What Qualities Make a Well-Experienced Defense Lawyer?

If you have been charged with a crime, you should consider hiring a well-experienced defense lawyer in Baton Rouge, Louisiana, to help you get those charges dropped, dismissed, or reduced before trial, present the best possible defense at trial, and, if necessary, present mitigating evidence for a reduced sentence. Determining which criminal defense attorney is right for you, and how to retain that attorney’s services, may feel overwhelmingly difficult to you. Over the past ten years, there has been an almost 20% increase in the US lawyer population. What is the best way to locate a local attorney when there are so many of them? Well, you must first know what traits to look for in an attorney.

If you have been arrested and charged with a crime, contact a knowledgeable and experienced defense lawyer as soon as possible. With years of expertise defending clients against all kinds of criminal accusations, David E. Stanley, APLC, will bring high energy and maximum effort to secure the best outcome for your case.

Are You Looking for a Well-Experienced
Defense Lawyer in Baton Rouge, LA?
Contact David E Stanley, APLC,

Qualities to Look For in a
Criminal Defense Attorney

Here are the qualities to look for in a well-experienced criminal defense lawyer in Baton Rouge, Louisiana. By keeping these qualities in mind, you can find a trustworthy lawyer. Choosing a well-experienced defense lawyer can assist you in avoiding or reducing jail time, so you must find the absolute best.

  • Qualified

The most qualified criminal defense attorney in your area will have finished three years of legal education and focus solely on criminal defense. They will be authorities in criminal process, legal writing, and research. Additionally, your lawyer ought to be well-versed in the criminal justice system. After graduating from law school, your attorney ought to have been admitted to the bar in your state. They could also be accepted to the bars of more US District Courts. Be bold and inquire about your lawyer’s educational background, area of expertise, and area of specialization.

  • Experience

Looking up a lawyer’s area of expertise on their website is an excellent way to determine if they are a good fit for your particular criminal charges. Is “criminal defense” one of the practice areas mentioned? You can also find out from potential attorneys what kind of cases like yours they have handled. Can they provide an example of someone who is going through anything similar? What was the result, and how did they approach it? Find out from your attorney what proportion of their cases are related to criminal defense. How frequently does the defendant get a favorable outcome in these cases? You should be able to tell from your lawyer’s responses how much experience they have defending people in comparable circumstances.

  • Good Judgment and Ethics

Think about the ethics of each criminal defense lawyer you are researching. Can you trust them? Usually, it’s hard to know after just one consulting session. Instead, look them up online to see if they have an ethics code. Here are some guidelines:

  • Verify whether any complaints have been made against them.
  • Have they received a lot of negative reviews?
  • Have they had any issues with the state bar where they currently practice or formerly practiced?
  • Have any complaints been made against them? To learn more about the attorney’s reputation, check out the website of the state bar association in which they practice.
  • Are they a member of the Better Business Bureau?
  • Additionally, you read internet reviews. Reviews are available for their Google My Business and Better Business Bureau listings. 

Locating a well-experienced defense lawyer with high moral standards that you can trust to do right by you is crucial. Select a reliable person. What about their assessment? Look for an attorney who can quickly form an opinion after hearing the other side’s case. Your case may succeed or fail based on their quick thinking. 

  • Empathetic but Proactive

Empathetic and proactive may seem like an odd combination, but both are often necessary and appropriate in criminal defense. Selecting a lawyer solely interested in collecting a lower fee for a quick guilty plea is not advisable. They may not be concerned about your well-being and best interests, and may not do the work necessary to properly investigate and evaluate your case to uncover all of the defenses and options available to you.. Some attorneys may recommend that you accept an undesirable plea to avoid the time and expense of taking your case to trial. Instead, seek out a lawyer who genuinely cares about you and is empathetic to your problems and concerns. Being accused of a crime is a complex and frequently frightening process. Your safety and well-being should be your lawyer’s top priority. They can even assist in preserving your privacy by shielding you from exposure in the public eye. Sometimes, proactive tactics are also essentia and necessary in criminal proceedings. A lawyer who is committed to actively fighting for you and your legal rights, rather than sitting back and reacting to the actions of the prosecutor,  is what you need. Are they ready to defend you? Will they take proactive steps to improve your defense case? Taking quick action to implement a strong defense strategy at the appropriate moment may lead to a more favorable resolution of your case. 

  • Honest About Fees

Most criminal defense lawyers charge a fixed fee for their legal services or, in some cases, may charge for their time at their hourly rate for all time spent working on your case. In addition to the attorney’s fee, the client is also responsible for paying all of the case costs.  The type of fee charged, and the total amount of the attorney’s fee for the representation depends on a number of factors.  Some of these factors are the total number of charges filed against you, the severity of those charges, and the amount of time necessary for your lawyer to properly defend you on those charges. 

Sometimes, a less experienced and less expensive lawyer may be the best choice to handle your case particularly if you are charged with a misdemeanor, a relatively low level felony offense, or if you are on a very limited budget.  However, if you are charged with a serious felony charge such as murder, manslaughter, rape or any other sex crime, kidnaping, arson, armed robbery, home invasion, manufacturing or distribution of drugs or narcotics, or similar offenses, hiring a less experienced lawyer who charges the lowest fee may not be the best choice.  Hiring an aggressive and experienced defense lawyer who is willing and capable of fighting your charges in court to help you reach your desired outcome is a much better investment that may help shield you from the life altering consequences resulting from a conviction of a serious felony charge. 

  • Strong Negotiating Skills

Selecting a defense lawyer with excellent negotiation skills is essential. Not every situation is clear-cut, so you’ll need a lawyer to assist you in negotiating for the best result. Your interactions and experience with them will give you a sense of how skilled they are in this area.

  • Great Communication

It can be challenging for those outside the legal community to comprehend technical legal jargon and court procedures. A competent attorney can clearly explain them to you and provide you with the information you need to understand them. Additionally, they will answer your calls, emails, and queries promptly. Make sure your lawyer is aware of any preferred communication methods you may have. 

Frequently Asked Questions 

When Should I Hire a Criminal Defense Attorney in Louisiana? 

You should hire a criminal defense attorney in Louisiana as soon as you become aware that you may be charged with a crime. This includes if you believe you are under investigation for a crime or in connection with a crime.

What Type of Cases Does David E. Stanley, APLC Handle in Louisiana?

Mr. Stanley handles complex or serious felony criminal cases in all federal and state courts in Louisiana including, but not limited to, murder, manslaughter, homicide, arson, kidnaping, sex crimes, manufacture and distribution of drugs, narcotics, and other controlled dangerous substances, money laundering, firearms and weapons crimes, RICO and white-collar crimes, and other serious felony crimes. 

Can a Criminal Defense Lawyer Get My Criminal Charges Dropped or Reduced?

A criminal defense lawyer may be able to help get your criminal charges dropped, dismissed, or reduced and assist you with developing mitigation evidence for use in seeking a reduced sentence.  This is because a qualified criminal defense attorney will work hard to achieve the best possible outcome for your case. While no guarantees can be made, they may negotiate for reduced charges, dismissals, or favorable plea deals.

Can I Appeal a Conviction or Sentence in Louisiana?

Yes, you can appeal a conviction or sentence. Consult with an appellate attorney to explore the grounds and process for filing an appeal.

 

A Well-Experienced
Defense Lawyer in Louisiana

Are you seeking a qualified and well-experienced defense lawyer in Baton Rouge, Louisiana? Look no further than David E. Stanley, APLC. David Stanley is a criminal defense lawyer in Baton Rouge, LA. David E. Stanley, APLC, is energetic and works hard to ensure that each client receives the best possible outcome. Contact David Stanley today to discuss your criminal case and get started taking back your life. 

Call David E. Stanley, APLC, at (225) 926-0200 Today

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200

 

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What to Assess When Choosing a Drug Crime Lawyer?

Drug Crime Lawyer

Drug crimes have severe penalties in Louisiana. A drug conviction can have a significant negative influence on your life. It might result in job loss, make it challenging to find new employment, or even cause you to lose custody of your children. These are only a handful of the legal consequences of felony drug convictions. When selecting a drug crime lawyer who can adequately manage your drug case, you must pick one who is skilled, informed, and reliable. Here’s where David E. Stanley, APLC’s drug crime attorney, may assist you. 

Consult a Drug Crime Lawyer
Call David E. Stanley, APLC

The Factors to Consider When Hiring a
Drug Crime Lawyer in Louisiana

When hiring a drug crime lawyer in Louisiana, several vital factors should be considered to ensure you secure the proper legal representation for your case. Louisiana, like many states, has stringent drug laws, and navigating through legal complexities requires expertise. Here are the key considerations that can guide you in making an informed decision when selecting a drug crime lawyer.

  • Experience and Expertise

One of the paramount factors to consider is the lawyer’s experience handling drug crime cases. Look for a criminal defense lawyer who is focused on drug-related offenses. This expertise is vital as drug cases can involve intricate legal issues, including search and seizure laws, evidence admissibility, and understanding the specific drug statutes in Louisiana.

  • Knowledge of Louisiana Drug Laws

Louisiana has its own set of drug laws that can vary from federal regulations. A knowledgeable drug crime lawyer should be well-versed in state and federal drug laws to build a robust defense strategy. Understanding the nuances of Louisiana’s Controlled Dangerous Substance (CDS) laws and penalties is essential for effective representation.

