Criminal Law FAQ's

Get answers to critical questions.

Below are some quick answers to some common legal questions often asked by clients or their family members. Remember – this information is not meant to substitute or replace actual legal advice or analysis, because no two cases are exactly alike – and a single small difference in the facts of a case can make a huge difference in the outcome.

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• My child was arrested, What should I do?

  • My child was arrested, What should I do?

    1. Don’t Panic.

    First, take a deep breath. Resist the urge to scream, “What have you done!?” Recognize that you are overwhelmed with conflicting emotions and responses. You are justifiably angered, upset, and confused. You will be mad, alternatively at your child, his accuser, and the police. You may even become angry with yourself for thinking you somehow could have prevented it. Your thoughts will run from “What have they done to my child?” to “What has my child done?” You may even rationalize that “a few days in jail will teach him a good lesson!” Resist the temptation to respond out of anger and say, “You got yourself into this mess, now you can get yourself out!” Having a child accused of a crime is an emotionally traumatic event. In order to prevent you and your child from being overwhelmed by the criminal justice system you will have to keep your wits about you.

    2. Determine If Bond Has Been Set Or When It Will Be Set. Don’t Insist On Knowing Details Right Away.

    Innocent or not, your child will likely be reluctant to tell you the details of the events surrounding his arrest. They will likely call from a booking desk in front of a police officer or from a crowded jail cell. They will be in shock themselves and will not have things sorted out in their own mind yet. At this moment, they are angry, ashamed, terrified, and – utterly helpless. There will be plenty of time later for sorting out what happened. Right now, your child’s most immediate needs are a bondsman and competent legal advice. Take another deep breath. Tell yourself, your child, and your spouse to remain calm. Ask to speak with the jailer or desk sergeant if necessary. Find out what he is charged with, whether a bond has been set, and if so, what the amount is. If no bond has been set, find out when a bond will be set.

    3. Encourage Your Child Not To Waive Their Rights to Remain Silent or to Legal Counsel.

    Tell your child to remain calm. Let them know you will be working as quickly as possible to get them out of jail. Remind them of their right to remain silent and tell them to use it! Many parents mistakenly believe their child can minimize the seriousness of a criminal charge or prevent an arrest by speaking candidly with the police, explaining everything, and apologizing. Unfortunately, the days of fatherly police officers “giving a break” to a young offender because he “realized what he did was wrong” or “because he comes from a good family” are long gone. My experience both as a police officer and as a criminal defense lawyer has taught me that even innocent people rarely help their case by talking to the police right after their arrest. Remember the police arrested your child because they believed he or she is guilty of a crime. Anything a person says when they are under arrest is usually construed and interpreted against them. And, once a statement is made, it cannot be taken back. At this point, the investigation is focused on gathering evidence to prove your child’s guilt, not figuring out whether they are innocent. The decision to waive the 5th Amendment privilege against self-incrimination and talk to the police should never be made amidst the confusion, uncertainty and fear that reign in the first few hours after an arrest. The decision is serious and usually irreversible. It should never be made without informed advice of competent legal counsel. If the lawyer determines that it’s in the child’s interest, a statement can always be given at a later time. But, it is usually best not to say anything at this point.

    4. Bond The Child Out Of Jail If Possible

    Time for your third deep breath. Now, go and get your child out of jail. In most jurisdictions, you’ll have to post a bond. Bonds are usually posted in cash, though you may be able to use a property bond if you have sufficient unencumbered property, or you may be able to use a bondsman. A bondsman will post the bond for you and charge you a percentage of the amount of the bond as his fee. If you post a cash bond, then you will normally obtain the cash back at the conclusion of the legal proceedings. If you use a bondsman, then you will not be refunded any money. Typically, the fee a bondsman may charge is set by statute. In Louisiana, that is 12% of the face amount of the bond. There may be additional fees charged by the jailer that will also need to be paid. However, these are usually not very great. While a wayward child might well benefit from one night’s stay in a cramped jail cell, he or she should be bonded out as soon as possible. Resist the urge to “Let him sit there and get himself out.” Leaving anyone in jail until the case is resolved is rarely a good idea. Getting a child back into school or back to work so that they can help defray their legal expenses, is the single most important step on the road to mitigating any damage the child has done to himself or herself. Immediately contact legal counsel if you are unable to post bond.

