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If you are charged with a crime in Louisiana, the prosecuting attorneys -- that is, the government -- have the burden of proving your guilt. You are innocent until proven guilty. The standard of proof is "beyond a reasonable doubt." That is a high standard to meet. As a consequence, all good criminal defense strategies aim to reduce the chances of the prosecuting attorneys meeting that standard. Tactics include seeking to exclude evidence and witnesses for constitutional and procedural violations. If you have been arrested and charged with drug trafficking, you may benefit from contacting an aggressive, dedicated, and experienced Shreveport criminal defense attorney at the Law Offices of Philip B. Adams.
Here are some of the top criminal defenses to charges of drug trafficking" Violations of constitutional protections Everyone has rights that are protected by both the federal and Louisiana Constitutions. These include the rights to be free from unreasonable searches and seizures, to be silent when asked questions by law enforcement officers while you are in custody and subject to interrogation, to have an attorney present during questioning, to have a fair and impartial jury, and more. If the police, for example, violate your constitutional protections, then evidence obtained by the police in violation of your rights may be excluded. Exclusion of improperly obtained evidence is often a key mechanism for a criminal defense team. This method involves filing a written motion with the judge asking for improperly obtained evidence to be excluded from use at trial. This might mean the exclusion of ALL of the drugs that might have been found and seized during an unlawful search of your person, vehicle, or home. If this happens, then the prosecuting attorneys have no evidence to prove that you had any drugs in your possession. Without drugs, there often can be no conviction for drug trafficking (assuming, for example, no confession to having drugs). Violations of police procedures For a prosecutor to successfully obtain a conviction based on drug evidence, he or she must demonstrate that the police complied with various procedures. As one example, if a lab test is done to confirm that the substance taken from you was drugs, then a number of procedures must have been followed. The substance tested must be PROVEN to have been the substance taken from you; lab procedures to prevent contamination must have been followed; etc. . As another example, a key fact that the prosecuting attorney must prove is that you actually possessed drugs. Thus, when the time arrives for trial, the prosecuting attorneys often must produce the actual drugs that were seized. But how do we know that the drugs produced were the ones taken from YOU? Those specific drugs might be some other person's drugs. To overcome this, the police must show what is called a "chain of custody." The drugs taken from you were passed from the officer to someone in the evidence room, to someone else, and so on. Challenging whether the police followed proper procedures can be a viable criminal defense. Lack of intent Drug trafficking convictions require proof that you intended to traffic -- that is, sell -- the drugs. One top criminal defense is to argue a lack of intent. Under such a scenario, if the prosecutors fail to prove intent to distribute, you will not be convicted of trafficking. Possession carries less severe punishments trafficking. Perhaps your defense can demonstrate that you merely possessed a drug and did not intend to distribute it to others. Mistake Another top criminal defense against drug trafficking is a mistake. This generally means offering evidence that the police were mistaken about who owned the drugs in question. Essentially, the defense is that the drugs were owned or possessed by someone else. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. If you are a tenant here in Shreveport, LA, and you have been injured in a slip-and-fall accident because of your landlord’s negligence, you may have a claim for compensation. If this has happened to you, you may benefit from seeking a legal consultation with an experienced Shreveport slip and fall accident attorney like the one here at the Law Offices of Philip B. Adams. Use our Contact Page.
In Louisiana, landlord-tenant, slip-and-fall accidents fall under the category of premises liability. Generally speaking, according to Louisiana law, landlords must maintain safe and hazard-free premises for their tenants. This means that landlords must comply with applicable building codes, make necessary repairs, keep common areas clean and free from obstructions, and otherwise remove hazards and dangerous conditions. Examples of hazardous and dangerous conditions might include
There are several requirements to be successful in your claim against your landlord. First, you will have to show that your landlord knew of the hazardous conditions like a broken railing or sidewalk. Alternatively, you can show that your landlord should have known about the dangerous condition. This issue is often about how long the condition has persisted and whether, in that time, a reasonable landlord (who routinely inspects the property) would have seen or noticed the condition. Second, you will have to show that the injury that resulted was foreseeable from the condition. This is often straightforward since broken concrete can foreseeably result in a trip and fall. This is why factual issues like lighting can matter in these types of cases. A cracked floor tile might not be unreasonably dangerous in bright sunshine. But in a dark hallway, a broken floor could reasonably cause a trip and fall since an ordinary person might not see such a condition in advance to avoid an injury. The next step is to show that the landlord refused or failed to fix the dangerous condition (or at least provided some warning or blocked off the hazard). Most landlord-tenant, slip-and-fall accidents are settled through insurance claims. So, you must act quickly to give notice to your landlord and the insurance carrier. Contact A Louisiana Slip-and-Fall Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams; if you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our “Contact Us” page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog and visiting our website. Despite political efforts to change the law, prostitution is still a crime in Louisiana. In layperson sense, prostitution is "sex for money." The crime can be charged against the person offering sex and those offering to pay for it. More specifically, prostitution is criminalized by La. Rev. Stat., §14:82, where prostitution is defined as:
All types of sexual activity are covered by the statute, and prostitution can be charged even if the sexual act has not been consummated. If you have been arrested for prostitution, you might benefit from a legal consultation with the experienced Shreveport criminal defense attorneys at the Law Offices of Philip B. Adams. Let's discuss the facts of your case and potential criminal defenses. Use our "Contact Us" page. Penalties Generally, a first-time prostitution charge is a misdemeanor crime which becomes a felony charge for subsequent offenses. The potential penalties are:
Potential penalties are substantially higher if there are any aggravating factors. Examples of aggravating factors include circumstances involving a prostitute under the age of 18, under the age of 14, etc. For soliciting a prostitute under the age of 18 (but not less than 14), the crime is a felony with a potential sentence of 15 to 50 years in prison and a potential fine of $50,000. If the prostitute is under the age of 14, the possible prison term is from 25 to 50 years, and the fine could be as high as $75,000. Related crimes There are a large number of crimes related to the basic crime of prostitution. These include the crime of allowing, aiding, and abetting prostitution on your property, running a house of prostitution, being a "pimp," online prostitution, and more. Potential criminal defenses If you are charged with a crime in Louisiana, the prosecuting attorneys -- that is, the government -- have the burden of proving your guilt. You are innocent until proven guilty. The standard of proof is "beyond a reasonable doubt." That is a tough standard to meet. As a consequence, any criminal defense strategy aims to reduce the chances of the prosecuting attorneys meeting that standard. Tactics include seeking to exclude evidence and witnesses for constitutional and procedural violations. There may be specific defenses like alibi, mistake, and sexual activity by mutual consent without payment (that is, no payment was negotiated, requested, or exchanged). Retaliation and/or knowingly false charges might be a defense in some cases. Police entrapment is also a common defense in prostitution cases. As always, while the criminal defense is being prepared, skilled Louisiana criminal defense attorneys are open to negotiating favorable plea bargain arrangements. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. The answer is no (although there can be some exceptions). Injury settlements are generally compensation and, as such, are not deemed income by the IRS and Louisiana taxing authorities. The rare exceptions involve recovery for emotional injuries (where the injuries do not flow from a physical injury) and where punitive damages are obtained (which can occur, for example, in a settlement involving a drunk driver). Trusted and experienced Louisiana car accident attorneys will understand that there might be tax consequences when a Louisiana auto accident claim is settled. Good personal injury lawyers know that there are methods of structuring a settlement that can minimize possible tax consequences. This is one reason it may be wise to schedule a consultation with an experienced Shreveport auto accident attorney like the one at the Law Offices of Philip B. Adams. Use our Contact Page. Below is some additional information on the taxability of Louisiana car accident settlements.
IRS rules and regulations The question of taxability is determined by the federal Internal Revenue Code and various regulations issued by the Internal Revenue Service ("IRS"). In this respect, the IRS has long held that any sort of settlement (or judgment from a lawsuit) is only taxable if it is income. As noted above, most of the money received via a settlement is to compensate an injured victim. This includes compensation for medical bills, costs to repair a vehicle, etc. Since the monies are paid as compensation, they are not income and, therefore, are not taxable. The IRS has also determined that almost every form of compensation that flows from a physical injury is non-taxable. Thus, recovery for lost wages and pain and suffering is deemed compensation and not income. See the IRS tax implications of settlements and judgements. What are the exceptions? As noted above, there are some exceptions to the general rule that Louisiana auto accident settlements are not taxable. If a part of your settlement includes punitive damages, that part can be taxed. This is the IRS rule and flows from the fact that punitive damages are NOT compensation. Rather, punitive damages are a punishment imposed on the at-fault party. Since the money is not compensation, it is deemed income for purposes of taxation. The other main exception involves emotional and mental injuries. The IRS rules state that settlements related to physical injuries are non-taxable. Thus, emotional and mental injuries are non-taxable ONLY IF those injuries flow from -- are directly related to -- a physical injury. Will I have to report the settlement on my tax returns? In many cases, even though the settlement is not taxable, the settlement must still be reported on your tax returns. However, you should consult qualified tax professionals for a more precise answer, and you should rely on their advice with respect to your individual tax returns. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams; if you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog and visiting our website. In Shreveport, Louisiana, manslaughter is a lesser offense than first or second-degree murder. Manslaughter still involves the killing of a human being, but often with circumstances showing that "heat of blood" or passion occurred. A typical example is when a husband comes home and finds his wife in bed with another lover and kills the lover in rage.
In this article, the experienced Shreveport criminal defense attorneys at the Law Offices of Philip B. Adams discuss the elements and potential criminal defenses for the various types of manslaughter charges. Note that a conviction for manslaughter can result in a prison term of up to 40 years. In contrast to a capital murder charge, there is no potential death penalty for manslaughter. What is manslaughter in Louisiana? In Louisiana, the crime of manslaughter is defined in La. Rev. Stat. § 14:31. There are three sections that define the four basic circumstances where manslaughter can be charged. Manslaughter as a "crime of passion" The first circumstance where manslaughter can be charged is when there is intent to kill, but the person doing the killing has been provoked sufficiently to have lost his or her reason. The statute uses the phrasing that the killing "... is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection." Note that there are five elements in this definition: passion/heat of blood, immediacy, provocation, provocation sufficient to create passion/heat of blood, and the provocation must be of the sort that an average person would be affected. The "immediacy" element is important since the statute goes on to provide that if the jury finds that enough time passes for the passion to cool, then the crime is homicide, not manslaughter. Manslaughter while committing felony or misdemeanor crimes The second and third circumstances where manslaughter can be charged is when there is NO intent to kill (or cause great bodily harm), but the person doing the killing is (i) either engaged in certain felonies or intentional misdemeanors which would not result in a charge of murder or (ii) is resisting arrest by means, or in a manner, that is not inherently dangerous. In effect, these might be considered "accidental" killings where the person is engaged in a crime. In the absence of a crime, such might be charged as negligent homicide or might simply be deemed accidental homicide. Manslaughter while committing a crime of violence The final circumstance where manslaughter can be charged is when there is NO specific intent to kill, but the person is intentionally committing a crime of violence. Again, these cases might be considered "accidental" killings except for the fact that the person is engaged in a crime. For this crime, in addition to other elements, the prosecutors must prove that the defendant was
Note that when a homicide occurs, Louisiana prosecutors will often charge as many murder/homicide charges as possible. Thus, deeply knowledgeable criminal defense is needed to optimally defend each charge. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. |
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