  • Track Record of Success

Review the lawyer’s track record in handling drug crime cases. Success in similar cases indicates the lawyer’s competence and ability to navigate the complexities of drug-related legal proceedings. A drug crime lawyer with a history of securing favorable outcomes for clients facing drug charges will likely be better at handling your drug crime case effectively.

  • Client Reviews and Testimonials 

Seek feedback from previous drug crime clients to gain insights into the lawyer’s reputation and client satisfaction. Reviews and testimonials can offer good information about the lawyer’s communication skills, responsiveness, and effectiveness in handling drug crime cases. 

  • Communication Skills

Effective communication is crucial in legal proceedings. Ensure the drug crime lawyer you choose is knowledgeable and can communicate complex legal concepts clearly and understandably. A drug crime lawyer with solid communication skills will keep you informed about the progress of your case and explain legal options in a way you can comprehend.

  • Availability and Accessibility

Consider the lawyer’s availability and accessibility. Legal matters can be time-sensitive, and having a drug crime lawyer who can promptly respond to your queries and address concerns is vital. Clarify the expected response times and communication channels to ensure understanding.

  • Client-Attorney Privilege

Ensure the lawyer respects and upholds client-attorney privilege. Trust and confidentiality are crucial in legal matters, and a lawyer who values the sanctity of this privilege will create an environment where you can openly discuss details of your case without fear of unauthorized disclosure.

  • Negotiation Skills

Many criminal cases, including drug crimes, are resolved through negotiations. A skilled negotiator can secure a more favorable plea deal or reduced charges. Assess the lawyer’s negotiation skills and ability to work with prosecutors to achieve the best possible outcome for your case.

  • Local Court Experience

Familiarity with Louisiana local court procedures and personnel can be advantageous. A lawyer with experience in Louisiana’s court system may have insights into local judges, prosecutors, and court practices, potentially influencing the outcome of your case.

Hiring a drug crime lawyer in Louisiana demands a thoughtful and thorough approach. Considering the above factors, you can raise your chances of securing competent legal representation tailored to the state’s unique complexities of drug-related offenses. Remember, the right drug crime lawyer can make a significant difference in the outcome of your drug crime case, and investing time in selecting the appropriate legal counsel is a crucial step in safeguarding your rights and future.

Frequently Asked Questions 

What Is a Drug Crime Defense Attorney?

A drug crime lawyer can help you present your case effectively and truthfully to obtain the best outcome or sentence possible. Even if you may not be able to ultimately avoid a conviction or guilty plea, getting assistance from someone who can strengthen your case or present mitigating evidence to lower the charge may help you achieve a more favorable outcome or a lighter sentence. 

What Do Drug Crime Defense Attorneys Do?

Drug defense attorneys have an extensive understanding of the legal system, allowing them to represent you effectively. Furthermore, a lawyer focusing exclusively on drug charges would undoubtedly know how to act, what to say, and how to behave in court. They will also be able to counsel you on these matters.

What Types of Drug Offenses are Common in Louisiana, and How can a Specialized Lawyer help?

A drug crimes lawyer can help by knowing the specific types of drug offenses that are common in Louisiana. Louisiana deals with various drug offenses, including possession, cultivation, manufacture, distribution, and trafficking. A specialized lawyer can navigate these charges, building a defense tailored to the specific allegations made against you and the particular charges filed by the district attorney.

What Are the Defenses against Drug Crime?

The most common defenses against drug crime are:

  • The drug found was the product of an unlawful search and seizure by law enforcement officers.
  • The seized narcotics belonged to someone else—perhaps a friend or roommate.
  • The material you were found to possess was bunk and not, according to the crime lab analysis, a controlled dangerous substance. .
  • The drugs have been lost or destroyed (i.e. the police misplaced them).

 

Trustworthy Drug Crime Attorney

David E. Stanley devotes time and effort to developing the most comprehensive defenses possible for the benefit of its clients. Mr. Stanley has handled drug cases and can provide the attention, direction, and assistance you need to navigate this stressful procedure. If you need a trustworthy drug crime lawyer, contact David E. Stanley, APLC. 

Call David E. Stanley, APLC, at (225) 926-0200 Today

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200

 

judge's gavel

What to Expect When Facing Felony Assault Charges in Louisiana

An assault in Louisiana occurs when someone tries to injure another person physically (a battery); an example of this would be missing a strike with a hand or item. Any deliberate act or threat of action that justifiably makes someone fear that violence may break out can also be considered an assault. The assault laws of Louisiana apply to activities that involve threats of violence or attempted battery. When the defendant targets particular victims or the potential of injury increases, assault charges can go from misdemeanors to felony assault charges. 

As soon as the arrest is made, you should speak with an assault attorney if charged with assault in Louisiana. It will be your best opportunity to achieve the optimal outcome. You will benefit in your circumstances if you have legal representation. While you wait for your trial, the lawyer can assist you with every legal matter. Hiring a lawyer may result in a dismissal of the charge, a reduced sentence, and ultimately work to your advantage in keeping an arrest or conviction off of your record. For this reason, contact dedicated lawyer David E. Stanley, APLC, who will work hard on your behalf.

David E. Stanley, APLC, focuses his practice on felony charges, including assault charges, and we will help you improve your chances of a successful outcome prior to, amd during, your trial. It will help the process move along quickly and make your life easier. Sure, you made a mistake, let him help you. 

To Schedule An Appointment,
Contact David E. Stanley, APLC at (225) 926-0200 Today

What to Expect When Facing
Assault Charges in Louisiana

Here is what you can expect to take place if assault charges are filed against you.

man in handcuffs
  • The Arrest

The only things you are legally required to give the police when you are detained are your name and address. Without an attorney present, you have the right to silence and to refuse to answer any questions. Tell the cops you want an attorney if they want to question you. Wait until your lawyer arrives before answering any of their questions and do not volunteer any information to them.  Remain silent until your lawyer arrives to meet with you.

Some people believe that they won’t say anything that incriminates them or undermines their case, or that will be helpful or advantageous to the prosecution. Frequently, this does more harm than good. In Louisiana, you’ll probably have to pay bail to be released from jail after being arrested on assault charges. You will be detained throughout the court proceedings if you cannot post a bond.

  • Probable Cause Determination

Within 48 hours of your arrest, the probable cause determination is made; it may happen without your presence or that of your attorney. The district attorney and a judge will conduct the hearing to ascertain whether there is probable cause to support your arrest.

  • First Appearance: Bond Hearing

Your first appearance  before a judge will be to set your bond hearing and determine if you have legal counsel.  If you are charged with a felony, and cannot afford counsel, the court will appoint counsel for you. Your bond determination will now consider the specifics of the alleged attack, your past criminal history, and the possibility that you may appear in court for additional hearings.

  • District Attorney Reviews Case

The district attorney’s office will examine the case file after the arrest and bond hearing to determine whether to press formal charges. If you are detained, the district attorney must file a bill of information or indictment on a misdemeanor offense within 45 days of your arrest. They have 60 days following the arrest if it is a felony assault charge.

If you are freed on bond, the district attorney has ninety days to file a misdemeanor bill of information or indictment. For felony assault charges, they have 150 days to submit documentation. The district attorney must release you from custody if they do not file charges against you within the allotted period. They can only keep you in custody if the government explains the holdup.

Lawyer arraignment
  • Arraignment

An arraignment occurs following the filing of charges by the District Attorney. When you and your lawyer arrive in court, you will formally enter a plea, typically “not guilty.” 

  • Plea Bargain

The district attorney and your lawyer will probably negotiate a plea deal while the case is still pending. The aim is to find a solution that satisfies you, your attorney, the district attorney, and the judge. Plea agreements are reached when the parties consent to a lesser charge, reduced punishment, or when some of the charges are dismissed before trial or reduced to a lesser charge with less severe penalties. The plea agreement settles the criminal case without a trial.

  • Trial

The court will schedule a trial if your attorney and the district attorney cannot reach a mutually agreeable plea deal. A judge will preside over the trial when misdemeanor assault charges are brought. A judge or jury may preside over your trial if charged with a felony. A judge alone decides all questions of law and fact in a judge trial, including whether you are guilty or innocent of the offense.

When a jury is used in a trial, the judge decides all legal issues while the jury considers factual issues, such as guilt or innocence. The day the district attorney files the indictment or bill of information marks the start of the clock on your right to a prompt trial. If you are charged with a capital offense, your trial must happen in three years. For felony assault charges, the trial must be held within two years, and for a misdemeanor, within one year.

  • Sentencing

The parameters of your penalties, probation, or jail time are outlined during sentencing when you accept a plea deal or are found guilty by a judge or jury. Sometimes, a plea deal is pre-arranged with the judge and district attorney before the plea. Your criminal history and the present conviction will determine your sentence.

Assault is a misdemeanor; it is sometimes known as simple assault. According to La. R.S. 14:38, the punishment for this offense is a fine of up to $200, imprisonment  for not more than 90 days, or both. 

La. R.S. 14:37 provides that aggravated assault is an assault committed with a dangerous weapon The maximum penalty for this crime is $1,000 in fines and up to six months in prison. The only exception is that,, if the assault occurs against a retail employee during the commission of a robbery or attempted robbery, the minimum punishment is 120 days to six months in jail and a fine of up to $1,000.

