

(3) Transfers goods from one container or package to another or places goods in any container, package, or wrapping in a manner to avoid detection.

(4) Willfully causes the cash register or other sales recording device to reflect less than the actual retail price of the goods.

(5) Removes any price marking with the intent to deceive the merchant as to the actual retail price of the goods.”

Louisiana Revised Statutes 14:67(D). Unfortunately, that subsection (3) is what often trips people up in the self-checkout. Once the customer has placed an item that he failed to scan (whether intentionally or not) in a shopping bag, the court may infer that he intended to permanently deprive the store of the item.

If you or someone you know has been charged with theft using a self-checkout, give us a call to set up a consult at (318) 459-9111.

Yes.

Driving While Intoxicated in Louisiana prohibits the 

operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:

1. The operator is under the influence of alcoholic beverages.

2. The operator’s blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.

3. The operator is under the influence of any controlled dangerous substances listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.

4. (i) The operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.
   …

5. (i) The operator is under the influence of one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.
   …

La. R.S. 14:98A(1). Further, if you are under the age of 21, it is illegal to operate a motor vehicle with a BAC of .02. La. R.S. 14:98.6.

What all of the above means is that, in order to prove a person is operating a vehicle while intoxicated, the State of Louisiana must prove: (1) that the person was operating a motor vehicle and (2) that the person was “under the influence” of alcoholic beverages. This can be done in a number of ways: via presumption if the driver submits to a breath test, blood test, or urine test, and the results show a BAC of .08 or above; or if the driver performs poorly on Standardized Field Sobriety Tests (SFSTs) and sufficient other evidence shows that the driver is under the influence of alcohol, controlled dangerous substances, or other drugs.

If you or someone you know has been arrested for Driving While Intoxicated or Underage Driving While Intoxicated, give us a call at (318) 459-9111 to set up a consult.

Sarah and Katherine want to take this Father’s Day to send love and gratitude to all of the fathers in our lives.

We have gotten questions from several people regarding the bill Governor John Bel Edwards just signed into law “decriminalizing” marijuana possession in Louisiana, so we thought we’d let y’all know what this law actually does.

Governor Edwards signed House Bill 652 (by Shreveport’s own Representative Cedric Glover) into law on Tuesday, June 15. The first thing we want our readers to know is that this law does not legalize marijuana possession, distribution, production, etc..in Louisiana. It is still a crime to do all of those things with regard to marijuana. (See Louisiana Revised Statutes 40:966.)

What this bill does do is change the penalty for possession of 14 grams (half an ounce) or less of marijuana from a fine and/or jail time to simply a fine of not more than $100. It does not matter whether this is a first offense or a 40th offense as long as the amount possessed is 14 grams or less. Possession of more than 14 grams of marijuana still carries the potential for jail time and is also still an enhanceable offense, meaning that for a third or higher offense, you could be charged with a felony.

Although many in the media and legislature are referring to this statute as “decriminalization,” we want our readers to be very aware that an arrest and conviction for possession of less than 14 grams of marijuana will still be considered a criminal conviction. This means that the arrest and conviction will still show up on your rap sheet unless you pay to have it expunged (assuming you are otherwise eligible to expunge it). It also means that you will have to disclose it on job applications, lease applications, etc.

Our readers also need to be aware that this legislation is only applicable to state law. Marijuana is still illegal in any quantity under federal law.

Finally, our readers should also know that this law will not go into effect until August 1, 2021, the standard effectiveness date of all legislation in Louisiana (unless another one is specifically enumerated). That means that, until August 1, if you are caught with less than 14 grams of marijuana, you still face jail time if convicted.

If you or someone you know is facing marijuana possession charges and has questions about how the new law will impact them, call us to set up a consult at (318) 459-9111.

LSU publishes multiple forms that allow you to look at traffic accident data beginning in 2015 and updated through the end of 2020. You can find the all of the various spreadsheets here, but the Traffic Information Overview is pictured below:

Overall, miles traveled and licensed drivers have increased in the last year, while the population remained stable. Crashes with injuries decreased by 10% between 2019 and 2020, but fatal crashes increased by almost the same percentage.

If you or someone you love has been injured in an automobile accident and you have questions about what to do next, contact us at (3180 459-9111 to set up a consult.

Our fees are set on a case-by-case basis. If you call to schedule a consult, we will usually not quote a fee until after we have met with you to discuss your case. This is because each case is different. We will normally handle civil cases on a contingent fee basis. This means that no attorney fees are due unless and until we receive a settlement or judgment in your case. In criminal cases, we charge flat fees or hourly rates depending on the nature of the case and the complexity of the litigation involved.

During our consults with our clients, we take the time to talk with them in detail about the facts of the case, their concerns about the case, what they can expect from the proceedings, and their ideal resolution of the case. At the conclusion of our consult, we quote and discuss fees with our clients.

If you are seeking an attorney for a criminal charge or a civil case, call us at (318) 459-9111 to set up a consult.

Yes, several. State courts have only the authority to handle crimes which are prohibited by their state laws. And only those crimes which occurred within their states and the smaller district divisions of the courts. For example, the First Judicial District Court in Caddo Parish can only handle cases where the crimes were committed in the State of Louisiana, and particularly only in the First Judicial District which encompasses the Parish of Caddo. State courts have no authority to handle federal crimes.
Federal courts have jurisdiction to handle only violations of federal law. Federal laws, because of some specific constitutional requirements, have limited jurisdiction over criminal acts that occurred in more than one state (i.e. drug trafficking across state lines) or which involve interstate commerce (i.e. wire fraud).

This is why some offenses which are crimes under state law are not crimes under federal law and why there are often additional interstate requirements for prosecutions in federal court.

Because some state and federal laws prohibit the same activity, you can sometimes be prosecuted in both state and federal court for the same (or very similar) conduct. For example, if you are charged with possession of controlled dangerous substances under state laws and, if the drugs were transported across state lines, you can be prosecuted under both state and federal law.

The double jeopardy clause in the Fifth Amendment of the United States Constitution states (in part): “…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…” however, because our system of government is one of dual sovereignty, we are citizens of the United States of America and also our State of residence. Each sovereign, the United States and the State of Louisiana, has the authority to prosecute the crimes committed within their jurisdiction, without being subject to double jeopardy restrictions for the actions of the other.

This means that if you are tried for a drug offense in state court and found not guilty, the State cannot retry your case again, but the federal court which has jurisdiction over that case can then prosecute you in the event that the circumstances of your arrest were in violation of a federal crime.

Court proceedings are also very different between state and federal court. In state court, you may have multiple court appearances while your case is pending. In federal court, you will make your initial appearance and most other proceedings, unless they are contested hearings, will be handled with conferences between the attorneys. Federal cases follow a strict scheduling order and tend to proceed more quickly than cases in state court tend to.

If you or someone you know is facing prosecution in state or federal court and you would like your questions answered, please call us to set up a consult: (318) 459-9111.