armed robbery attorney baton rouge la

Armed Robbery Attorney Baton Rouge LA

In Louisiana, a person is guilty of armed robbery if they possess or use a deadly weapon while forcibly stealing property or immediately fleeing the scene of the theft. Armed robbery falls under the broader category of first-degree robbery, which is a class B felony and carries a maximum 25-year prison sentence. While these charges are severe, our experienced Baton Rouge criminal defense attorneys are prepared to help you understand and defend against them.

These are examples of “deadly weapons:”

Switchblades, daggers, blackjacks, plastic or metal knuckles, any type of gravity, pilum ballistic, metal knuckle knife; loaded weapons from which a shot can cause serious injury or death.

The use of a deadly weapon during a robbery imposes a mandatory minimum of five years in state prison upon conviction. Because the charges and potential sentence upon conviction are severe, contact our experienced Baton Rouge criminal defense attorneys immediately for assistance in obtaining the best possible outcome for your case.

Keep in mind that no actual injury must occur during the robbery for these charges to be brought; it is sufficient that the robber possesses one of the above-mentioned weapons. Even if the weapon was never used, for example, if the robber held an unsheathed switchblade but never used it for anything, not even to threaten anyone, they could still be charged with armed robbery. Note that even if no weapon was used during the robbery itself, a person can still be charged with armed robbery if they are armed or become armed as they leave the area where the robbery took place.

However, you still have options if you have been charged with attempted robbery. Our team of experienced criminal defense attorneys may be able to apply certain defenses to these charges, such as filing a motion to dismiss the charges or having the evidence suppressed, despite the gravity of the allegations. Additionally, the evidence must demonstrate that the weapon was present during or during the process of fleeing the crime scene.

Previous cases have demonstrated that the presence of a note suggesting or stating that the robber is armed is insufficient evidence to convict a person of armed robbery. In this argument, it is asserted that more extensive evidence of the existence of a weapon is required, such as a witness having seen the weapon or video or photographic evidence of the weapon’s existence during or after the robbery.

If you have been charged with armed robbery, contact our team of seasoned Baton Rouge criminal defense attorneys immediately to discuss possible defense strategies. Our team is prepared to collaborate with you to determine the optimal course of action for achieving the best possible outcome in your case.

Armed robbery is a serious offense that can result in significant prison time if convicted. If you have been charged with armed robbery, it is essential to hire an experienced criminal defense attorney who can protect your rights and fight for the best possible outcome in your case. David E. Stanley is a criminal justice attorney in Baton Rouge, Louisiana, who has extensive experience handling armed robbery cases. He will thoroughly investigate the facts of your case and work tirelessly to develop a strong defense strategy. Additionally, he will make sure that you understand all of your legal options so that you can make informed decisions about your case. Contact David E. Stanley today to schedule a consultation to discuss your case.


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Top Five Ways Someone Can Commit Tax Fraud Without Meaning To

Filing your income taxes is a difficult task. You may make a mistake that benefits you without realizing it. Unfortunately for the IRS, these errors may appear to be tax fraud, a serious crime. Nobody wants to face felony charges and have to defend themselves in court due to a mistake.

The Internal Revenue Service takes filing a fraudulent tax return or another document seriously. Civil cases can be forwarded to criminal tax investigations if relevant material is discovered in the inquiry. Arrests and criminal prosecutions relating to taxes are possible outcomes. Criminal defense attorney David Stanley represents those accused of tax fraud who face life-altering criminal accusations. He is an experienced tax attorney with expertise in IRS investigations and tax law cases involving fraud allegations.

For Immediate Representation
Contact David E Stanley APLC
At 225-926-0200 Now!

Ways Someone Can Commit Tax Fraud Without Meaning To

Below are ways you could unintentionally trigger an IRS investigation into your taxes.

1. Forgetting To Report A Portion Of Your Earnings

On the W-2 form they obtained from their employer, many people report the amount of income they made. On the other hand, others have a diverse collection of income streams. When the time comes to file taxes, it’s easy to forget about cash income, such as tips, if it’s one of the sources of income you receive.

2. Inaccurate Non-cash Donation Appraisals

It is not difficult to keep track of monetary donations made to charitable organizations. However, donations of things other than money, such as clothes or a used car, are also eligible for tax breaks. The problem arises when you are unsure of the value of the contributions that have been made. If you claim a deduction for an amount that is significantly higher than what the item is worth, you may be committing tax fraud.

3. Deduction Errors

Several deductions are available under Louisiana and federal tax law, including those for education and medical expenses. Therefore, an incorrect number might land you in legal trouble, even if it was an honest error.