La. R.S. 14:37.4 defines aggravated assault with a firearm as an assault committed with a firearm. A “firearm” is defined as an instrument used in the propulsion of shot, shell, or bullets by the action of gunpowder exploded within it.   The penalty for aggravated assault with a firearm is a fine of not more than $10,000 or imprisonment for not more than 10 years, with or without hard labor, or both. 

Frequently Asked Questions 

How Can Legal Representation Help in Felony Assault Cases?

Legal representation can help in felony assault cases by playing a crucial part in building a robust defense, navigating legal processes, and protecting the accused’s rights. Experienced attorneys can explore defenses, negotiate plea deals, and advocate for the best possible outcomes.

Hire David E. Stanley, APLC, if You Are
Facing Felony Assault Charges in Louisiana

If you or a loved one are arrested on assault charges, you need to contact an attorney right away. Assault charges carry differing penalties, depending on the facts of the case, whether a dangerous weapon was used. Negotiating the court system can be challenging. A criminal defense attorney is familiar with the law, the criminal process, and will negotiate the best plea bargain possible or go to trial with you.

Many people wait to see what will happen, hoping the problem will disappear because they are innocent. Avoid making this catastrophic mistake. Regardless of whether you believe that you are guilty or innocent, David E. Stanley, APLC, will fight to achieve the best outcome possible on your behalf. Contact him now to schedule a consultation and get him working on your case.. 

Call David E. Stanley, APLC, at (225) 926-0200 Today

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200

 

Navigating the Storm: Your Guide to Preparing for Criminal Charges

Navigating the Storm: Your Guide to Preparing for Criminal Charges

By David E. Stanley, APLC

Facing criminal charges can be one of the most daunting experiences a person can endure. However, with the right guidance and preparation, it’s possible to navigate through this challenging time and emerge with the best possible outcome.

In this blog post, I will outline the essential steps to take when criminal charges have been filed against you, ensuring you’re equipped to face the legal storm ahead with confidence and resilience.

Secure Yourself: Find the Right Defense Attorney

  • Understand the importance of hiring a skilled and experienced criminal defense attorney.  Not all lawyers focus their practice on defending people charged with serious felony crimes. They also do not have the same level of knowledge, expertise, and trial experience.  While everyone has a budget, hiring the lawyer who charges the least is not the best strategy, especially if you are charged with a serious felony charge that carries substantial or mandatory terms of imprisonment, substantial fines, registration as a sex offender, or other life changing consequences.  
  • To find the best attorney for your case, find out if they focus their practice on felony criminal defense, research their background, and check their experience and track record.

Decipher the Allegations: Understand Your Charges

  • Have your lawyer break down the charges filed against you, and clearly explain the defenses available, all of the legal implications, and the potential consequences.
  • Have your lawyer clearly explain how the criminal justice system works and what to expect during court proceedings.

Gather Your Arsenal: Collect Evidence and Information

  • Make sure that you understand the importance of gathering all relevant documents, evidence, and information related to your case.
  • Discuss with your attorney what evidence may benefit your defense, such as witness statements, alibis, and corroborating documents.

Silence Is Golden: Exercise Your Right to Remain Silent

  • Know your constitutional right to remain silent and the importance of not speaking to law enforcement without your attorney present.
  • Understand strategies for protecting your rights and avoiding self-incrimination during police questioning.

Craft Your Strategy: Develop a Defense Plan

  • Work with your attorney to develop a customized defense strategy tailored to the specifics of your case.
  • Discuss potential defense tactics, such as pretrial motions to quash your charges, or suppress evidence, negotiating plea deals, or preparing for trial.

Navigate the Legal Waters: Understand Court Proceedings

  • Gain an understanding of the various stages of the legal process, from arraignment to trial.
  • Understand the roles of key players in the criminal justice system, including judges, prosecutors, and defense attorneys.

Stay Informed and Empowered: Keep Up with Your Case

  • Stay informed about developments in your case and maintain open communication with your attorney.
  • Stay organized and proactive throughout the legal proceedings.

Count the Costs: Consider Potential Consequences

  • Discuss the potential consequences of different outcomes, including the impact on your personal and professional life.
  • Make informed decisions about how to proceed based on your circumstances and priorities.

Keep Your Secrets Safe: Understand Attorney-Client Privilege

  • Remember the importance of maintaining confidentiality and not discussing your case with anyone other than your attorney.
  • Understand the concept of attorney-client privilege and how it protects your communication with your lawyer.

Weather the Storm: Stay Positive and Resilient

  • Stay positive during the ups and downs of the case. 
  • Obtain resources for managing stress and maintaining mental well-being throughout the legal process.

Facing criminal charges can be overwhelming, but with the right guidance and preparation, you can navigate this difficult time with confidence and resilience. By following the steps outlined and working closely with a qualified defense attorney, you can position yourself for the best possible outcome and emerge from the storm stronger than ever. Remember, you’re not alone – Experienced criminal attorneys are there to help you every step of the way. If you are charged with a serious felony charge such as murder, manslaughter, distribution of narcotics, sex crimes, home invasion, carjacking, or any felony crime, I will fight to achieve the best possible outcome for you. Contact me now to schedule a consultation and start getting your life back to normal.

Call David E. Stanley, APLC now at (225) 926-0200  

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200

 

What Is Carnal Knowledge of a Juvenile in Louisiana?

Carnal knowledge of juveniles is a criminal offense in Louisiana that can be charged as either a felony or misdemeanor. Felony carnal knowledge of a juvenile is committed when (1) a  person 17 years of age or older has sexual intercourse, with consent, with a person who is 13 years of age or older but less than 17 years of age, when they are not married and when the difference between their ages is 4 years or greater; or (2) a person commits a second or subsequent offense of misdemeanor carnal knowledge of a juvenile, or when a person who has been convicted of a crime for which the offender is required to register as a sex offender and then commits a first offense of misdemeanor carnal knowledge of a juvenile.  For purposes of the crime of felony carnal knowledge of a juvenile, “sexual intercourse” means anal, oral, or vaginal sexual intercourse.  Lack of knowledge of the juvenile’s age is not be a defense. Emission is not necessary, and penetration, however slight, is sufficient to complete the crime.  

Whether or not the two were in a love relationship with plans to be married or go to high school together is irrelevant to the law. In Louisiana, the legal age of consent for sexual activity is 17, which means that anyone under that age cannot lawfully consent to sexual activity. It is the reason you should hire legal counsel and treat a charge of felony carnal knowledge of juveniles very seriously under Louisiana law.

David E. Stanley, APLC, can use his in-depth legal experience to create a customized defense for your case. He is aware of the seriousness of being charged with a sexual offense. David Stanley has represented individuals charged with serious sex crimes in Louisiana and has a proven record of successful outcomes for his clients. Contact him today to discuss your legal options.

Call David E. Stanley, APLC at (225) 926-0200 Today

What You Need to Know About
Misdemeanor Carnal Knowledge of a
Juvenile in Louisiana

Misdemeanor Carnal Knowledge of a Juvenile
  • What Is Misdemeanor Carnal Knowledge of a Juvenile?

The following circumstances constitute the offense of “misdemeanor carnal knowledge of a juvenile,” according to Louisiana’s Revised Statutes, Section 14:80.1:

Misdemeanor carnal knowledge of a juvenile is committed when a person who is 17 years of age or older has sexual intercourse, with consent, with a person who is 13 years of age or older but less than seventeen years of age, and who is not the spouse of the offender, and when the difference between the age of the victim and age of the offender is greater than 2 years, but less than 4 years. 

fist and woman crying
  • What is The Difference Between Misdemeanors and Felony Carnal Knowledge of a Juvenile?

The age difference between the perpetrator and the victim is the primary distinction between misdemeanor and felony “carnal knowledge of a juvenile” charges. It is a misdemeanor if the victim and the perpetrator are two or three years apart in age. Nonetheless, it is a felony if the age gap is four years or more.

  • What are the Legal Penalties for Carnal Knowledge of Juvenile Offenses?

R.S. 14:80.1 states in Sections D and E that the penalty for misdemeanor carnal knowledge of a juvenile is a fine of not more than $1,000, or imprisonment for not more than 6 months, or both. However, the offender is eligible to have his conviction set aside and his prosecution dismissed in accordance with the appropriate provisions of the Code of Criminal Procedure. Additionally, the offender shall not be subject to any of the provisions of law which are applicable to sex offenders, including but not limited to the provisions which require registration of the offender and notice to the neighbors of the offender.

  • According to Section D of R.S. 14:80, the penalty for felony carnal knowledge of juveniles is a fine of not more than $5,000, or imprisonment, with or without hard labor, for not more than 10 years, or both. Further, the defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with the provisions of Code of Criminal Procedure Article 893.
  • What Age Can a Person Consent to Sex in Louisiana?

In Louisiana, lawful consent to sexual activity is restricted to those who are 17 years of age or older. It’s also crucial to remember that any sexual acts—such as sexting, touching, and other non-penetration-related sexual acts—performed on someone younger than this age are illegal, according to La. R.S. 14:81, the state’s regulations on “indecent behavior with juveniles,” it is even illegal to perform sexual acts in front of an underage person, even if the underage person did not engage in the sexual acts.