    5. Retain competent legal counsel.

    Time for a final deep breath. Now, go hire a lawyer. Be prepared to spend some money. You are protecting the investment you’ve already made in your child. Resist the temptation to simply allow your child to be represented by the public defender. While public defenders generally are fine lawyers who are hard working, sincere, caring, and dedicated, they are also generally overloaded with cases, under-resourced, and understaffed. While no lawyer can guarantee the outcome of any case, a competent, experienced, and creative criminal defense lawyer will be worth what you pay for him or her. Look for a lawyer who is a member of the National Association of Criminal Defense Lawyers or your state association of Criminal Defense Lawyers. It is a rare case where an experienced criminal defense lawyer can’t be of some help. At the very least, he or she will keep the system from overwhelming you and your child. At very best, he or she may be successful in having the charges dismissed and possibly having the arrest expunged from the public record. Keep in mind however, that even if you are paying the attorney fee, your child is the client, not you. That means that you will not be privy to all of the conversations between our child and his or her attorney. Those conversations are confidential and generally fall within the scope of the attorney-client privilege. However, a conversation will not fall within the privilege if it occurs in the presence of a third person who is not also subject to the privilege such as the attorney’s paralegal or investigator.

    6. Support Your Child As They Go Through “The System”

    A criminal charge should never be taken lightly. A conviction remains with a person long after any fine is paid and any probation or jail time is served. A criminal conviction deprives a person of many basic human and civil rights. It may lead to the loss of a job or government benefits. And, it will seriously limit employment and educational opportunities. In doing so, it may indirectly lead to further criminality. Stand behind your child as much as you can. It will be difficult, particularly if the charge involves a violent crime or sex offense. Ours is a Criminal Justice System which is often hostile to claims of innocence and largely deaf to pleas for mercy or understanding, Innocent or guilty, your child needs your support, monetarily, emotionally and even spiritually. People make mistakes. Young people make lots of mistakes. Some mistakes are more serious than others. Even if your child has been guilty of a criminal act, it doesn’t mean they are going to be a criminal for the rest of their life. It means they need the help and assistance of a competent criminal lawyer. Do not be afraid, ashamed or hesitant to call one.

    7. Call Our Office at (318) 227-1460 For A Confidential Appointment.

    A jail visit can be arranged if your child is still incarcerated. Otherwise, we can meet with you and have a phone conference with your child from the jail.

    Click here for directions to our office.

• My spouse was arrested. What should I do?

  • My spouse was arrested. What should I do?

    1. Don’t Panic.

    First, take a deep breath. Tell yourself to remain calm. Few things are as emotionally traumatic as having your spouse accused of a crime. It seems like your entire world comes to a screeching halt. Careers are placed at risk and family life is disrupted. But, in order to keep you and your spouse from being overwhelmed by the criminal justice system you will have to keep calm.

    2. Find out If Bond Has Been Set Or When It Will Be Set. Don’t Insist On Knowing The Details Right Away.

    If your spouse is calling from jail, do not demand to be told the details of what happened. Your spouse will likely be calling your from a booking desk in front of a police officer or from a crowded jail cell. He or she will likely be in shock themselves may not have things sorted out in their own mind yet. Innocent or not, your spouse may be reluctant to tell you the details of the events surrounding his arrest. At this moment, they are angry, ashamed, terrified, and – utterly helpless. There will be plenty of time later for sorting out what happened. Right now, your spouse’s most immediate needs are a bondsman and competent legal advice. Take a second deep breath. Find out what he is charged with, whether a bond has been set, and if so, what the amount is. If no bond has been set, find out when a bond will be set. Ask to speak with the jailer or desk sergeant if necessary.

    3. Encourage Your Spouse Not To Waive Their Right To Remain Silent Or Their Right To Legal Counsel.

    Tell your spouse to remain calm. Let him or her know that you will be working as quickly as possible to get them out of jail. Remind them of their right to remain silent and tell them to use it! My experience both as a police officer and as a criminal defense lawyer has taught me that it is rarely a good idea for anyone accused of a crime to speak with the police immediately after their arrest. Even an innocent person can rarely help himself or herself by talking to the police immediately after arrest. Remember the police arrested your spouse because they believed they were guilty of a crime. Anything a person says immediately after his arrest is usually construed and interpreted against them. At this point, the investigation is focused on gathering evidence to prove your spouse’s guilt, not figuring out whether they are innocent. And, once a statement is made, it cannot be taken back.

    The decision to waive the 5th Amendment privilege against self-incrimination should never be made amidst the confusion, uncertainty and fear that reign in the first few hours after an arrest. The decision is serious and usually irreversible. It should never be made without informed advice of competent legal counsel. If the lawyer determines that it’s in your spouse’s interest, a statement can always be given at a later time. But, it is usually best not to say anything at this point.

