Arrested at St. Patrick’s Day Parade in Baton Rouge?

The St. Patrick’s Day Parade in Baton Rouge can be a very fun day for many. However, it can turn ugly quick as the day grows longer. The more drinking taking place, generally, the more criminal issues arise. Police patrol the Southdowns area arresting and ticketing citizens with various criminal charges, but mostly, drinking-related charges such as DWI and disturbing the peace by intoxication.

There are many provisions under disturbing the peace in Baton Rouge. For instance, an individual may be charged with disturbing the peace by intoxication, disturbing the peace by using profanity, disturbing the peace by fistic encounter…getting into a fight. Disturbing the peace is a misdemeanor according to Baton Rouge and Louisiana laws. However, it can tarnish your criminal record for potential employers to see.

When a fight occurs, the individual(s) may be arrested or receive a summons for simple battery if the officer feels that someone has received physical force. The battery can be a punch or even a slight push. The victim does not need to suffer serious injury for the defendant to go to jail for 6 months. If the victim gets knocked out or suffers serious injury, the charge becomes a second degree battery which is a felony. These are serious charges.

Sometimes an officer may write a summons or arrest someone for assault. A simple assault in Baton Rouge occurs when the defendant threatens the victim and the victim reasonably believes a battery will occur or the defendant attempted to hit the defendant, but did not. This type of assault in Louisiana and Baton Rouge is a misdemeanor that carries up to 6 months in jail.

DWI, driving while intoxicated, is also a common arrest after St. Patrick’s Day celebrations in Baton Rouge. First offense DWI is a misdemeanor. Recent law changes have made even DWI first offense a burdensome charge to have, resulting in license suspensions, community service, classes, and court dates. A DWI arrest in Baton Rouge should be taken very seriously to protect your future and minimize costs.

Other common charges at the St. Patrick Day Parade may include urinating in public, resisting an officer, obscenity, theft, hit and run, DWI, interfering with an officer, entering or remaining after being forbidden, criminal trespass, criminal damage to property, and many more.

Carl Barkemeyer is a criminal defense attorney in Baton Rouge that defends clients on all types of charges mentioned. Call him at (225) 964-6720 to discuss your case or click here for more information.

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Is a No Seat Belt Ticket a Moving Violation Louisiana?

The Louisiana state state for a no seatbelt violation is located at La. R.S. 32:295.1. The statute provides for a $25 fine plus court costs upon first offense and a $50 fine plus court costs upon second offense. The common concern an individual has upon receiving a No Seat Belt violation is whether or not it will cause his insurance premiums to rise.

Is No Seat Belt a moving violation in Louisiana? 

Yes, according to AAMVA, it is a moving violation. This is the source referred to to determine such status. However, La. R.S. 32:853 provides that the operating (driving) record of an individual shall NOT include citations requiring the use of a seatbelt. Therefore, a No Seat Belt violation should not appear on one’s driving record for their insurer to view. However, it is a moving violation for purposes of the DMV and license validation and suspension considerations.

This information is opinion only and not intended to be formal legal advice.

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How Will a DWI Affect Getting Into Graduate School?

As a DWI lawyer, I get asked this question frequently. College is a common period of time to catch a DWI or DUI.  One mistake as a young college student can jeopardize an entire future career. The consequences for a DWI first offense in Louisiana vary.

The impact that a DWI can have on graduate school admissions also varies. The most obvious consequence of a DWI is the impact on the criminal record. An arrest for DWI may lead to a conviction or no conviction. Therefore, a graduate school applicant may have on his/her criminal record an arrest for DWI and possibly a conviction for DWI. The process of removing the fact of the arrest and/or conviction from one’s criminal record is called an expungement. It is not automatic. A motion for an expungement must be filed after the case is over for the criminal record to be cleared.

The expungement process removes the record from public view. There are other listed agencies that may have access to it regardless of the expungement. Basically, you must know who is looking at your record to know what they will see. Nevertheless, the expungement process is the best way to clean up the criminal record.

Not every case is set up to be able to even file an expungement. The DWI must be handled appropriately to set up a possible expungement. It is recommended to speak with a criminal defense attorney who can advise you as to the best strategy for you.

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Misdemeanor Theft Value Raised to $750

The theft statute in Louisiana has been amended. It has raised the value of the alleged misappropriation to $750 for misdemeanors. That means that if the value of the stolen property is under $750, the charge should be a misdemeanor theft. Before the change, the value was $500. Years ago, it was $350.  Seems the law is keeping up with inflation.

If you need criminal defense attorney in Baton Rouge, Louisiana call (225) 964-6720.

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Expungement Laws Change Today

In Title XXXIV of the Louisiana Code of Criminal Procedure, Articles 971 — 986, the Louisiana expungement laws have undergone extensive amendments beginning today. The new expungement statute is It provides for more detailed provisions in an attempt to make the process more functional and homogenous throughout the various parishes in Louisiana.

If you need to clean up your criminal record, call an expungement attorney at (225) 964-6720.

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Air Bag Fraud Law Now Tougher

It is a crime in Louisiana to knowingly install or reinstall a counterfeit or nonfunctional air bag. Recent legislation has added the felony penalty provision if death or serious bodily injury occurs as a result of the faulty air bag. The penalty is up to one year in jail. It is also a felony to sell faulty air bags.  This is an attempt by legislators to protect the citizens of Louisiana by making those who illegally install or sell faulty air bags more accountable.  Click here to see the law that will go into effect August 1, 2014.

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How to Clean up a Criminal Record

The process required to remove a summons, arrest, and/or conviction in Louisiana is called an expungement. The motion for an expungement must be filed with the court. The judge must sign an order telling the various agencies to remove the record. Therefore, an expungement is not automatic. Many misdemeanor and felony charges can be expunged if the case resulted in a dismissal. There are many ways this can happen. Most commonly is when the defendant completed a pretrial program or was sentenced under Article 893/894 and the conviction was set aside.

For more information and to see an informational video on Louisiana expungements, click here.

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Throwing Cigarette Butts from Vehicle May Not Be Worth It

The punishment for throwing cigarette butts out of a vehicle could become more severe if proposed House Bill 1075 passes. It would make cigarettes and cigarette butts included in the definition of Littering in La. R.S. 30:2522 and would also increase the fines in La. R.S. 30:2531.

The fine for a first conviction for Littering would increase to $300, along with 8 hours of community service. The fine for a second conviction for Littering would increase to $700, along with 16 hours of community service.  The fine for a first conviction for Littering would increase to $1500, along with license suspension for up to one year, 80 hours of community service.

If you need a criminal lawyer in Baton Rouge, Carl Barkemeyer may be able to help.

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Rapper Lil’ Boosie is free…but on parole

Last night, Lil’ Boosie was released from Angola after serving a sentence for a possession of marijuana third offense conviction. He only served a portion of the eight years he was sentenced to. According to the Louisiana parole statute, on a charge such as Lil’ Boosie’s, the offender can be released on good time parole after serving 40% of the sentence. This does not apply to all types of charges. Some charges do not even allow for parole. Lil’ Boosie will remain on parole until the eight years is up. He can now get back to making music. It will be interesting to see what topics he covers in his next album…

 

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