Frequently Asked Questions 

What Is the Statute of Limitations on Carnal Knowledge of a Juvenile in Louisiana?

In Louisiana, the statute of limitations for felony carnal knowledge of a juvenile is thirty years as provided by Louisiana Code of Criminal Procedure Article 571.1. This thirty-year period begins to run when the victim reaches 18 years of age.

For misdemeanor carnal knowledge of a juvenile,  Louisiana Code of Criminal Procedure Article 572 provides that, unless the prosecution is instituted within 2 years after the offense has been committed.  However, prosecutions for any sex offense may be commenced beyond this time limitation if the identity of the offender is established after the expiration of such time limitation through the use of a DNA profile. A prosecution under the exception must be commenced within three years from the date on which the identity of the suspect is established by DNA testing. This exception has retroactive application to crimes committed prior to June 20, 2003. 

Should You Work With a Criminal Defense Lawyer in Louisiana?

It is highly recommended that you work with a knowledgeable and experienced criminal defense lawyer if you are charged with carnal knowledge of a juvenile in Louisiana. In most cases, a criminal defense lawyer can help you avoid or lessen penalties by guiding you through every stage of the legal process. In addition to speaking on your behalf, your attorney can gather, evaluate, and introduce favorable evidence on your behalf, prepare and submit pretrial motions on your behalf seeking to quash the charges or suppress the evidence against you, and improve your odds of a successful outcome

You should not attempt to represent yourself in court, especially if you are charged with a felony sex crime. Legal representation from a licensed criminal defense lawyer will assist you in avoiding mistakes that could result the severe and expensive consequences. David E. Stanley, APLC, can assist and defend your rights.

Criminal attorney checking documents

Carnal Knowledge of a
Juvenile Defense Attorney in Baton Rouge, LA

A conviction of carnal knowledge of a juvenile in Louisiana can leave you with a felony criminal record and make it difficult for you to find work or housing in some places. When facing misdemeanor or felony charges for having sex with a minor, you should act quickly to get legal counsel.

David E. Stanley, APLC, brings years of experience and expertise in criminal defense and a thorough understanding of the laws regarding sex crimes in Louisiana. His services are unparalleled because of his meticulous attention to detail and trial preparation, demonstrated by the outcomes he consistently obtains for his clients. Bring your case to David Stanley and let him do the rest. Contact him today to schedule a defense strategy session.

Call David E. Stanley, APLC, at (225) 926-0200 Today

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200

 

drug charge attorney

Effective Defense Strategies, According to a Drug Charge Attorney

Drug Charge Attorney

Facing drug charges in Louisiana can be a daunting and frightening situation. A conviction can have serious legal consequences, ranging from fines to jail time. However, it’s critical to remember that persons charged with drug charges have plausible defenses. 

Drug Charge Attorney David E. Stanley, APLC, knows numerous techniques that may be used as effective defenses against drug accusations in Louisiana. As an experienced lawyer, he fights for his clients and mounts a strong defense against allegations.

To Schedule An Appointment,
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Understanding Defenses to Drug Charges in Louisiana

It’s critical to grasp the various sorts of drug accusations in Louisiana. Common drug charges include possession, distribution, production, and trafficking. Each offense has a distinct penalty, and the defense approach can be altered based on the facts of the case. Here are some defenses a drug charge attorney can use for your case.

  • Innocence

Sometimes, a furious partner or ex-spouse tries to undermine a reliable spouse. Parents engaged in contentious divorces or custody disputes have been known to manipulate children into saying one parent “touched” them in a specific manner or to insinuate molestation in other ways to obtain an edge in a custody court. Regardless of the objective facts or the absence of tangible evidence, well-meaning parents, police officers, prosecutors, and other legal system personnel who saw themselves as champions for the child victim may provide coaching to children.

  • Unlawful Search and Seizure

The Fourth Amendment to the United States Constitution protects citizens from unwarranted searches and seizures. So, one effective defense is questioning the legitimacy of the search and seizure that led to the finding of the accused narcotics. Any evidence obtained during a search without a proper warrant, consent, or reasonable cause may be declared inadmissible in court. If the search was illegal, key evidence might be excluded, significantly undermining the prosecution’s case.

  • Chain of Custody Issues

The phrase “chain of custody” refers to the chronological documentation and proper management of evidence from its seizure until it is presented in court. It can be a practical defense approach if disparities or issues regarding the chain of custody exist.

Your drug charge attorney may dispute whether the evidence was handled, kept, and transferred correctly. Any gaps or irregularities in the chain of custody might raise reasonable doubt about the validity of the evidence, potentially leading to its removal from the trial.

  • Lack of Knowledge or Possession

Another typical defense approach is to claim that the accused was aware of the existence of drugs or did not have control over them. Attorneys may contest the evidence by establishing that the narcotics were not in plain sight, were found in shared areas, or belonged to someone else. Lack of knowledge or control over the drugs might raise reasonable doubts about the accused’s guilt.

  • Medical Necessity

Individuals may possess restricted drugs for valid medicinal reasons in some situations. A defense tactic is demonstrating that the accused has a legitimate prescription for the medications in question. Attorneys can provide medical papers, prescriptions, or expert testimony to prove that the accused’s possession of the substances was legal and required for their health.

  • Miranda Rights Violation

If law enforcement fails to advise the accused of their Miranda rights during the arrest, any comments or admissions made by the subject may be inadmissible in court. Attorneys can investigate whether the accused received proper rights instruction and made self-incriminating remarks before the Miranda warning. Such a violation might affect the admissibility of arrest statements.

  • Entrapment

Entrapment happens when law enforcement influences someone to commit a crime they would not have done otherwise. This defense approach entails establishing that the accused was pressured, enticed, or duped into engaging in illicit conduct by law enforcement or an informant. Attorneys may acquire evidence, such as undercover recordings or witness testimony, to show that the accused was not inclined to commit the crime and only did so due to excessive pressure or manipulation.

  • Challenge Lab Analysis and Forensic Evidence

Attorneys may raise concerns about the accuracy of drug testing methodologies, the competence of forensic analysts, or the management of samples. Defense counsel may undermine the prosecution’s case by calling into question the scientific validity of the evidence. This defense is essential when the amount or kind of drugs significantly impacts the severity of the charges.

Being charged with a drug violation in Louisiana can be a frightening experience, but learning suitable defense methods is critical for a fair legal fight.

What Are The Qualities of a Good Drug Charge Attorney?

Having a reliable drug defense lawyer is crucial in winning the case. Individuals facing drug charges in Louisiana should speak with a knowledgeable and experienced drug charge attorney who can examine the circumstances of their case and establish a personalized defense plan. Here are the qualities a reasonable drug charge attorney shall possess:

  • Skill and Experience

Look for criminal defense lawyers who have successfully defended drug cases. A professional attorney familiar with Louisiana’s drug laws can handle your case’s intricacy. Find out the lawyer’s experience dealing with Louisiana’s drug production, manufacturing, or trafficking. 

  • Local ties and knowledge

Louisiana’s legal system is unique. Thus, a local drug charge attorney may be helpful. Local attorneys know local courts, Louisiana’s prosecutors, and law enforcement. This knowledge will help them adapt their defense strategy to local law.

  • Record and Reputation

Consider how well the attorney gets clients’ outcomes. Check Louisiana drug charge attorneys’ reputations and track records. Look for online reviews, client feedback, and publicized successes or notable incidents. Attorneys with solid reputations are skilled and competent.

  • Communication Clarity and Transparency

A responsive attorney shows commitment to your case and can reduce stress at a difficult time. Choose an attorney who communicates well, updates you on your case, explains legal concepts in layperson’s terms, and answers questions swiftly. 

Also, talk with a confident and skilled courtroom attorney who can present layman, cross-examine witnesses, and respond to unexpected trial events, boosting the probability of a successful conclusion.

  • Recommendations 

 Hearing from individuals who faced comparable drug charges and successfully handled the legal process with a specific attorney will help you understand what to anticipate. Friends, relatives, and other attorneys can recommend reliable and competent lawyers.

With the correct legal representation, you can confidently face Louisiana drug charges and maximize your chances of a good outcome.

Frequently Asked Questions 

What Is a Drug Lawyer?

A drug charge attorney is someone who specializes in drug crime matters. Drug possession, distribution, trafficking, production, and other associated offenses are examples of such crimes. Drug charge attorneys are well-versed in drug laws and regulations, and they strive to defend persons who are facing legal troubles relating to drugs.

When Should I Consult With a Drug Charge Lawyer?

It is best to retain the services of a drug charge attorney as soon as you become aware of pending charges or fears you may be charged with a drug-related violation. Early engagement enables the attorney to construct a solid defense, gather evidence, and navigate legal procedures immediately.

What Qualities Should I Look For in a Drug Charge Lawyer?

When selecting a drug charge attorney, consider their expertise with drug cases, reputation, success rate, communication skills, and costs. Choosing an attorney familiar with your area’s drug laws and who can adequately argue for your rights is critical.

Criminal Defense Attorney Baton Rouge, LA

David E. Stanley, APLC, is a well-regarded criminal defense attorney who has defended felony drug charges in Louisiana. Call Attorney Stanley to set up your private and in-depth drug defense strategy consultation. He has handled drug cases and can provide you with the attention, guidance, and help you need to get through this challenging legal procedure. 