    4. Bond Your Spouse Out Of Jail If Possible.

    Time for your third deep breath. Now, go and get your husband or wife out of jail. In most jurisdictions, you’ll have to post a bond. Bonds are usually posted in cash, though you may be able to use a property bond if you have sufficient unencumbered property, or you may be able to use a bondsman. A bondsman will post the bond for you and charge you a percentage of the amount of the bond as his fee. If you post a cash bond, then you will normally obtain the cash back at the conclusion of the legal proceedings. If you use a bondsman, then you will not be refunded any money. Typically, the fee a bondsman may charge is set by statute. In Louisiana, that is 12% of the face amount of the bond. There may be additional fees charged by the jailer that will also need to be paid. However, these are usually not very great. Resist the urge to “Let him sit there and get himself out.” Leaving anyone in jail until the case is resolved is rarely a good idea. Getting a spouse back to work, is the single most important step on the road to getting things back to normal. If you are unable to post bond because the amount is too high to make even using a bondsman unaffordable, or because no bond has been set, immediately contact legal counsel.

    5. Retain competent legal counsel.

    Time for a final deep breath. Now, go hire a lawyer. Be prepared to spend some money. You are protecting the investment you’ve already made in your life partner. Resist the temptation to simply allow your spouse to be represented by the public defender. While public defenders generally are fine lawyers who are hard working, sincere, caring, and dedicated, they are also generally overloaded with cases, under-resourced, and understaffed. While no lawyer can guarantee the outcome of any case, a competent, experienced, and creative criminal defense lawyer will be worth what you pay for him or her. Look for a lawyer who is a member of the National Association of Criminal Defense Lawyers or your state association of Criminal Defense Lawyers. It is a rare case where an experienced criminal defense lawyer can’t be of some help. At the very least, he or she will keep the system from overwhelming you and your spouse. At very best, he or she may be successful in having the charges dismissed and possibly having the arrest expunged from the public record.

    6. Support Your spouse As They Go Through “The System”.

    A criminal charge should never be taken lightly. A conviction remains with a person long after any fine is paid and any probation or jail time is served. A criminal conviction deprives a person of many basic human and civil rights. It may lead to the loss of a job or government benefits. And, it will seriously limit employment and educational opportunities. In doing so, it may indirectly lead to further criminality. Stand beside your spouse as much as you can. It will be difficult, particularly if the charge involves a violent crime or sex offense. Ours is a Criminal Justice System which is often hostile to claims of innocence and largely deaf to pleas for mercy or understanding, Innocent or guilty, your spouse needs your support, monetarily, emotionally and spiritually. People make mistakes. Some mistakes are more serious than others. Even if your spouse is guilty of a criminal act, it doesn’t mean they are going to be a criminal for the rest of their life. It means they need the help and assistance of a competent criminal lawyer. Do not be afraid, ashamed or hesitant to call one.

    7. Call Our Office at (318) 227-1460 For A Confidential Appointment.

    A jail visit can be arranged if your child is still incarcerated. Otherwise, we can meet with you and have a phone conference with your child from the jail.
    Click here for directions to our office.

• I was arrested for DWI/DUI. What happens next?

  • I was arrested for DWI/DUI. What happens next?

    Being arrested for DWI is a humiliating experience. Most people are overwhelmed, angered, and confused. If arrested for DWI, count on having your body searched, your car searched and towed, being handcuffed, placed in a patrol car, taken to jail, fingerprinted, photographed, and quite literally treated like a criminal. You can also count on some immediate restrictions on your driving privileges. By the time a person charged with DWI makes it to my office, they are usually angry with themselves, the police, and the entire criminal justice system. And they are not looking forward to going to court. Going to court is not pleasant, and many people plead guilty without ever consulting a lawyer just to get the experience behind them. I don’t recommend that course of action. Until you consult a lawyer who has reviewed the case and explained your legal options, you cannot make an informed decision on whether to plead guilty or go to trial.

    The first thing I like do is meet with you and find out about the facts leading up to your arrest and the events afterwards. Next, I try to take immediate steps to protect your driving privileges. Except in limited circumstance, in Louisiana the police will seize your license. Louisiana law imposes an immediate suspension of the driving privileges when a person is arrested for DWI. The suspension generally begins 30 days after arrest. This suspension takes effect unless an administrative hearing is requested in writing and post-marked within 15 days of your arrest. This hearing and suspension is completely separate from the criminal DWI charge. It is handled at the Department of Motor Vehicles before an administrative law judge, not the courthouse before a criminal judge. If you do not request a hearing or if we are unsuccessful at the hearing, then your driving privileges will be suspended. How long the suspension lasts depends on the unique facts of your case.