4. Mixing Business And Personal Expenses

The distinction between company and personal spending is not always evident when you own a business. Deducting the incorrect amount on your taxes can lead to significant issues later.

5. Failure To File Tax Return

It is a criminal to purposefully fail to file an income tax return by the deadline (or to file for an extension). You may have missed the deadline by accident, but the IRS may still pursue you.

Frequently Asked Questions

What Are The Signs That Fraud Has Occurred?

The IRS has a track record of falsely accusing innocent taxpayers of tax fraud. In some cases, the IRS will open an inquiry because of seemingly innocuous circumstances, leading them to believe that criminal tax fraud has occurred. The IRS considers the following factors to be red flags for possible tax fraud:

1. Increases in net worth that aren’t explained
2. Personal spending that exceeds a taxpayer’s available resources
3. Unaccounted-for deposits into a bank account that significantly exceed the taxpayer’s stated income
4. Documents that appear to be forged, misrepresented, or tampered with

What Are The Consequences Of Tax Fraud?

Criminal tax fraud convictions carry severe penalties, including prison time and hefty fines. In addition, the prosecution can impose criminal penalties to punish the taxpayer and deter other taxpayers from committing fraud.

Why Is It Important To Hire A Tax Fraud Defense Lawyer?

Our tax fraud defense lawyer at David E Stanley APLC gives the guidance that our clients require. We recommend contacting our law office as soon as you are served with a Federal Grand Jury summons, an IRS summons for papers, or a visit from a special IRS agent. It would help if you waited to speak with a professional attorney before voluntarily submitting the IRS a statement. The IRS can and will use your information against you if your case goes to trial. For our clients, we develop a complete criminal defense strategy. Working with forensic accountants, other industry specialists, and professionals is a standard part of our strategy.

A Trusted Tax Fraud Defense Lawyer

A tax fraud conviction can result in a prison sentence and significant financial fines. However, a tax defense attorney can represent you and possibly negotiate a settlement that allows you to avoid prison and have the charges dismissed.

Are you facing fraud charges? David E Stanley APLC can help. He is a renowned trial lawyer who devotes his practice to defending persons and businesses accused of significant or complex felony crimes and those seeking to overturn an unjust criminal conviction or disproportionate punishment. He is exceptionally dedicated and skilled in the area of federal criminal defense.

To Schedule An Appointment,
Contact David E Stanley APLC At 225-926-0200 Now!

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

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Criminal Defense: What Constitutes As Felony Theft In Louisiana

What Constitutes As Felony Theft In Louisiana

Each state has its own set of regulations and sanctions. Louisiana’s punishments are usually harsh, and they become even worse based on the value of the allegedly stolen things. Theft is defined in New York and other states as an effort to take and hold or sell another person’s property without their agreement.

When the stolen property reaches a value of more than $1,000, theft is charged as a felony. Theft is now a felony. If someone steals $1,000 or more, or if you steal $1,000 worth of property or commodities. A felony offense carries profound implications that can affect the offender’s entire life. If charged with felony theft, you should immediately contact a criminal defense attorney. You are entitled to a defense, so contact David E. Stanley, APLC, as soon as possible.

To Schedule An Appointment,
Contact David E. Stanley, APLC
At 225-926-0200 Now!

What Constitutes As Felony Theft In Louisiana?

1. Additional Elements Often Matter

The circumstances surrounding the alleged crime might significantly impact the accusations. For example, the threat of violence and the individual’s criminal past — a repeat offender faces more serious charges than a first-time offender – are relevant considerations.

2. Legal Advice Is Critical

Because the possible penalties for a felony are so severe, it’s critical to speak with a knowledgeable criminal law attorney. These legal specialists can assist in defense of the accused’s rights. They can also ensure that you did not neglect essential elements of the case and that the charges were appropriate for the accused’s actions.

3. The Types Of Felony Theft

A felony theft charge is against you for a variety of reasons. The many categories are according to the circumstances of the crime. The following are examples of felony theft crimes:

● Theft

Grand theft is the illegal stealing of $1,000 or more in cash or property. It is distinct from ordinary theft in that it entails depriving another person of a substantial sum of money or goods worth more than the felony theft threshold ($1,000). However, grand theft has the same consequences as felony theft.

● Theft Auto

It entails stealing another person’s vehicle to deprive them of it permanently. Because an automobile is such a valuable possession, auto theft is grand theft. Therefore, a felony theft charge imposes on anyone accused of grand auto theft.

