Sometimes you don’t go looking for bad things; they come looking for you. When those bad things come looking for you while you’re minding your own business, you don’t have to be a victim of violence, and you don’t have to flee. In Louisiana, not all homicide is unjustifiable. In some instances, if you kill someone in self-defense, that is known as a justifiable homicide. To learn specifics, contact a Louisiana criminal defense attorney.
A Homicide is Typically Considered Justifiable in Four (4) Situations Louisiana law, La. R.S. 14:20, states that a homicide is justifiable if: 1. You reasonably believe that you are in imminent danger of suffering considerable bodily harm or of being killed and that killing is necessary to save yourself from that danger. 2. You reasonably believe that a violent or forcible felony involving danger to life or great bodily harm is about to be committed by someone, and killing that person is necessary to prevent that person from committing the offense. However, the situation must sufficiently illicit a strong fear such that any reasonable person would believe that a serious danger to his or her own life or person would exist if he or she attempted to prevent the felony without the killing. 3. It is committed against a person: a. who is committing or attempting to commit a burglary or robbery of a dwelling or business, b. who you reasonably believe is likely to use any unlawful force against someone present in a dwelling or a place of business, or c. when it is committed against a person who is committing or trying to commit a burglary or robbery of a motor vehicle, d. who you reasonably believe is attempting to use any unlawful force against a person present in a motor vehicle. 4. A person commits it: a. lawfully inside a dwelling, a place of business, or a motor vehicle when the conflict began, b. against someone who has made, or is attempting to make, an unlawful entry into the dwelling, place of business, or motor vehicle, and c. the person committing the homicide legitimately believes that they have to use deadly force to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle. d. Notably, please be advised that this rule does not apply if, at the time of the killing, you were buying drugs, selling drugs, or in possession of drugs with the intent to distribute them. Stand Your Ground In Louisiana, it is essential to note that if you are not engaged in an unlawful activity and you are in a place where you have the right to be, you have no duty to retreat before using deadly force, as indicated above. The fact that you could have possibly retreated before using deadly force cannot be used against you to determine whether the deadly force was reasonable and necessary. Call a Louisiana Criminal Defense Attorney Today We have defended individuals in homicide cases. We know your rights and fight for your right to stand your ground. We are experienced Shreveport, LA criminal defense attorneys and our firm has represented individuals in criminal cases throughout the state of Louisiana for years. If you or a loved one has been charged with a crime although you were merely standing your ground, contact us online and fill out our form to set up a consultation to discuss your defense. If you have been pulled over for a suspected DUI in Louisiana, there is a good chance that the officer who stopped you may ask you to take a standardized field sobriety test. Louisiana DUI laws, though, do not require you to submit to such tests. While informed consent laws in Louisiana mandate your participation in blood, urine, or breath tests, they do not apply to field sobriety tests. There is good reason for this because although it has been said such tests have had their effectiveness improved upon since their inception, they are still not a reliable means to indicate a person was, in fact, intoxicated when they were pulled over by law enforcement.
Challenging a field sobriety test is possible if you took one and the officer issued an arrest. There are several factors that can influence the outcome of a field sobriety test, and these results do not necessarily mean that someone is actually inebriated. If you were pulled over for a DUI in Louisiana, it is essential to understand what your rights are and how to defend against your charges. For assistance with this, please reach out to the Louisiana criminal defense attorney at the Law Offices of Philip B. Adams. What Factors Undermine a Field Sobriety Test There are several factors that undermine the accuracy of field sobriety tests. First, how someone performs each task can be influenced by many things outside of drugs or alcohol. For example, older adults and individuals with medical conditions or injuries may have balance problems that can make doing any tests incredibly hard. There are several studies on this exact thing, and there is evidence that once a person reaches the age of 40, they will struggle to perform these tests while sober. Individuals aged 40 and above who are sober can have similar results as those younger than 40 who are intoxicated with blood alcohol content at and above the legal limit of .08. Next, there is a natural bias that cannot be overlooked. An officer that already has in mind that the person they are pulling over is intoxicated may not have probable cause after the stop is made. As a result, they could opt to request a field sobriety test. Any misstep or error may be scrutinized more harshly in these instances. Speak to a Louisiana Criminal Defense Attorney Today Due to the fact that you do not have to take a field sobriety test and there can be inconsistencies with the results, it does make it essential for individuals who are pulled over to really think about agreeing to take one. It may be more detrimental to one’s situation than helpful. The adverse consequences of a DUI arrest and conviction are very serious. If you were arrested for a DUI in Louisiana, there could be strong defense strategies to fight your charges and, potentially, have them dropped. For more information and assistance with DUI defense in Louisiana, the Louisiana criminal defense lawyer at the Law Offices of Philip B. Adams can help. Call today to schedule a free consultation at 318-230-7199. The National Highway Traffic Safety Administration (NHTSA) reported that in 2020, there were 3,282 large truck crashes in the state of Louisiana. These incidents resulted in 90 fatalities and 2,675 injuries. The number of catastrophic large truck crashes increased the following year in 2021 to 3,847 crashes. That year, these accidents resulted in 127 fatalities and 3,145 injuries. It is clear that when a collision involves a large truck, there is a slim chance of escaping such an incident unscathed.