    If we win the hearing, then, there is no immediate suspension of your driver’s license, but it may be suspended later if you are convicted of DWI. We will subpoena the arresting officers to the hearing and question them about your case. This allows us to assess the strength of the case against you and learn of any favorable evidence. The Department of Motor Vehicles will send you a notice of the date and time of the hearing. That notice also serves as a temporary driving permit that is valid for several weeks after the hearing date. If we win the administrative hearing, you will be entitled to an immediate reinstatement of your regular license. If we are unsuccessful, the suspension begins when the temporary permit expires. Next, I will enroll in the appropriate court as your attorney, obtain police reports regarding your arrest and any videotape of your arrest. I will be with you at all court appearances.

    The first appearance is the arraignment where you are formally advised of the charges and must enter a plea of guilty or not guilty. The important thing to remember about the arraignment is that it’s just an initial appearance. It’s just the beginning of the formal court proceedings, not the end. Routinely, I advise my clients to enter a not guilty plea at the arraignment and set a date for trial. There are several reasons for this. First, we may not have the police reports and discovery yet and we may not have had sufficient time to interview witnesses or investigate possible defenses. Or, we may have already determined it’s in your interest to plead guilty, but simply wish to buy some time for you to gather money to pay fines and court costs or to make other arrangements. After the arraignment, after the hearing at the Department of Motor Vehicles, after we have obtained the entire police report any videotape, talked to any witnesses, we will sit down and review everything. Then, we will make a decision on whether or not to go to trial. That decision will, of course, be your decision. There are a lot of things to be considered. The chances of winning at trial must be assessed against the risk of losing.

    We must consider the sentencing range that will apply if the trial is lost, as well as the most probable sentence the judge would impose, and the possibility of success on appeal if one becomes necessary. I will give you my best assessment of our chances of success at trial. But, the decision to plead guilty or go to trial remains your decision. I will not make it for you. The reason is very simple. I will not have to live with the consequences. You will. A guilty plea has the same effect as losing at trial. It results in a criminal conviction. If we are successful at trial, you will be acquitted and found not guilty. In the average first offense DWI case, the sentence usually includes a jail sentence which is suspended, one to two years of supervised probation, a fine, court costs, community service, alcohol abuse screening, and mandatory driver improvement training.

    Usually, the court will allow fines and court costs to be paid over a period of time. There is, of course, always the possibility in an egregious or unusual case that the judge will require some time in jail. In Louisiana anyone whose blood alcohol concentration is .15 grams percent or more must be incarcerated for at least 48 hours on a first offense and 96 hours on a second offense. The impact of DWI on your life and your ability to earn your livelihood can be enormous. Don’t be mislead into thinking that you can simply walk into court, plead guilty, pay a fine, and get it over with. DWI law just does not work that way. However, even in the worst case, I will do my best to minimize the impact of an arrest or conviction.

    If you have questions about a DWI contact our office for a consultation at (318) 227-1460.

    Click here for directions to our office.

• I was contacted by a U.S. Attorney who says they want to discuss possible criminal conduct. What should I do?

  • I was contacted by a U.S. Attorney who says they want to discuss possible criminal conduct. What should I do?

    If You are the Target of a criminal investigation, or If you have received a letter from a U.S. Attorney or a state prosecutor informing you that you have committed a crime and that he or she wants to talk to you about entering a guilty plea, then you are a suspect and will likely be prosecuted. You have a constitutional right against self-incrimination. That means you do not have to answer a prosecutor’s questions if the answer might tend to incriminate you (even if the answer itself is not incriminating.) In plain language you don’t have to talk to a U.S. Attorney or a state prosecutor about the criminal accusation. You also have a right to have a lawyer present during any meeting or conversations with or a prosecutor. You should not waive either of these rights without serious consideration of the consequences. In this kind of situation, you should not meet or talk to a prosecutor without first consulting a lawyer.

    Here is what you should do.

    In any criminal case, it is critically important to get defense counsel involved as early as possible. The earlier a lawyer is involved the greater the chances of a favorable outcome. And it may help avoid prosecution entirely.

    1. Don’t Panic.

    Don’t be intimidated by the letter. In this situation you probably have plenty of time to consult with a lawyer. If you need to, don’t be afraid to ask for additional time to consult with legal counsel. Most assistant U.S. Attorney’s are very professional and will normally accommodate such a request.

    2. Consult Competent Legal Counsel.

    Immediately contact our office or another competent criminal defense lawyer. Explain the situation and ask for an immediate appointment. Bring the letter with you to the appointment. If you contact my office we will decide how to respond based on the specific facts of your case. I will contact the prosecutor, learn what I can about the case and try to determine if arrest or prosecution is imminent. If so, I will try to coordinate arrangements to safely surrender you and assist in obtaining bail.