Call David E. Stanley, APLC, at 225-926-0200

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200

 

What are the Possible Defenses Against Child Molestation Charges?

Child Molestation Defense Attorney

Child molestation charges can cause a cascade of consequences impacting your reputation, employment, liberties, and future. A conviction may require one to register on the sex offenders list, which might follow them for decades and even for the rest of their lives. Probably more than any other kind of case, accusations of sexual abuse against minors are met with severe societal stigma. It can be challenging to have a fair trial when public opinion quickly turns against you. It takes the highest degree of expertise and experience to defend against accusations of child molestation. Legal knowledge is not a sufficient substitute for the experienced judgment from years of practice.

If you’re facing child molestation charges in Louisiana, the consequences of a conviction will be very severe. That’s why getting an experienced criminal defense attorney is essential. In Louisiana, David E. Stanley, APLC, is a respected name in criminal defense. With years of experience, he represents regular people just like you and would like to assist you in getting your life back on track. He aims to provide you with the most individualized experience and help you have your voice heard.

David E. Stanley, APLC, is well-known for his ability to defend clients against accusations of child molestation. He has a long history of successfully defending clients in criminal cases and sex crimes and is known for providing defense against child molestation charges throughout Baton Rouge, LA. Get peace of mind knowing attorney David E. Stanley is on your side. Contact us today to arrange a confidential legal consultation. 

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Possible Defenses against Child Molestation Charges

Severe accusations of child molestation or pornography carry lifelong penalties for those found guilty. A child molestation or pornography charge can forever harm your reputation, even if you are not found guilty. It is crucial to get legal counsel from a highly qualified attorney as soon as possible if you are charged with child pornography. In addition to assisting you in building a solid criminal defense, your lawyer could be able to lower the charges and punishments you are subject to. There is still hope even if you are accused of possessing, disseminating, or creating pornography involving children. You and your lawyer will meet to discuss the best course of action for your defense. Here are a few typical defense tactics:

  • Innocence

Sometimes, a furious partner or ex-spouse tries to undermine a reliable spouse. Parents engaged in contentious divorces or custody disputes have been known to manipulate children into saying one parent “touched” them in a specific manner or to insinuate molestation in other ways to obtain an edge in a custody court. Regardless of the objective facts or the absence of tangible evidence, well-meaning parents, police officers, prosecutors, and other legal system personnel who saw themselves as champions for the child victim may provide coaching to children.

  • Unintentional Possession

If you did not intend to possess child porn, or it did not belong to you, you may be able to claim an inadvertent possession defense. These circumstances may prevent you from ever being aware of its existence. Someone else may have downloaded the child pornography if the device is shared or could have accessed it without your knowledge. Another scenario is that malware was inadvertently downloaded by connecting to an unprotected network or clicking on an odd link.

  • It Was Not Child Porn

Content needs to fit specific state and federal requirements to be classified as pornography or child molestation. In Louisiana, images of people younger than 17 are included in child pornography. The fact that the content did not feature juveniles is another defense line. If so, the information cannot be categorized as child pornography.

  • Illegal Search and Seizure

In certain instances, the defense may contend that the police illegally obtained the pornographic material or committed child molestation. It may occur during an unauthorized police search of your home, typically when they cannot get a warrant. Your lawyer may contend that evidence obtained unlawfully is inadmissible and cannot be used against you.

  • Entrapment

Entrapment is a defense against police wrongdoing if the police coerce you into committing a crime that you otherwise would not have committed. The police likely coerced you into buying child porn that wasn’t properly marked as such, leading to your arrest. It may occur during operations to capture predators using child pornography.

  • Psychological Addiction

If you assert that you have a psychological addiction defense about child molestation or pornography, this argument may be applicable. Even though it is rarely successful, this defense could lessen your punishment if you are found guilty.

  • Mental Disorder or Madness

People who appear to lead everyday lives occasionally suffer from a variety of mental diseases, which may or may not be identified until the courts get involved. The accused may be unable to distinguish between right and wrong in such a situation. These defenses ought to be taken into account in circumstances where mental illness might be present.

  • Erroneous Accusations

Numerous individuals, such as coaches, teachers, pastors, and daycare providers, are unjustly held accountable. Sometimes, people make these accusations to hurt people or make money. To effectively negotiate a plea agreement, have the charges dropped, or have the case tried in front of a judge or jury, an experienced child molestation defense attorney like David Stanley is needed to investigate the circumstances of your case thoroughly.

Penalties in Louisiana for Child Molestation Convictions

Creating, obtaining, distributing, or fabricating child content is a severe felony. You will be sentenced to at least five years if proven guilty. Longer prison sentences and hefty penalties can be applied, depending on the details of the case. Upon conviction, you will also be required to register as a sexual offender and face a sentence that could run from fifteen years to life in prison, depending on the specific charges. Sexual offenses against children are taken very seriously by Louisiana and the federal government.

 As a sexual offender, housing, employment, and other aspects of life may be challenging to come by. Additionally, if you are a sexual offender, your relationships with your family and friends may suffer. You must seek the assistance of an experienced child molestation defense attorney to help you navigate this complex process. David E. Stanley, APLC, has years of expertise defending the legal rights of people charged with child abuse in Louisiana.  

Frequently Asked Questions 

What Actions Count as Child Molestation?

The actions that count as child molestation include performing sexual actions on children, such as touching private areas, exposing genitalia, taking pornographic photos, raping, inciting sexual acts with the perpetrator or other children, and variants on these acts.

What to Do If Accused of Child Molestation?

If charged with child molestation, you should speak with a child molestation defense lawyer as soon as you learn of the charges. Waiting will only make things worse because time is essential. Additionally, remember that conversations between attorneys and clients are private and protected by the attorney-client privilege.

Why Is It So Important to Hire a Child Molestation Defense Attorney?

Hiring a child molestation defense lawyer is essential because they will provide you with instant advice on what to do and what not to do. Suppose someone tries to interrogate you about the allegation: your employer, a police officer, a child protection agency, the media, the alleged victim or their family, or the media. In that case, an attorney can also begin speaking on your behalf immediately. Almost anything you say to someone else could be used against you in court, so this protection is crucial. Therefore, if the case proceeds to trial, anyone you spoke with about the claims—even a friend—may testify and restate your statements; in fact, you may be subpoenaed to testify to support your testimony.

Hire an Experienced Child Molestation Defense Attorney in Baton Rouge, LA

Child molestation charges can have a domino effect on your life. Probably more than any other kind of case, accusations of sexual abuse against minors are met with severe societal stigma. A fair trial cannot be accessible when public opinion quickly turns against you. Contact David E. Stanley, APLC, an experienced child molestation defense attorney in Baton Rouge, LA; he can assist.

With his background and expertise, David E. Stanley, APLC, is well-suited to defend individuals facing child molestation charges. We use our expertise to help you create the most vigorous defense possible for your case and offer advice on how to handle the damage to your reputation that could arise from being wrongly accused or charged with child molestation. Contact us today if you have been accused of, or charged with, child molestation in Louisiana.  

Are You Looking for a Child Molestation Defense Attorney
in Baton Rouge, LA?
Call David E. Stanley, APLC, at 225-926-0200

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200

 

 What Are the Three Tiers of Classification for Sex Offenders in Louisiana?

Sex Crimes Defense Attorney

No allegation is as damaging to one’s reputation as an alleged sex offense. A conviction carries harsh penalties in addition to being permanently recorded in your criminal history and leaving your name on the sex offender registry for an extended period of time. Lifetime registration may be necessary in certain situations. It often ruins ties with family members and keeps you from being qualified for specific jobs. Quick action is needed to reduce the repercussions of these kinds of accusations. If facing sex crime charges, you need the help of a highly skilled and aggressive Louisiana sex crimes defense attorney immediately to assist in building your defense and to advocate for your future and freedom.

At David E. Stanley, APLC, we’re committed to providing trustworthy legal counsel and assistance in sex crimes cases. As your legal representatives, we will look into every minute element of your particular situation and assist in developing a solid defense to counter the charges you face. Using our extensive knowledge, we will fight to refute the sex crime allegations against you and help pursue the best possible outcome for your situation.

Consult a Trusted Sex Crime Defense Attorney
in Baton Rouge, LA.
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The Three Tiers of Classification for Sex Offenders in Louisiana

A sexual crime allegation may be detrimental to your reputation and job. In the event of a conviction, you will have to provide your details to a public registry so that people you love, future employers, and neighbors may know that you are a sex offender. Going to court for a sexual misconduct charge can be awkward and difficult, even if you are innocent. 