The physical bodily harm, loss of life, and other related expenses that happen in the aftermath of large truck accidents are significant. Victims that are harmed in a large truck crash could be owed considerable compensation for their losses specifically because heavy and massive trucks can inflict substantial damage. For assistance filing a truck accident claim in Louisiana, consulting with a local tort attorney experienced with complicated truck accident claims could be worthwhile. The Shreveport, LA, personal injury attorney at the Law Offices of Philip B. Adams knows how to manage complex commercial truck accident claims and can help you with yours. How Strict Deadlines Can Lead to Large Commercial Truck Crashes Large truck drivers often have packed schedules, and as their job involves driving, they must navigate ever-changing road situations. During a trip, they could be faced with traffic backups and congestion, or they may find themselves driving during inclement weather. Or, potentially, they have an issue with their big rigs, like a tire failure or other defect that has to be addressed. All of these things can be a pain to deal with, but more than that, they do one major thing to a truck diver. That is, put them behind schedule. Truck drivers often work on deadlines. Due to the pressure of such deadlines, a truck driver, even one that is a veteran operator, may decide to make bad decisions to get the goods they are carrying where they need to go on time. It is not uncommon for a driver that is battling a deadline to push forward regardless of what is happening around them. Bad weather may require slowing down or even pulling over for a time. However, under a deadline, a truck driver may not adjust their driving speed or take any time to stop and wait out inclement conditions. Or, perhaps unexpected hold-ups along the way may mean that a driver ignores the speed limits and drives excessively fast to make up time. All of these actions are dangerous to the driver and everyone else on the road. Trying to push the limits and make the deadline is a major problem in the trucking industry and one that is often behind poor driver judgments that lead to deadly crashes. Speak to a Louisiana Personal Injury Attorney Today If you were injured in a large truck crash in Louisiana, you are welcome to reach out and connect with the Louisiana personal injury attorney at the Law Office of Philip B. Adams to schedule a complimentary consultation at 318-230-7199. Have you ever wondered what happens if you’re in an accident and it’s partially your fault? Perhaps you were walking across the street when you were hit by a car, but the car had a green light, and you were walking across the street when you were not supposed to be. Are you simply out of luck, or can you still sue for your injuries? The answer to that question is that you can still pursue a civil suit for damages even if you are partially to blame. It is possible for more than one person to be responsible for an accident. Personal injury cases are not always clear-cut, and who is liable for the damages may be an issue that the trier of fact must determine.
