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.

Today we take some inspiration from Dr. King.

Since it is the new year, we always like to take this time when people are thinking about “new year, new me,” to talk about expungements.

An expungement, in Louisiana, is a process by which an individual with an arrest on his record may, under certain circumstances, remove that arrest record from public view on his rap sheet. It is important to note that in Louisiana an expungement does not make it like the arrest never happened. The arrest record can still be seen by law enforcement and the court system (and therefore, if the person was convicted, can be used against them as a predicate offense for purposes of multiple offender sentencing, for example) and there are many state agencies which are exempt from the expungement order and will still be able to see the record (the Louisiana State Bar Association, Louisiana State Nursing & Medical Boards, and Insurance Board, just to name a few).

There are three types of arrest records that may be eligible for expungement:

1. An arrest that did not result in a conviction

2. An arrest that resulted in a misdemeanor conviction.

3. An arrest that resulted in a felony conviction.

Each has slightly different rules and regulations:

An Arrest That Did Not Result in a Conviction:

"A. A person may file a motion to expunge a record of his arrest for a felony or misdemeanor offense that did not result in a conviction if any of the following apply:

(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) The person was judicially determined to be factually innocent and entitled to compensation for a wrongful conviction pursuant to the provisions of R.S. 15:572.8. The person may seek to have the arrest and conviction which formed the basis for the wrongful conviction expunged without the limitations or time delays imposed by the provisions of this Article or any other provision of law to the contrary."

La CCrP ART. 976.

An Arrest That Resulted in a Conviction of a Misdemeanor:

A. A person may file a motion to expunge his record of arrest and conviction of a misdemeanor offense if either of the following apply:

(1) The conviction was set aside and the prosecution was dismissed pursuant to Article 894(B) of this Code.

(2) More than five years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole, and the person has not been convicted of any felony offense during the five-year period, and has no felony charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that to his knowledge the applicant has no felony convictions during the five-year period and no pending felony charges under a bill of information or indictment.

La CCrP Art. 977(A). However, there are some exceptions to the above rules: Expungements of convictions arising from circumstances involving or as the result of an arrest for a sex offense and convictions for domestic abuse battery and stalking are not eligible for expungement under any circumstances. La CCrP Art. 977(C).

An Arrest That Resulted in a Felony Conviction

A. Except as provided in Paragraph B of this Article, a person may file a motion to expunge his record of arrest and conviction of a felony offense if any of the following apply:

(1) The conviction was set aside and the prosecution was dismissed pursuant to Article 893(E).

(2) More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction, and the person has not been convicted of any other criminal offense during the ten-year period, and has no criminal charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that, to his knowledge, the applicant has no convictions during the ten-year period and no pending charges under a bill of information or indictment.

(3) The person is entitled to a first offender pardon for the offense pursuant to Article IV, Section 5(E)(1) of the Constitution of Louisiana, provided that the offense is not defined as a crime of violence pursuant to R.S. 14:2(B) or a sex offense pursuant to R.S. 15:541.

La CCrP Art. 978(A). Just as in the case of misdemeanor convictions, there are exceptions to these eligibility requirements, as well:

• Crimes of violence, unless an exception to this exception applies (yes, I know. I’ll get to that.)

• A sex offense or crime against a victim who is a minor as defined in the sex offender registry statute.

• Violations of the Uniform Controlled Dangerous Substances Law, except: simple possession, possession with intent to distribute, if the possible term of imprisonment is less than five years, if the person was sentenced pursuant to Article 893, or if the person is eligible for a first offender pardon for the offense.

• Domestic abuse battery.

La CCrP Art. 978(B). The crimes of violence exception (the first bullet point above) allows for the expungement of only the following crimes of violence: aggravated battery, second degree battery, aggravated criminal damage to property, simple robbery, purse snatching, or illegal use of weapons or dangerous instrumentalities; if all of the following conditions are also met:

(a) More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction.

(b) The person has not been convicted of any other criminal offense during the ten-year period.

(c) The person has no criminal charge pending against him.

La CCrP Art. 978(E)(1).

If you are interested in seeing if you are eligible for an expungement, give us a call at (318) 459-9111 to schedule a consult.

