Criminal Law Frequently Asked Questions . . .

Below are some quick answers to some common legal questions often asked by clients or their family members. This information is not meant to substitute for 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.

 

General Questions . . .

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

Can a police officer detain me without arresting me?

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, if the charges are dismissed before trial, or if 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. In Louisiana expungement merely 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, some government agencies may still have access to the records. However, a person who has had their conviction expunged is not required to disclose any arrest, prosecution conviction or expungement, except under limited circumstances.

What are my rights when a police officer starts to question me?
When am I officially "under arrest?"
Can a police officer arrest me without an arrest warrant?
How much force can a police officer use?
What property of mine can a police officer search?
What happens after I am arrested?
If I am arrested how do I get out of jail?
If a Police Officer asks me to take a field sobriety test, can I refuse?
I was arrested several years ago. Can the arrest be expunged or removed from my record?