What Happens If You Are Partially to Blame for Your Injuries? Louisiana is a comparative fault state and has a rule for what happens if you are injured in an accident for which you are partially to blame. Pursuant to LA Civ Code Art. 2323, if you or your loved one’s injury, death, or loss is the result “partly of your own negligence and partly as a result of the fault of another person or persons,” then you can still potentially recover. However, the amount of damages that you or your loved one may recover will be reduced “in proportion to the degree or percentage of negligence attributable” to you or your loved one. Thus, using the example from above, if you walk into the street when you are not supposed to and are hit by a car, you can still attempt to recover for your injuries. If you file a civil suit based on the situation and are found to be 30% liable for the accident, your award will be reduced by 30%. Therefore, if your award would have been $100,000.00, instead of $100,000.00, your award would be reduced by 30% to $70,000.00 based on you being 30% responsible for your injuries. Maybe you are partly to blame, but if it was not all your fault, you should not be completely penalized and in situations wherein you are damaged, some recovery is better than no recovery. It may be worth it to pursue a cause of action. This is why, and even if you have questions about whether an accident was partially your fault, you should consult with a Louisiana personal injury attorney to see if you have a case. A good lawyer can help you look at the facts of your case and help you or your loved one determine the best way to move forward. Call A Louisiana Personal Injury Attorney Today! If you or a loved one have been in a car accident or any other accident and you are unsure of whether you have a case because you may have been partly at fault, we can review your case and help you assess the situation. The lawyers at the Law Offices of Philip B. Adams are experienced Louisiana accident attorneys. We are located in Shreveport, Louisiana, and have represented clients in personal injury cases throughout the state of Louisiana. If you want to learn more information about our firm or about your case, do not hesitate to contact us to set up a consultation. Finding a job can be a task in and of itself, but it can be increasingly difficult if you have a criminal background. However, if you have an arrest or conviction in your background, in certain instances, there is something that you can do that may make your job search a little bit easier. In limited circumstances, you can request an expungement of your arrest or conviction records. If an arrest or criminal record is expunged, it is removed from public access and is no longer considered a public record. The record will not be destroyed, but it becomes confidential.
Who Can Access the Records and Potentially Disclose them? Group A · Notably, upon written request, the record(s) can still be accessed and utilized by law enforcement, criminal justice agencies, and other statutorily defined agencies for investigative, enforcement, or prosecution purposes. · Additionally, the records may be made available on order of a court of competent jurisdiction and after a contradictory hearing for good cause shown. · Also, the records can be made available to you or your attorney if your record was expunged. · Moreover, upon written request indicating that the record is to defend a civil suit and is necessary for a proper defense, it can be made available to a judge, prosecutor, member of a law enforcement or criminal justice agency. Can Anyone Else Access the Records? Group B · Upon confidential written request, the information contained in an expunged record can be released to certain entities who must maintain the confidentiality of such record: a. the Office of Financial Institutions, b. the Louisiana State Board of Medical Examiners, c. the Louisiana State Board of Nursing, d. the Louisiana State Board of Dentistry, e. the Louisiana State Board of Examiners of Psychologists, f. the Louisiana Board of Pharmacy, g. the Louisiana State Board of Social Work Examiners, h. the Emergency Medical Services Certification Commission, i. Louisiana Attorney Disciplinary Board, j. Office of Disciplinary Counsel, k. the Louisiana Supreme Court Committee on Bar Admissions, l. the Louisiana Department of Insurance, m. the Louisiana Licensed Professional Counselors Board of Examiners, n. the Louisiana State Board of Chiropractic Examiners, o. or any person or entity requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1 or as otherwise provided by law. Benefits of Expungement As previously indicated, if your record is expunged, it becomes confidential and not accessible to the general public. Additionally, if your record has been expunged you do not have to tell any person that is not identified in group A that you were arrested or convicted of the offense for which the records were expunged. Furthermore, you do not have to tell them you had an expunged record. The confidentiality of having your criminal record expunged can lead to new possibilities for employment and more. So, What Do You Need to Do? If you need an expungement or have an arrest or criminal conviction that you would like expunged from your record, to do so, you will need to file the appropriate motion to expunge. Please note that if you are currently incarcerated, you cannot seek an expungement. However, if you are not currently incarcerated and have a criminal history that is preventing you from obtaining employment or hindering you in any way, you should contact a Louisiana criminal defense attorney to discuss the possibility of receiving an expungement. Call The Law Offices of Philip B. Adams Today The Law Offices of Philip B. Adams are experienced criminal lawyers in Louisiana who understand that difficulty finding a job is often a collateral consequence of a criminal arrest or conviction. That’s why our firm has worked to provide an opportunity for relief to individuals throughout the state of Louisiana. If you want to learn more information about our firm, feel free to contact us to set up a consultation. |