The state of Louisiana employs three distinct tiers to categorize sexual offenders. These levels specify the offense’s severity and the corresponding consequences. Here are Louisiana’s three tiers of sexual offense:

  • Tier 1 Sex Offenders

Offenders in Tier 1, which is the lowest sex offense tier, are thought to have a low chance of reoffending. Except for offenses classified in 15:541 as “aggravated offenses” or “sexual offenses against a victim who is under 18 years old,” the Louisiana State Police states that all charges falling under this category will undergo an annual 15-year registration period. This category includes the following crimes:

  • Following a victim who is younger than eighteen and for whom the defendant is not the victim’s parent as defined by R.S. 14:40.2
  • The definition of sexual battery in R.S. 14:43.1, as mentioned in R.S. 14:43
  • Intentional exposure to aids, as stated in R.S. 14:43.5
  • Interference with child custody of a victim under 18 years of age and the defendant is not the parent of the victim as stated in R.S. 14:45.1
  • False imprisonment of a victim under 18 years of age and the defendant is not the parent of the victim as stated in R.S. 14:46
  • False imprisonment with a weapon against a victim who is younger than eighteen years of age, as stated in R.S. 14:46.1
  • Felony carnal knowledge, as stated in R.S. 14:80
  • Indecent behavior with juveniles, as stated in R.S. 14:81
  • Minors under 16 years of age: prohibited employments or occupations as stated in R.S. 23:251
  • Prohibited sexual conduct between educator and student as stated in 14:81.4
  • Tier 2 Sex Offenders

Offenders on the Tier 2 list have a moderate chance of reoffending or committing comparable offenses. These offenses have a 25-year registration term that is conducted semi-annually, and they are typically committed against children. This category includes the following crimes:

  • Sexual battery of a man under 18 years of age, as stated in R.S. 14:43.1
  • Oral sexual battery, as stated in R.S. 14:43.3
  • Pornography involving juveniles, as stated in R.S. 14:78.1
  • Molestation of a minor or a person with a physical or mental disability, as stated in R.S. 14:81.2
  • Computer-aided solicitation of a minor, as stated in R.S. 14:81.3
  • Prostitution: persons under 18 years of age as stated in R.S. 14:82.1
  • Soliciting for prostitutes when the persons solicited for prostitution are under 18 years of age, as stated in R.S. 14:83
  • Aggravated crime against nature under circumstances not defined as an aggravated offense as stated in R.S. 14:89.1(A)(2)
  • Prostitution establishments operating by R.S. 14:282, where prostitution involves individuals under the age of eighteen
  • Tier 3 Sex Offenders 

This category includes the most severe convictions and is the highest level of sexual offense in Louisiana. They are the harshest, and offenders are reasonably likely to repeat the same or a comparable offense. Since rapes are significant crimes that cause the victims severe damage, they are in Louisiana’s Tier 3 offense classification.

People convicted of kidnapping and human trafficking are also considered Tier 3 offenders. A quarterly lifetime registration process is in place for all offenders. This category includes the following crimes:

  • First-degree rape that occurs on or after August 1, 2015, as specified by R.S. 14:42
  • Aggravated rape that occurred before August 1, 2015, including before August 15, 2001 (this includes former 14:43.4 Aggravated Oral Sexual Battery), as specified by R.S. 14:42
  • According to R.S. 14:42, second-degree rape that happens on or after August 1, 2019.1 
  • First-degree Third-degree Rape on or after August 1, 2015, as stated in R.S. 14:43
  • Simple rape occurring before August 1, 2015, as stated in R.S. 14:43 
  • Forced rape occurring before August 1, 2015, as stated in R.S. 14:42.1
  • Sexual battery of a child under 13 years of age as stated in R.S. 14:43.1(C)(2)
  • Second-degree kidnapping of a minor under 18 years of age, as stated in R.S. 14:44.1
  • Trafficking of children for sexual purposes, as stated in R.S. 14:46.3
  • Molestation of a juvenile or a person with a physical or mental disability prosecuted under the provisions of R.S. 14:81.2(C)(1), (D)(1), or (D)(2) as stated in R.S. 14:81.2(D)(1)
  • Purchase of commercial sexual activity from  under 18 years of age or Human Trafficking of Children for Sexual Purposes when the victim is under 21 years of age as stated in R.S. 14:82.2 (C)(4)

Regardless of where they reside, defendants found guilty of Tier 3 sexual offenses are to register on the sex offender registry for the rest of their lives. Being reminded of your sexual misconduct conviction all your life can be a stressful situation.

Sex Offender Registration Requirements in Louisiana

Following their release from incarceration, Louisiana’s sex offender registration regulations require offenders to furnish the following information:

  • Both name and alias
  • Date of birth
  • A succinct description of the physical attributes of the sexual offender, such as height, weight, eye and skin color,
  • The offender’s residential address (as well as any updated addresses if the criminal ever leaves the jurisdiction)
  • The address where the offender is employed
  • All online identifiers including online screen name(s), email addresses, etc.
  • The time and location of the conviction
  • The particular sexual offense perpetrated and any prior criminal record
  • Evidence containing DNA, such as saliva, palmprints, and fingerprints.
  • Most recent photograph
  • Social Security number
  • The number on their license plate
  • A duplicate of the offender’s driver’s license
  • A duplicate of the offender’s passport, immigration documentation, and any further details related to their foreign travel

Within three business days following their release from incarceration, sexual offenders in the state of Louisiana are to submit this information. According to federal legislation, all law enforcement agencies must report any registered sexual offenders in the region to the local social service, volunteer, and public housing authorities, as well as schools.

Penalties for Unregistering as a Sex Offender in Louisiana

In Louisiana, a person convicted of a sexual offense faces lifelong consequences. One of those repercussions is having to register as a sexual offender with the local authorities. However, you might overlook registering when it’s necessary. You risk consequences for not registering as a sex offender, even if you otherwise abide by state and federal rules.

The following penalties apply in Louisiana (under R.S. 15:542.1.4) for failing to register as a sex offender within three business days, failing to register at all, and failing to update registration regularly:

  • First offense: a maximum fine of $1,000 and two to ten years in prison with hard work
  • Second and subsequent offenses carry a maximum fine of $3,000 and five to twenty years of hard labor in prison.

Frequently Asked Questions 

What Are Sex Offender Registry Laws in Louisiana?

Convicted sex offenders in Louisiana must register with the State Sex Offender & Child Predator Registry. After being placed on this registry, their everyday lives will probably be subject to limitations. Whether a sex crime is a tier 1, 2, or 3 offense determines how long a person is listed on the State Sex Offender & Child Predator Registry. Offenders must also divulge to the public sensitive personal information, such as their residence, place of employment, mugshot, phone number, email address, and a thorough physical description, to be listed on Louisiana’s sex offender and child predator register.

How Long Does a Sex Offender Have to Register in Louisiana?

The sex offender must register within three business days of release from prison or three business days of changing addresses. Registration is required for either 15 or 25 years or, in the case of dangerous predators, for life.

What Will Happen to Me if I Get On Louisiana’s Sex Offender Registry?

Louisiana’s State Sex Offender & Child Predator Registry requires registration from convicted sexual offenders. You may encounter several limitations when using this register for your everyday business. More than most other ex-convicts, past sex offenders have difficulty reintegrating into society—from finding a job to having a roof over their heads. Convicted sexual offenders are required by Louisiana’s sex offender and child predator registry to divulge to the public sensitive personal information, such as their residence, place of employment, mugshot, phone number, email address, and a thorough physical description. The offense level—tier I, II, or III—is also in the listing.

How Long Is Sex Offender Registration Required in Louisiana?

Depending on the seriousness of the offense and their criminal history, a registered sex offender may be required to maintain their registration for ten, fifteen, twenty-five, or life. However, a person’s name will live on indefinitely in the national SORNA database even after their sex offender registration expires. Additionally, even if the sex offender is no longer required to be on the active registry, the community will likely always see them as nothing more than sexual offenders. 

Baton Rouge Sex Crimes Defense Attorney

Once listed as a sexual offender, the public can access both your personal information and details of the offense. It may harm your social life, where you decide to reside, and your employment prospects for the rest of your life. 

The best method to prevent getting added to the sex offender registry in the first place is to hire a Baton Rouge sex crimes defense attorney—David E. Stanley, APLC. He can explain your rights and any relevant legal defenses because he has experience with similar cases. To guarantee a fair trial and lessen your likelihood of being classified as a registered sex offender, he can also represent you in court. Contact David E. Stanley, APLC, today to schedule an appointment.

Call David E. Stanley, APLC, At 225-926-0200

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200

What Do You Need to Know About Violent Crimes in Louisiana?

Violent Crimes Defense Attorney

Violent crimes are felony offenses with severe penalties upon conviction. You may lose everything important to you, your reputation least of all. You may jeopardize your freedom and career if found guilty of a severe crime in Louisiana. In Louisiana, prosecutors pursue severe punishments for violent crimes; depending on the specifics of your alleged conduct, you might potentially be sentenced to life in prison if the court “throws the book” at you. A conviction will come with heavy fines and a mark on your record that might prevent you from getting a job. You also could hold a professional license for a job involving public interaction, like teaching, law enforcement, or medicine. In that case, you will likely have your license revoked and could lose your job.

Even if you had no intention of causing the victim’s significant injuries or death, you could still face harsh penalties for violent acts. Our violent crimes defense attorney, David E. Stanley, APLC, can help you. We believe one is innocent of a crime until proven guilty and that if charged with a violent crime, one has the right to aggressive and skilled counsel from an experienced violent crime defense attorney. At David E. Stanley, APLC, we aim to plan a vigorous defensive approach on your behalf. If charged or under investigation for a violent crime, do not delay. Contact a Louisiana violent crimes defense attorney today!