We wish you a happy and safe 2023!

Sarah and Katherine wish all our friends, family, clients (past, present, and future), and colleagues, a wonderful holiday season and the happiest of holidays!

Or…do you have to give a breath sample when you’re pulled over for DWI?

The short answer: Yes and no.

Louisiana Revised Statutes §32:661 states: "Any person, regardless of age, who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent, subject to the provisions of R.S. 32:662, to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood, and the presence of any abused substance or controlled dangerous substance as set forth in R.S. 40:964 in his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while believed to be under the influence of alcoholic beverages or any abused substance or controlled dangerous substance as set forth in R.S. 40:964." La. R.S. § 32:661(A)(1).

The rest of this statute contains the requirements a law enforcement officer must meet (including advising an arrestee of the consequences of submitting to or refusing the requested chemical test for intoxication) in order for the subsequent test to be admissible in court and also for that test to be used to suspend the arrestee’s driver’s license.

In Louisiana, if a person under arrest for DWI who is asked to submit to a chemical test refuses to provide one, her driver’s license will be suspended. For the first refusal, her license will be suspended for 365 days. For the second or subsequent refusal (within 10 years of each other), her license will be suspended for 730 days.

If a person submits to a chemical test and the result is below .08 (for a person 21 years or older) or below .02 (for a person under 21 years old), his license will not be suspended.

If a person 21 years old or older submits to a chemical test for the first time and the result is over .08, depending on the additional circumstances (whether this was a first, second, or subsequent submission to a chemical test within 10 years; whether the results were above .08 or above .20; etc…), his license will be suspended for a period ranging from 90 days to 4 years, depending on the circumstances. (The DMV puts all of their regulations online here and the specific regulation governing chemical tests can be found here.)

Also, any test results that comply with the procedural requirements laid out in Louisiana Revised Statutes, Title 32, Chapter 3, Part XIV, are admissible in court and many allow the State a presumption that the driver whose test results they are was intoxicated at the time she was driving.

The longer answer to the question posed above, then, is that, no, you do not have to give a breath sample when you are arrested for driving while intoxicated; however, there may be serious consequences to your driving privileges if you do not. That said, if you do give a breath sample, there may be serious criminal consequences and consequences to your driving privileges if the results are above the legal limit.

If you or someone you know has been arrested for driving while intoxicated and you would like to schedule a consult, please give us a call at (318) 459-9111.

Since it is the season for holiday parties, it seemed prudent to remind you all that DWI Checkpoints are legal in Louisiana and have been determined to be so by the Louisiana Supreme Court since 2000. In State v. Jackson, 2000-0015 (La. 7/6/00); 764 So.2d 64, the Louisiana Supreme Court found that DWI checkpoints could satisfy the limitations of the Louisiana constitution if they met certain requirements:

[W]e set forth the following guidelines for evaluating whether the checkpoint's intrusiveness will withstand constitutional muster under the Fourth Amendment and Louisiana's Article I, § 5:17

(1) the location, time and duration of a checkpoint, and other regulations for operation of the checkpoint, preferably in written form, established by supervisory or other administrative personnel rather than the field officers implementing the checkpoint;

(2) advance warning to the approaching motorist with signs, flares and other indications to warn of the impending stop in a safe manner and to provide notice of its official nature as a police checkpoint;

(3) detention of the motorist for a minimal length of time; and

(4) use of a systematic nonrandom criteria for stopping motorists.

In evaluating a checkpoint under this test, the guiding principle must be that the procedures utilized curtail the unbridled discretion of the officer in the field. Prouse, 440 U.S. at 662, 99 S.Ct. 1391; **12 Brown, 443 U.S. at 51, 99 S.Ct. 2637.

State v. Jackson, 2000-0015 (La. 7/6/00, 11–12); 764 So.2d 64, 72–73.

Subsequently, the Louisiana Fourth Circuit Court of Appeal held that the act of attempting to avoid a checkpoint was sufficient to establish reasonable suspicion to detain a driver and conduct further investigation.

If you are out celebrating the holidays with friends and loved ones, please drive carefully and safely.

And if you would like to set up a consult, give us a call at (318) 459-9111.