    3. Call Our Office at (318) 227-1460 For A Confidential Appointment.
    Click here for directions to our office.

• I was contacted by a police investigator who wants to interview me. What should I do?

  • I was contacted by a police investigator who wants to interview me. What should I do?

    If You are the Target of a Criminal Investigation, you should never submit to law-enforcement questioning without an attorney present.

    Unless you are a victim or a witness, when a police officer asks to question you, it usually means he suspects you committed a crime and he is seeking a confession. Police officers like confessions because it makes their job easy. But, for several reasons it is generally not advisable to allow yourself to be interrogated by a law-enforcement officer about suspected criminal acts without having your lawyer present.

    First, police interrogation is by its nature psychologically coercive. And, because the officer is looking to obtain a confession or other information to corroborate his suspicions and support his case, a person’s answers and explanations will usually be considered “self-serving” and will be construed against them. That is why it is usually difficult for anyone to exonerate himself or herself from suspicion by submitting to police interrogation. This is particularly true if defense counsel is not present when the interrogation takes place.

    Second, modern interrogation tactics, though designed to elicit a true confession from a guilty suspect who denies he or she has committed a crime, can have the effect of inducing a false confession from a person who is actually innocent. Juveniles, people with mental health problems and individuals who are intoxicated or on drugs or medication are particularly susceptible to the psychological pressures of police interrogation.

    Third, modern police interrogation tactics can and often do include intentional trickery such as lying a suspect and telling them that they have strong evidence of their guilt, such as fingerprints, DNA, surveillance video or statements from eyewitnesses when in fact, no such evidence exists .Likewise they may strongly suggest element of the crime known to the person being interviewed, or make implied promises of leniency if the person confesses guilt or threats of harsh sentences if he or she does not.

    Sadly all of these things are both legal and constitutional. That is why you should never allow yourself to be interviewed by a police officer without an attorney present. You have a constitutional right against self-incrimination. That means you do not have to answer a police officer’s questions if the answer might tend to incriminate you (even if the answer itself is not incriminating). In plain language you don’t have to let the police interrogate you, and you have a right to have a lawyer present if they do. You should not waive either of these rights, often called Miranda rights, without serious consideration of the consequences and without first discussing it with an attorney.

    Here is what you should do.

    In any criminal case, it is critically important to get defense counsel involved as early as possible. The earlier a lawyer is involved the greater the chances of a favorable outcome. And it may help avoid prosecution entirely.

    1. Don’t Panic.

    Find out what the officer wants to question you about. Ask why the officer wants to talk to you. If you have been a victim or witness to a crime then you probably know why the officer wants to talk to you and you may want to talk to the officer. If you do not know, then ask.

    2. Don’t be intimidated by threats of immediate arrest if you refuse to talk to the officer.

    Ask the officer to give you some time to consult with legal counsel. You can always choose to talk to the officer at a latter time once you have consulted with a lawyer. And, you can have the lawyer with you. Simply explain that you will cooperate if you are able, that you need to know what the interview would be about and that you would like to talk to attorney about coming in for the interrogation.

    3. Talk to a Lawyer Immediately.

    Contact our office. Explain the situation and request an immediate appointment. We will discuss whether you should to talk to the officer. If so, I will be with you during the interview. If we decide not to talk to the officer I will contact him or her and decline the interview. I will try to determine if arrest is eminent. If so, I will try to coordinate arrangements to safely surrender you and assist in having reasonable bail promptly set.

    Call our office for a consultation at (318) 227-1460.

    Click here for directions to our office.

• There is a warrant out for my arrest. What should I do?

  • There is a warrant out for my arrest. What should I do?

    1. Don’t Panic.

    Although being arrested is the first step in a criminal prosecution, it does not mean you are guilty of a crime. It does mean however that the police have some reason to suspect you are guilty of a crime. If a warrant has been issued, it means a judge or magistrate has reviewed information brought to him or her by a police officer or investigator and determined that probable cause exists to believe you may have committed a crime and therefore should be arrested.

    2. Consult competent legal counsel.

    In this situation you do not have time to waste. Immediately contact our office. Explain the situation and ask for an immediate appointment. We will try to find out which agency obtained the warrant, what the warrant is for, whether or not a bond is set and if so, in what amount. We will try to coordinate arrangements to safely surrender you to the appropriate agency and assist in obtaining bail.

    3. Call our office for a consultation at (318) 227-1460.
    Click here for directions to our office.

• A police officer wants to search my car? Do I let him?

  • If a police officer stops me and wants to search my car, do I have to let him?

    A police officer’s search of your car is a serious invasion of your privacy.