Contact David E. Stanley, APLC

What You Need to Know About Violent Crimes in Louisiana

What Constitutes Violent Crimes in Louisiana?

State statutes categorize violent crimes in each case. In general, using force against a victim is a part of violent crimes. Usually, using force involves threatening to use force or attempting to use force. When accused of committing a violent crime, it becomes more serious when they use force or a weapon against a particular group of individuals, such as emergency professionals, children, or the elderly.

What Is Considered a Violent Crime in Louisiana?

Louisiana considers the types of crimes below as violent crimes:

  • First-degree murder
  • Second-degree murder
  • First, second, or third-degree feticide
  • Aggravated assault and battery
  • Domestic violence
  • Homicide (including negligent or vehicular homicide)
  • Manslaughter
  • Rape
  • Aggravated arson
  • First-degree robbery, second-degree robbery, and armed robbery
  • Aggravated burglary
  • Hate crimes

What Could Be the Penalties in Louisiana If Someone Is Found Guilty of Violent Crimes?

In Louisiana, a conviction for violent crimes carries harsh punishments, including lengthy jail time and hefty fines. We detail the punishments for the aforementioned violent crimes below.

  • First-Degree Rape 

First-degree rape carries a life sentence without the prospect of release from prison. If a rapist targets a minor as a victim, the district attorney may seek the death penalty. Kennedy v. Louisiana, a 2008 decision by the U.S. Supreme Court, established that the death sentence is not a suitable response to child rape, mainly when the child survives, and the rapist never intended to murder the victim.

  • Second-Degree Rape

Second-degree rape carries a sentence of five to forty years at hard labor in a state prison.

  • Third-Degree Rape

Third-degree rape carries a maximum sentence of twenty-five years in prison with hard labor.

  • Domestic Abuse Battery

Depending on whether this is the perpetrator’s first, second, third, or fourth crime, different punishments apply for domestic abuse battery. The first infraction carries a maximum fine of $1,000 and a six-month jail sentence. A $1,000 fine and up to a year in jail are the penalties for the second offense. A third violation carries a maximum penalty of $2,000 in fines and five years in prison. Lastly, a fourth offense carries a maximum fine of $5,000 and a term of 10 to 30 years in prison.

  • First-Degree Robbery

First-degree robbery carries a sentence of three to forty years in prison for hard labor without the possibility of release.

  • Second-Degree Robbery

Second-degree robbery also carries a three to forty-year prison sentence.

  • Armed Robbery

Armed robbery carries a prison sentence of 10 to 99 years at hard labor without the possibility of release.

  • Aggravated Burglary

Aggravated burglary carries a sentence of one to thirty years in prison with hard labor.

  • Aggravated Assault

Aggravated assault carries a $1,000 fine and a six-month jail sentence.

  • Aggravated Battery

Aggravated battery carries a maximum sentence of 10 years in prison, with or without hard labor, and a fine of $5,000.

  • Homicide

Depending on the type of homicide the perpetrator committed, different sanctions apply. For instance, manslaughter convictions carry far lighter sentences than murder convictions. According to Louisiana law, manslaughter carries a maximum sentence of 40 years in prison with hard labor. If the victim is younger than ten, the offender will serve the same time in prison without the possibility of release. Penalties are nonexistent for justified homicide because the majority of those found guilty of this crime do so in self-defense. Negligent homicide carries a maximum imprisonment of five years, with or without hard labor, and a fine of $5,000. Lastly, there is a maximum punishment of $15,000 and a sentence of 5 to 30 years in prison, either with or without hard labor, for vehicular homicide.

You can first defend against charges of violent crime with the assistance of an experienced Louisiana criminal defense attorney. Depending on your situation, it could result in an acquittal, reduced charges, a plea agreement, or dismissal. A knowledgeable criminal defense attorney can also assist you in handling the unintended implications of your conviction if you are found guilty.

What are the Defenses in Louisiana for a Violent Crimes Charge?

The circumstances of a defendant’s case will determine the defenses that are accessible to them. Defendants of violent crimes in Louisiana frequently argue that there was a legal justification for their behavior rather than denying their conduct. 

  • Self-defense

One of the most well-known defenses against a violent criminal allegation is self-defense. A defendant uses this defense when someone dies or becomes injured in the process of defending themselves or another person. In some instances, the circumstances may justify the defendant’s use of force. However, the amount of force applied ought to be appropriate and reasonable. 

  • Lack of Intent

For most crimes, the prosecution must prove that the accused intended to commit the offense. A defendant might be able to refute an allegation of violent crime without evidence of criminal intent. For instance, a defendant may contend they were incapable of forming the intent required for criminal responsibility if they were under the influence of alcohol or mentally ill at the time of the conduct. 

  • Consent

The victim may have given their permission to commit a violent crime in certain situations, the court may determine. For instance, when a person gets hurt while voluntarily taking part in a boxing match. Consent is a complicated defense that depends heavily on the particulars of each case. 

  • Lack of Evidence

There are situations where there is insufficient evidence to convict someone in a violent crime case. A Baton Rouge violent crime attorney may pursue less severe charges or file no charges if the prosecution does not have sufficient evidence to prosecute you for a violent offense.

  • Justification

Suppose there is strong proof that you used violence to defend persons or property during an emergency. In that case, a Baton Rouge violent crime attorney may be able to employ this argument on your behalf. This defense may cover violent theft crimes.

  • Solid Alibi

Our criminal defense attorneys can obtain proof if you were, in fact, not present when the violent crime took place.

  • It Was an Accident

Accidents do happen sometimes. A criminal defense lawyer may be able to use this defense to your advantage if you unintentionally cause harm to someone or kill them. For some homicide cases, this violent crime defense might be effective.

  • The Victim Is Not a Household Member

This defense is only available in situations involving domestic abuse. The State of Louisiana defines domestic abuse expressly as using force or violence against a home member. If the victim did not live with the family.

  • False Accusations

Sometimes, a culprit gets wrongfully accused of committing a violent crime, such as rape or domestic abuse. If this applies to you, a violent crime lawyer can get proof to demonstrate your sincere innocence.

Frequently Asked Questions 

What Is a Violent Crime?

A violent crime is an offense that involves the use of force against a victim, as well as when a victim is hurt, threatened, or suffers physical harm. Typically, the degree of bodily pain or injury inflicted upon the victim determines the level and severity of a violent crime.

How Many Violent Crimes Occur in the U.S. Every Year?

Unfortunately, violent crimes happen all the time in the U.S. According to FBI data, there were 1,203,808 violent crimes committed in 2019 alone. Aggravated assaults accounted for the bulk of these violent offenses (68%) committed. In the meantime, robbery offenses accounted for 22% of these crimes, rape for 8%, and murder for 1.4%.

How Many Violent Crimes Occur in Louisiana Every Year?

Louisiana consistently ranks among the most violent states in the union. For the thirty-second year in a row (since 1989), Louisiana has the highest per capita murder rate in the United States in 2020. In that year, there were 15.8 murders for every 100,000 inhabitants. Based on FBI data, the cities with the highest violent crime rates in 2018 were New Orleans, Baton Rouge, and Shreveport. With their use in about 45% of killings, handguns are the most frequently utilized murder weapon in Louisiana. Aside from homicide, rape, robbery, and aggravated assault rank among the most common violent crimes in the state.

Can You Expunge Violent Crimes From a Criminal Record in Louisiana?

No, you cannot expunge violent crimes from a criminal record in Louisiana. Certain felonies, but not violent offenses, can be expunged. David E. Stanley, APLC, a violent crime defense attorney in Baton Rouge, can examine the specifics of your case and assist you in determining whether you qualify for expungement.

Why Do You Need a Louisiana Violent Crimes Defense Attorney?

Being accused of a violent crime has the power to upend your life completely. These are the top three reasons to hire a violent crimes defense lawyer.

  • Plea Deals

Many accused of violent crimes could be tempted to accept the initial plea bargain, but that plea bargain might backfire if you represent yourself or your case with an unskilled attorney. You want a plea agreement that works in your favor. Plea bargains are only sometimes the most excellent option, as it is. Thus, you require a lawyer capable of negotiating and pursuing your best interests.

  • Sincere Counsel 

Crimes involving violence constitute grave allegations. Your life might be significantly affected by a conviction. Your career, connections with others, reputation, and potentially even your freedom are at stake. Instead of making snap decisions, you need someone who will be honest with you and guide you toward wise choices.

  • Full Picture

If you accept a plea bargain without legal counsel, the prosecution will not give you the full rundown of what might or might not occur. Furthermore, it would help if you learned to inquire about the nature and quantity of the evidence the prosecution has against you because they will not tell you. A lawyer gathers the data and presents you with the complete picture, outlining all the details. You would want to understand each decision and how it might affect your life.

Baton Rouge Violent Crimes Defense Lawyer

If accused of a violent crime, you know how stressful it can feel. In Louisiana, a person accused of any violent crime faces harsh punishments that include heavy fines, life in jail without the prospect of release, a permanent criminal record, and other disastrous outcomes. It is typical to feel overburdened.

Having a knowledgeable Louisiana violent crime defense lawyer on your side is crucial to assist you in navigating the legal system when facing violent crime charges. David E. Stanley, APLC, is dedicated to providing aggressive defense and all-encompassing legal advice to anyone accused of violent crimes. Our skilled violent crime defense lawyer will defend and protect your legal rights and ensure fair treatment. Contact us today to discuss your charges during a free, in-person consultation.