On two upcoming elections, the Louisiana Legislature has two proposed amendments to the state constitution on the ballot:

On November 8, 2022, the following amendment to Article I, Section 3 of the Louisiana Constitution will be on the ballot:

§3. Right to Individual Dignity

Section 3. (A) No person shall be denied the equal protection of the laws. No law shall discriminate against a person because of race or religious ideas, beliefs, or affiliations. No law shall arbitrarily, capriciously, or unreasonably discriminate against a person because of birth, age, sex, culture, physical condition, or political ideas or affiliations.

(B)(1) Slavery and involuntary servitude are prohibited, except in the latter case as punishment for crime.

(2) Subparagraph (1) of this Paragraph does not apply to the otherwise lawful administration of criminal justice.

The amendment would remove “except in the latter case as punishment for crime” and add Paragraph (2).

On the ballot, the language presented to the electorate will read: “Do you support an amendment to prohibit the use of involuntary servitude except as it applies to the otherwise lawful administration of criminal justice?”

On December 10, 2022, the following amendment to Article I, Section 10 of the Louisiana Constitution will be on the ballot:

§10. Right to Vote; Disqualification from Seeking or Holding an Elective Office

Section 10. Right to Vote. (1) Every person who is both a citizen of the state and of the United States, upon reaching eighteen years of age, shall have the right to register and vote, except that this right may be suspended for a person who is interdicted and judicially declared mentally incompetent or who is under an order of imprisonment for condition of a felony.

(2) No person who is not a citizen of the United States shall be allowed to register and vote in this state.

On the ballot, the language presented to the electorate will read: “Do you support an amendment to provide that no person who is not a citizen of the United States shall be allowed to register and vote in this state?”

If you or someone you know has pending criminal charges and questions about your right to vote in Louisiana, give us a call at (318) 459-9111 to set up a consultation.

In August 2022, the Legislature added several crimes to those already contained in Louisiana Revised Statutes Title 14, §2, defined as “crimes of violence.” These additions are relevant because designating an offense as a “crime of violence” has implications for a person’s sentence, eligibility for a first offender pardon, ability to expunge his conviction, and many other aspects of the criminal justice system.

Specifically, Act 173 now includes aggravated kidnapping of a child, molestation of a juvenile or a person with a physical or mental disability, and sexual battery of persons with infirmities. La. R.S. 14:2(B). It further clarifies the definitions of “sexual intercourse” for purposes of the definition of “rape.” It also adds a rape committed when engaged in “burglary offenses” a first degree rape pursuant to Louisiana Revised Statutes Title 14, §42. Finally, it adds the language “directly or through clothing,” to both the second degree sexual battery and sexual battery statutes.

Act 75 adds the language “where the violation involves the offender going to the residence or household, school, or place of employment of the person for whose benefit the protective order is in effect while in possession of a firearm” to subsection (C)(1) of Louisiana Revised Statutes Title 14, §79 - Violation of a protective order and makes that behavior a felony. It further defines that behavior as a “crime of violence” pursuant to Louisiana Revised Statutes Title 14, §2.

Finally, Act 129 adds “patient transporter, dietary worker, patient access representative, security personnel, patient relations advocate, or any other person who otherwise assists in or supports the performance of healthcare services,” to those defined as “healthcare professionals” for purposes of the criminal prohibition against "Battery of emergency room personnel, emergency services personnel, or a healthcare professional. La R.S. 14:34.8(B)(3). It also makes the charge enhanceable for second or subsequent offenses and makes it a crime of violence pursuant to Louisiana Revised Statutes Title 14, §2. La. R.S. 14:34.8(C)(1)(b).

This Act also creates the offense of “assault on emergency room personnel, emergency services personnel, or a healthcare professional” which prohibits assaults on the named group of people. La. R.S. 14:38.5(A)(1). It also creates the offense of “Unlawful disruption of the operation of a healthcare facility” which prohibits “the intentional communication of information that the commission of a crime of violence is imminent or in progress, or that a circumstance dangerous to human life exists or is about to exist, when committed under any one or more of the following circumstances:”

“(1) When the offender’s actions cause emergency room personnel, emergency services personnel, or healthcare professionals. at a healthcare facility to be in sustained fear for their safety and a reasonable person would have known that his actions could cause sustained fear.