    That is why the law prevents the police from merely stopping cars and searching for contraband or evidence of a crime. You always have a right to refuse a police officer’s request to search your vehicle, home, or person. But, if an officer has probable cause to believe that you are carrying contraband in your car, he can still search your car. Likewise, if an officer stops you for a traffic violation, he may be able to search your person and the interior of the car to check for weapons that may be a danger to his safety.

    Often the police will stop someone for a minor traffic violation and ask permission to search the entire vehicle, even when he does not have any reason to suspect there is evidence of a crime or other contraband in the car. If you consent to a search in such a situation, the officer will be allowed search the entire car—including looking into the glove box, the console, the trunk, under the seats, and even in the ashtray. Not only will he be allowed to search the car he is also allowed to open any bags, boxes, purses, or other containers he finds in the car.

    He will be allowed search your person, and bring a police dog to sniff inside it and may even take it to a police impound to have parts removed if he thinks there are hidden compartments. Most importantly, the officer will be allowed to use any evidence or contraband he might find in the vehicle against you in court. Even if it is a small amount of marijuana or other drugs that one of your passengers had on them, or that someone left in the car before you got into it.

    While some people are of the view that “innocent people have nothing to hide” and should not mind the inconvenience caused by a police search, our founding fathers saw things differently. Having lived under the tyranny of a police state the men and women who drafted our constitution believed that a person’s right to privacy as well as their right to be left alone should be respected. They believed a person should feel secure in the persons, their papers, their houses and effects. That is why they insisted that the fourth amendment be included in the Bill of Rights.

    A roadside search can take a considerable amount of time and involve considerable embarrassment and inconvenience, even if you “have nothing to hide.” If you do not consent and the officer searches your person or vehicle without lawful authority, then the officer would not be allowed to use anything that he might find as evidence against you in court. Therefore, it is generally best to refuse to let the police search your car. In today’s “zero tolerance” environment, the police will arrest you even if they find a few leaves or marijuana or an open container of beer. Sometimes when a person refuses to allow the officer to search their car, he or she will threaten to obtain a search warrant or call a police dog to sniff the car for drugs. Its best not allow yourself to be intimidated into giving consent to search by such threats.

    If you were arrested after a roadside search of your car or truck, you need to talk to a lawyer.

    Call our office for a consultation at (318) 227-1460.
    Click here for directions to our office.

• If a police officer wants to search my home, do I have to let him?

  • If a police officer wants to search my home, do I have to let him?

    No. A police officer’s search of your home is a serious invasion of your privacy.

    That is why the law prevents the police from merely going door-to-door and searching for contraband or evidence of a crime. You always have a right to refuse to give the police permission to search your home, your person, or your automobile. Sometimes, when the police suspect a person of wrongdoing, but do not have any evidence to gain a search warrant, they will simply knock on the door and ask permission to search the home. the tactic is called “knock and talk.” Sometimes, the police officer will threaten to get a search warrant if the person does not agree right away let the officers conduct the search.

    You do not have to give the police permission to search your home.

    Many people do not know this and the police, of course, do not usually explain this. While some people are of the view that innocent people have nothing to hide and should not mind the inconvenience caused by a police search, our founding fathers saw things differently. Having lived under the tyranny of a police state the men and women who drafted our constitution believed that a person’s right to privacy as well as their right to be left alone should be respected. They believed a person should feel secure in the persons, their papers, their houses and effects. That is why they insisted that the fourth amendment be included in the Bill of Rights.

    If you do let he police search your house or apartment, they will be allowed to search everything in the house, including all rooms, closets, drawers, cabinets and containers. They will even be allowed to search your person, and may handcuff you while the conduct the search.

    If the officers finds contraband or other evidence of a crime during a search of your home, you will likely be arrested. Also, any contraband or evidence is found inside your house or apartment against you in court. If you have visitors or teenage children in your home, you might be arrested for contraband they brought into the home without your knowledge.If you do not consent to the search, and if the officers do not have a warrant or some other lawful basis for searching your home, any contraband or evidence they would generally not be able to use any contraband or evidence they might find against you in a criminal trial.

    In such a situation, it is best to tell the officers that you would rather they obtain a search warrant first. You will need to immediately seek the advice of a good criminal defense lawyer.

    Call our office for a consultation at (318) 227-1460.
    Click here for directions to our office.

• Can a police officer detain me without arresting me?

  • Can a police officer detain me without arresting me?

    Yes. If he has reasonable suspicions to believe you are committing a crime, a police officer can stop and detain you for a limited time to confirm or deny his suspicions.If the officer has reasonable grounds to think you’re armed he may conduct a limited pat-down search of your outer clothing. Although the officer can question you, you have the right not to answer. But a refusal to identify yourself, may give the officer grounds to arrest you. Once the officer confirms or dispels his suspicions, he must either arrest you or let you go.