Arrested for a Violent Crime?
Call David E. Stanley, APLC, at 225-926-0200

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200

How Do You Choose the Right Drug Crime Lawyer for Your Louisiana Case?

Drug Crimes Defense Attorney

Drug crimes have severe penalties in Louisiana, and the penalties include lengthy jail terms, heavy fines, and a permanent bad criminal record upon conviction. A conviction will have a detrimental effect on your life. Expected consequences include losing custody of any children, having problems obtaining new work, losing your job, and having trouble finding a new home.

Drug crimes are either classified as misdemeanors or felonies, and the charges you receive will determine the severity of your punishment. Convictions may also serve as a link between federal and state law in Louisiana. As usual, felonies carry far harsher penalties than misdemeanors, potentially for years in prison.

If you face drug crime charges, seeking criminal defense representation from an experienced attorney is in your best interest. Our Louisiana drug crimes defense attorney, David E. Stanley, APLC, has court experience and will vigorously defend you as he strives for the best possible result in your case. Remember that a suspect remains innocent until proven guilty and that an arrest does not imply guilt. You must understand that selecting the right criminal defense attorney can significantly impact your future, including whether you receive a prison sentence, probation, drug rehab, or walk free. To assist you and inform you about the allegations against you, our drug crimes defense attorney in Baton Rouge, LA, protects your best interests by helping and educating you on the drug crime charges you face so you can be an active participant in your defense.

Are You Looking for a Drug Crimes Defense Attorney
In Baton Rouge, LA?
Contact David E. Stanley, APLC

How to Choose the Right Drug Charge Lawyer for Your Louisiana Case

If you’ve received drug charges in Louisiana, you will want to find the right lawyer to take your case. If not, you might have to spend years in prison. Here are the tips for finding the right drug crime lawyer in Baton Rouge, LA. With these tips, you can find a lawyer qualified to take your drug crime case.

1. Start Searching with Word of Mouth

Inquire with friends and relatives about their experiences working with their attorneys. They could even recommend a reputable legal practice even if they do not practice criminal defense. Then, if you know a friend or relative of yours who had a positive experience with them previously, you can investigate their law firm. Ask your attorney to recommend a lawyer if they practice in a different area. Remember to request a drug charge defense attorney. After all, you want to find someone exceptionally qualified to win your case.

2. Check Online

Go online after you’ve begun compiling a list of potential drug crime defense lawyers. Look for online reviews first. If there are a lot of bad reviews, move on. Ask the criminal defense attorney if you can chat with any of their prior clients if you feel like they’re a good fit but can’t locate any reviews online.

Ensure to check with the local bar association while you’re online. Do they belong to a group? Verify that their standing is favorable as well. Next, confirm their specialization. Seeking a drug crimes defense attorney with prior experience in cases similar to yours is recommended. Please find out how long they have been a drug crimes defense lawyer. Selecting an attorney with specialized legal skills will bring you peace of mind.

Their area of expertise will also demonstrate that they are knowledgeable about the most recent regulations and guidelines. They may need the required experience to win your case if they focus on something other than drug charges. Next, find out if they belong to any other legal associations. Other Baton Rouge attorneys probably respect them if they hold any leadership positions.

3. Study the Success Rate

Ensure a drug crimes defense attorney wins cases related to their area of expertise before hiring them. Inquire about their past performance. Have they won many instances involving drug crimes? Have they moved on to another expertise, or were their victories recent? Once more, confirming their background is pertinent to the laws as their stand is critical. Would they instead give in? Sometimes, a criminal defense attorney who settles cases quickly is more worried about their reputation than assisting you. Gaining insight into the successes and failures of a criminal attorney will help you get an improved opinion of their talents.

4. Hire a Drug Crimes Defense Attorney Who Knows the Local Justice System

Four hundred fifty-six thousand people, or one-fifth of the total jail population, are detained on drug-related charges. Every case, however, is unique according to the local legal system. Choosing a drug crimes defense attorney knowledgeable about Louisiana’s possession laws is essential. Their connections and local expertise can support your case. Find out if they have any prior courtroom experience. Ensure you have a prepared lawyer in case the matter goes to trial. If you are still waiting, you might have a lawyer who is reluctant to appear in court.

5. Interview Them

Meet with each prospective drug crimes defense attorney in person after you’ve compiled a list of them. Make sure to prepare a list of inquiries in advance. Keep in mind that you are employing them. Treat this meeting like you would an interview for a job. You can ask the attorney about their:

  • Experience
  • Success rate
  • Delivery time
  • Pricing
  • References
  • Availability

For instance, you should confirm that the drug crimes lawyer has enough time for your case. Do they have a lot on their plate right now? Will they ultimately pawn you off to another lawyer if that’s the case? Before signing anything, make sure you have read the contract thoroughly. Certain lawyers charge a fixed fee. Before you sign anything, please find out how much they anticipate your case will cost and how payments will be made. Go over your notes from this interview. With whom did you feel most at ease? Who took the time to hear your story and thoroughly assess your case? Following your instincts when selecting a lawyer for your case is essential.

Frequently Asked Questions 

What Is a Drug Charge?

A drug charge is a criminal charge brought against an individual who has been found in possession of illicit substances. It is possible to file drug charges against people or companies who produce, distribute, and sell drugs.

What Happens if Charged with a Drug Offense?

If charged with a drug offense, you will be placed under arrest and held until the scheduled court appearance. During your initial court appearance, known as an arraignment, you can enter a guilty or not guilty plea if accused of drug possession or distribution. You may not be granted bail if the court determines you pose a public safety or flight risk. If not, they will order you to post bail—a specific sum of money you must deposit with the court—to be released from custody. That money is forfeited, and an arrest warrant is issued if you don’t appear in court.

The prosecution and your lawyers, over the upcoming weeks and months, will negotiate the accusations against you. Most cases end in a plea agreement or are dismissed. Still, if the prosecution and defense cannot reach a consensus, the matter will go to trial and be decided by a jury, with the proceedings being presided over by a judge. You will enter a guilty or not guilty plea based on the outcome. If you are found guilty, the judge will impose the appropriate sentence on you.

What Types of Penalties or Punishments Can I Receive If Convicted of a Drug Charge?

If charged with a drug crime, you will receive the following penalties or punishments:

  • Fines

A fine is a sum of money levied by the legal system. The severity of the crime charge will determine how much of a fine is imposed. For instance, if you are found guilty of simple possession on your first violation, the punishment might be between $100 and $500. On the other hand, if you are found guilty of drug sales, the fine may be as high as $20,000. Instead of receiving cash as payment for a drug offense, community service hours can be used to offset any fines.

  • Community Service

Rather than a monetary fine, this kind of punishment entails completing unpaid labor for the good of society. Should you be found guilty of a drug charge and given community service hours as a sentence rather than fines, you might have to put in anywhere from 100 to 300 hours of work. Building community amenities like parks and schools or maintaining public spaces are typical community service projects.

  • Jail Time

The kind of drug violation committed and any prior offenses committed by the person facing charges will determine how long the accused spends behind bars. Depending on the seriousness of the crime and the number of prior charges the accused individual has committed, a person charged with a drug violation may spend one day to 25 years in prison.

  • Probation

A probation order is a directive from the court system to a convicted individual, warning them that if they don’t follow specific guidelines for a specified period, they risk jail time, fines, and other penalties imposed by the court system before they are found guilty and sentenced for their offense  Probation terms often range from one year to three years, based on the seriousness of the crime and the number of violations you had committed before to being found guilty of the present charge  It’s also crucial that you adhere to your probation because failing to do so could land you in jail or significant difficulties.

What Is Drug Court?

Drug court is an alternative sentencing program in which defendants facing lesser charges can participate instead of more conventional sentencing options like fines or jail time in certain nations. Drug Court gives people accused of minor offenses a chance to avoid going to jail while participating in treatment programs meant to help them overcome their addiction problems and criminal behavior patterns. This way, after they fulfill the program’s requirements and serve their prescribed probationary period, they won’t commit crimes again.

What Are the Penalties for Drug Possession?

Those caught in possession of cocaine may be subject to:

  • Under 2 grams: up to $5,000 in fines and two years in jail
  • 2 to 28 grams: up to five years in prison and $5,000 in penalties

If heroin is discovered in their possession, they risk:

  • Less than two grams: two to four years in jail
  • 2 to 28 grams: two to ten years in jail and a $5,000 fine for possession of the drugs.

The severity of the punishment increases with weight, and possession with intent to distribute (PWIT) is presumably what the state will charge you with.

Baton Rouge, LA Drug Crimes Defense Attorney

If charged with a drug crime, contact an experienced Baton Rouge, LA drug crimes defense attorney immediately for legal representation. A drug charge has severe consequences because it can result in several years of jail time and higher fines. The kind of drugs you are charged with possessing will determine the severity of the punishment, so you must speak with a drug crimes defense attorney to better assist you through this process. David E. Stanley, APLC, can evaluate your case to determine your best legal defense against your drug crime charge. Contact us for legal representation immediately!

To Schedule a No-Obligation Consultation,
Call David E. Stanley, APLC, at 225-926-0200

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200