(2) When the offenders actions cause the evacuation of a healthcare facility and a reasonable person would have known that his actions could cause an evacuation.

(3) When the offender’s actions cause any other serious disruption to the operation of a healthcare facility and a reasonable person would have known that such actions could cause serious disruption to the operation of a healthcare facility.”

La. R.S. 14:40.9(A).

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

Gilmer & Giglio are in trial this week. If you contact our office, leave a message, and we will return your call as quickly as possible. We appreciate your patience!

As of August 1, 2022, if an individual fails to pay a traffic citation or fails to appear for his court appearance, the DMV will no longer suspend his license immediately. Louisiana Revised Statutes 32:57.1 now requires that the DMV notify the individual via regular mail and “any available electronic communication” that “if he fails to honor the written promise to appear or pay an appropriate fine for the offense within one hundred eighty days after the date the notice was received,” that his license may be suspended. The Department is also required to notify the individual again no later than one hundred twenty days after the Department receives notice of the failure to appear. La. R.S. 32:57.1(A).

This statute increases the reinstatement fee for a suspended driver’s license to $100 from $50 once the suspension has gone into effect. La R.S. 43:57.1(B).

The statute further allows that if the individual failed to appear due to incarceration, his license shall be immediately reinstated without payment of any reinstatement fee. La R.S. 32:57.1(D).

If you or someone you know is dealing with unpaid traffic tickets or a driver’s license suspension, call us at 318-459-9111 to schedule a consultation.

Gilmer & Giglio are in trial this week. If you contact our office, leave a message, and we will return your call as quickly as possible. We appreciate your patience!

Gilmer & Giglio are in trial this week. If you contact our office, leave a message, and we will return your call as quickly as possible. We appreciate your patience!

The legislature in its most recent session made two changes to Louisiana Revised Statutes Title 14, §64.2 - Carjacking.

The first change increases the penalty for carjacking when the offense results in serious bodily injury. The penalty, if convicted, is imprisonment at hard labor for not less than 10 years nor more than 20 years without benefit of parole, probation, or suspension of sentence. La. R.S. 14:64.2(B)(2).

The second change creates the offense of Carjacking, recruitment of juveniles - Louisiana Revised Statutes title 14, §64.2.1, which prohibits:

“any person over the age of seventeen to intentionally recruit, entice, aid, solicit, or encourage any child under the age of eighteen to commit the offense of carjacking as defined in R.S. 14:64.2.”

La. R.S. 14:64.2.1(A). The penalty for violating this statute is imprisonment at hard labor for not less than five nor more than 20 years without benefit of probation, parole, or suspension of sentence. La. R.S. 14:64.2(B).

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

Effective August 1, 2022, the Louisiana Legislature amended Louisiana Revised Statutes Title 40, §1021 to exclude from the definition of “drug paraphernalia” the following:

• “rapid fentanyl test strips (FTS) or any testing equipment or devices solely used, intended for use, or designed to determine whether a substance contains fentanyl or its analogues.” (to be cited as “Gabby’s Law”) La. R.S. 40:1021(B)

• “any equipment or devices solely used or intended for use for the inhalation of raw or crude marijuana, tetrahydrocannabinols (sic), or a chemical derivative of tetrahydrocannabinols (sic) when the person is a patient of a state-sponsored medical marijuana program and possesses medical marijuana in a form permissible under R.S. 40:1046 for therapeutic use.” La. R.S. 40:1021(B).

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

We are closed for the Labor Day Holiday and wish you and your family a safe and happy long weekend!

During the 2022 Regular Legislative Session, the Louisiana Legislature made a few changes to various criminal offenses as well as a couple of additions.

The legislature amended the penalty provisions of Louisiana Revised Statutes Title 14, §56 - Simple criminal damage to property - to state that when the offense involves “damage to multiple properties by a number of distinct acts of the offender which are part of a continuous sequence of events, the aggregate amount of the damages shall determine the grade of the offense.” La. R.S. 14:56(C).