    Call our office for a consultation at (318) 227-1460.
    Click here for directions to our office.

• What are my rights when a police officer starts to question me?

  • What are my rights when a police officer starts to question me?

    Generally, you have the right to remain silent and not answer any questions – anything you say can be used against you in court. If you decide to answer questions, you may stop answering them at any time. You have the right to consult with an attorney before answering questions and to have an attorney present when answering them.

    These are commonly called Miranda Rights, because in the case of Miranda v. Arizona, the United States Supreme Court mandated that an officer who interrogate suspects when they are in custody must read inform the suspect of these rights before they begin to ask questions which are designed to obtain incriminating information.

    The Miranda decision was grounded in part by the Court’s recognition that modern police interrogation is by its nature psychologically coercive and therefore a person should be made fully aware of their right against self-incrimination and the right to consult with and have an attorney present during any police questioning when the person has been taken into custody. Modern physiological interrogation tactics can and do lead to many false confessions. Therefore it is critical to have an attorney present during any police questioning.

    Call our office for a consultation at (318) 227-1460.
    Click here for directions to our office.

• When am I officially “under arrest?”

  • When am I officially “under arrest?”

    A person is under arrest when a law enforcement officer physically takes them into custody or otherwise deprives them of their freedom of movement in order to hold them to answer for a criminal offense. Courts determine whether a person was under arrest in any given situation by asking whether a reasonable person would believe they were not free to leave under the circumstances.

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• Can a police officer arrest me without an arrest warrant?

  • Can a police officer arrest me without an arrest warrant?

    Yes. If you commit a crime in the officer’s presence, or if a credible person reports that you committed a felony (such as murder, rape, robbery, burglary, or sale of narcotics) or if you are about to escape, an officer may arrest you.

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• How much force can a police officer use on me?

  • How much force can a police officer use on me?

    A police officer is allowed to use whatever force is reasonably necessary to overcome resistance. Resisting arrest or obstructing or interfering with an officer making an arrest or otherwise performing official duties is also a criminal offense.

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• What property of mine can a police officer search?

  • What property of mine can a police officer search?

    Whenever the police stop you and have reasonable grounds to suspect that you may have a weapon they are allowed to conduct a “pat-down” or “frisk” of outer clothing to check for weapons.

    If you are merely stopped in your car and issued a traffic citation the police generally cannot make a general search of the vehicle unless there is probable cause to believe there is contraband or evidence of a crime located in it.

    If you are arrested in connection with a traffic stop, incidental to the arrest, officers may generally search the interior of the vehicle and any containers or compartments.

    If you are arrested in your home, incidental to the arrest, the officer can make a search of the immediate area for weapons and evidence without obtaining a search warrant. In some cases they may be allowed to make a protective “sweep” of he entire residence to assure there are no accomplices, or anyone else present who might present a danger to the officers. Any contraband such as narcotics, drug paraphernalia, weapons stolen property, or evidence of a crime can be seized.

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• What happens after I am arrested?

  • What happens after I am arrested?

    The officers will take you to a police station, jail, or other detention facility where you will be put through a process called “booking.” As part of being “booked,” you will be fingerprinted, photographed and told what you are being charged with. You may be interviewed or interrogated by the investigating officers.

    You may be asked to participate in a lineup and say word used by the perpetrator of the crime you are suspected of committing. You may be asked to give a breath sample, or a sample of your saliva, blood, hair, or handwriting. If so, you should ask to contact your attorney to arrange for him to be present.

    Sometimes, with minor offense, bail is set according to a pre-determined schedule. In more serious cases it will have to be set by a judge. Sometimes the judge will do this after reading an affidavit prepared by the arresting officers. Oftentimes, the person is taken before a magistrate or judge to have bail set in open court after a hearing.

    Eventually, you should be allowed to contact an attorney and someone to post bail for you, once a bond amount has been set.

    Call our office for a consultation at (318) 227-1460.
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• If I am arrested how do I get out of jail?

  • If I am arrested how do I get out of jail?

    Generally a person who is arrested must be brought before a magistrate or judge within 48 to 72 hours to determine whether is probable cause to detain them and also to set bail.

    Bail involves posting cash, real property or a bail bond as security for your court appearance. In rare cases, the court will allow a person to be released on personal recognizance, a promise to appear in court when directed. If your bail is to high for you or your family to afford, your attorney can request court to lower your bail.

    Call our office for a consultation at (318) 227-1460.
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• If a Police Officer asks me to take a Field Sobriety Test – can I refuse to take it?

  • If a Police Officer asks me to take a Field Sobriety Test – can I refuse to take it?

    In most jurisdictions, states have adopted what are called “implied consent” laws. These laws state that a person who receives a driver’s license gives their “implied consent” under certain circumstances to the taking of a chemical test for intoxication to determine if they have been driving while intoxicated. Generally, however, you can still refuse to perform field sobriety tests or a request to submit to a breath or blood test. But, there may be consequences, for this refusal. For example in Louisiana the first time a person refuses to submit to a breath alcohol test when the officer has probable cause to believe he or she is driving while intoxicated results in an automatic 180 day suspension of driving privileges. Successive refusals result in longer suspensions.

    Many states have similar laws. There are also limited circumstances, such as being involved in an automobile accident involving injury or death, where the police may be able to obtain a blood sample even if you do not consent. It is best not to engage the officer in conversation beyond what is necessary to identify yourself and provide your driver license, registration and insurance papers. Likewise it is usually better to refuse to perform field sobriety tests that the officer might ask you to perform. The officer will engage you in conversation and ask you to perform tests so he can gain evidence that he will use to justify your arrest and illustrate the effects of alcohol on your ability to control a vehicle at the time you were stopped. There are a number of these types of tests, which a police officer might ask you to perform at the scene and again at the police station. Oftentimes, this will be videotaped, and shown at trial.

    You should protect your rights by calmly but firmly refusing to take the field sobriety test and refusing to answer questions about your consumption of alcohol. The police have no evidence of blood alcohol of a person whom they have stopped for a DWI unless the person takes a breath or blood test. While your refusal to submit to any and all of these tests may be offered as evidence against you at trial, it is much weaker evidence than the evidence that the police officer might obtain through your submission to these tests.

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• I was arrested several years ago. Can this arrest be expunged or removed from my record?

  • I was arrested several years ago. Can this arrest be expunged or removed from my record?

    The law of expungement varies with each jurisdiction. In Louisiana a person may have the record of the arrest and prosecution removed and expunged from the public record if:

    they are acquitted at trial,
    they are exonerated after conviction,
    the charges are dismissed before trial, or
    the charges are not pursued and the statute of limitations has passed.

    Under some limited circumstances, a conviction in Louisiana may be set aside and the case dismissed with the arrest, record of prosecution, and conviction also being expunged and removed from the public record. For example a person who has been sentenced under the provision of criminal code article 893 or article 894, or who has completed a drug court treatment program, may be eligible to have their convictions expunged.

    In Louisiana, expungement removes the arrest and prosecution from the public view, and unless otherwise provided by law, restores person’s rights that were lost or suspended by virtue of the conviction. And while some government agencies will still have access to the records, in general, a person who has had a record expunged is not required to disclose any arrest, prosecution conviction or expungement, except under limited circumstances.

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• How long does a criminal case take to resolve?

  • How long does a criminal case take to resolve?

    The length of time it takes to resolve a criminal case depends on a lot of factors including:

    The seriousness of the charges, whether it involves a misdemeanor or felony
    The client’s prior record
    The risk the client will be incarcerated if convicted
    The number of witnesses involved
    The need to obtain discovery of the state’s case
    The need for expert witnesses
    The amount of time needed for a detailed defense investigation
    The need to examine and test any physical evidence
    The client’s ability to make bond
    The presence of unusual legal issues
    The factual complexity of the matter
    Whether the case is in a court with a crowded docket

    These and many other factors, including the strength of the client’s desire to go to trial or reach an acceptable plea agreement, can affect the length of time it takes to resolve a criminal case. Truth is, most criminal cases end with some form of negotiated guilty plea, what most people call a “plea bargain.” Many people who come into the criminal justice system simply plead guilty as charged, just to get the matter behind them. However, it takes time to develop the defenses in the case before the best result can be achieved.

    This is why, we work to see that our clients are bonded out of jail pending resolution of the case. This allows the client to meet with us regularly to assist in investigating and preparing the defense. Also, a client who is out of jail can work to continue to provide for their family and provide funds for their defense, while engaging in needed mental health or substance abuse counseling, and preparing to make any necessary restitution. While it can be stressful living with the uncertainty of criminal charges hanging over your head, achieving a favorable result often simply takes time.

    Call our office for a consultation at (318) 227-1460.
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• What should I bring to the consultation?

  • What should I bring to the consultation?
    When you come to the consultation bring the following things with you:

    1. Names addresses and phone numbers of any witnesses.
    2. Any paperwork or documents provided by the police.
    3. Any paperwork provided by your bail bondsman
    4. Any documents relating to the conduct that resulted in the criminal charges

    Call our office for a consultation at (318) 227-1460.