The legislature amended Louisiana Revised Statutes Title 14, §34.2 - Battery of a police officer and §108.2 - Resisting a police officer with force or violence - to include “juvenile detention facility officers” in its definition of “police officer.” La. R.S. 14:34.2

The legislature amended Louisiana Revised Statutes Title 14, §40.1 - Terrorizing - to add the crime of “Menacing.”

“Menacing is the intentional communication of information that the commission of a crime of violence, as defined in R.S. 14:2(B), is imminent or in progress or that a circumstance dangerous to human life exists or is about to exist, when committed under any of the following circumstances:

(a) the actions of the offender cause members of the general public to be in sustained fear for their safety, and a reasonable person would have known that such actions could cause such sustained fear.

(b) the actions of the offender cause the evacuation of a building, a public structure, or a facility of transportation, and a reasonable person would have known that such actions could cause an evacuation.

(c) The actions of the offender cause any other serious disruption to the general public, an a reasonable person would have known that such actions could cause serious disruption to the general public.”

La. R.S. 14:40.1(B)(1). The penalty for this offense is a fine of not more than $1,000 and/or imprisonment with or without hard labor for not more than 2 years. La. R.S. 14:40.1(B)(2).

The Louisiana Legislature also added Louisiana Revised Statutes Title 14, §67.12, which criminalizes the “Theft of a catalytic converter or engine control module.”

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

Effective August 1, 2022, the Louisiana Legislature amended several provisions of the Louisiana Children’s Code and the Code of Criminal Procedure to define a “child” as a person under the age of 18. These changes primarily impact the videotaping of statements of witnesses or victims in criminal cases.

This act also amended Louisiana Code of Criminal Procedure Article 571.1 to establish that the prescriptive period (time within which the case must be initiated) for the following offenses is 30 years when the victim is under the age of 18 and does not begin to run until the victim reaches the age of 18:

• attempted first degree rape,

• attempted second degree rape,

• sexual battery,

• second degree sexual battery,

• oral sexual battery,

• human trafficking,

• trafficking of children for sexual purposes,

• felony carnal knowledge of a juvenile,

• indecent behavior with juveniles,

• pornography involving juveniles,

• molestation of a juvenile or a person with a physical or mental disability,

• prostitution of persons under eighteen,

• enticing persons into prostitution,

• crime against nature,

• aggravated crime against nature, and

• crime against nature by solicitation.

La. C.Cr.P. Art. 571.1.

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

Effective August 1, 2022, the Louisiana Legislature made it an affirmative duty of law enforcement to fingerprint those arrested for Driving While Intoxicated.

"It shall be the duty of the sheriff of every parish, the chief of police of each municipality, and every chief officer of every other law enforcement agency operating within this state to record the fingerprints of all persons arrested for any offense involving the operation of a vehicle while intoxicated, including local ordinances pertaining to operating a motor vehicle while intoxicated.”

La. R.S. 15:545(A)(3).

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

Effective August 1, 2022, the Louisiana Legislature made some changes to the drug laws.

With regard to marijuana, the legislature enacted Louisiana Code of Criminal Procedure Article 162.4 to state explicitly that the mere odor of marijuana is insufficient to provide probable cause for the search of a person’s home without a warrant. La. C.Cr.P. Art. 162.4

The legislature further enacted La. R.S. 32:300.4.1 which prohibits the smoking or vaping of marijuana in a motor vehicle. The fine for violating this statute is $100. The statute further prohibits officers from using this offense as the primary basis for a traffic stop, and establishes it as a non-moving violation which shall not be reported on a person’s driving record. La. R.S. 32:300.4.1.

The Legislature also re-categorized several controlled substances on the drug schedules, notably moving fentanyl to Schedule I. La. R.S. 40:964.

Finally, the Legislature amended Louisiana Revised Statutes Title 14, §403.10 to provide immunity for prosecution for those seeking medical treatment for an individual believed to be suffering from an overdose for the offense of possession of drug paraphernalia. The change also prohibits individuals from seeking medical treatment for an individual suffering an overdose from violations of probation or parole or civil forfeiture of property.

If you or someone you know is facing prosecution for violations of the controlled dangerous substances laws, give us a call at (318) 459-9111 to schedule a consultation.