● Theft

It is the thievery of another’s personal belongings. You will be prosecuted with felony theft if you attempt to remove another person’s private property worth $1,000 or more. Tangible physical property, crops, fixtures tied to the land, documents bearing legal claims, merchandise, and other items are all exposed to theft. In addition, if a servant takes possession of his master’s property or possessions, it is a sort of robbery that results in a felony theft accusation.

● Receiving Property That Is Stolen

You don’t have to steal directly or have the intent to steal to commit this form of theft. However, accepting or receiving stolen property that you know of, whether for use or sale, can result in felony theft charges. Receiving goods or items you know must have been stolen is enough to constitute you a felony thief. To be safe, you might want to double-check whenever you accept property from someone to ensure you aren’t getting anything stolen.

● Embezzlement

It is a heinous act of stealing funds entrusted to you. There must have been a fiduciary connection in which the criminal was charged with access to funds before felony theft could be embezzlement. The defendants, in this case, utilize the cash entrusted to them for personal benefit and use—embezzled funds diverted from the workplace for personal gain. If the amount stolen is $1,000 or more, it is considered criminal theft.

● Robbery

It entails using force, threat, or firearms to take another person’s property. Robbery is a crime that combines violence and stealing, and it has devastating repercussions.

4. Penalties For Felony Theft

Because the felony stolen amount is $1,000 or more, the perpetrator is subjected to harsh penalties. For example, suppose the quantity of money or value of the goods stolen is less than $5,000, and the criminal faces up to five years in prison. On the other hand, if the theft is worth more than $5,000 but less than $25,000, the perpetrator faces up to ten years in prison.

5. What To Do When Arrested For Felony Theft

Felony theft accusations are a severe matter that necessitates the assistance of an experienced, comprehensive, and rigorous criminal defense attorney. Therefore, if you have been charged with felony theft, you should immediately contact a criminal defense attorney to represent you in court. A qualified and experienced attorney, such as David E.Stanley, APLC, can make a big difference in the outcome of your case. Therefore, when you are charged with felony theft, you should first engage a qualified and experienced criminal defense attorney.

Frequently Asked Questions

When Does Theft Become a Felony?

Depriving another person permanently of his property is called theft. You are committing theft when you take another person’s valued property (money or an object) without their permission or through deception. Theft is any activity that deprives another individual of their property or money. Burglary, embezzlement, shoplifting, theft, robbery, or looting are all used to describe theft. Theft is either a felony or a misdemeanor. A felony offense is just a crime that is more serious and serious than a misdemeanor. A felony crime is more severe than a misdemeanor, which carries more significant penalties, such as the death penalty or incarceration.

What Level of Theft Constitutes a Felony?

The size of the theft is determined by the jurisdiction in which the offense is committed. Another consideration is the severity of the robbery. When a property theft occurs, the value of the stolen property determines whether the crime is a felony or a misdemeanor. For example, when a heist is between $500 and $1,000, it is a felony.

Are There Any Felony Theft Defenses?

Theft charges have several defenses accessible, just like any other offense. The reason will typically rely on the offense’s specific mitigating circumstances. However, the following are some of the possible theft defenses:
1. Mistake of fact
2. Mistake of law
3. Mistaken identity
4. Consent or authority to possess the item
5. Lack of intent
6. Lack of knowledge.
As previously said, you should verify your state’s laws about the crime you’ve been charged with to see if any of these defenses are available. But, again, a criminal defense attorney like David E. Stanley, APLC, can assist you in determining this and putting together a strong defense.

A Trusted Criminal Defense Attorney

David E. Stanley, APLC, is a criminal defense lawyer who has handled numerous felony theft cases. You should contact the best theft defense attorney if you have such a case as soon as possible. David E. Stanley, APLC, aggressively defends his clients in court and makes every attempt to make a difference in each criminal case he handles. Speaking with him right now could make a significant impact on your situation. If charged with a misdemeanor or felony theft, contact David E. Stanley, APLC.

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

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

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What You Need To Know About White-Collar Crime

The majority of white-collar crimes are non-violent and financial. Individuals in positions of trust in business, government, or other institutions perpetuate them. Bribery, insider trading, tax evasion, and fraud are white-collar crimes. White-collar crimes, albeit less common than violent crimes, can tremendously impact victims, businesses, and the economy. Investigators and prosecutors work tirelessly to investigate and punish these types of crimes. If accused of committing a white-collar crime, you should get legal counsel as soon as possible.

David E. Stanley, APLC is the leading law firm in litigation and criminal proceedings, with over a decade of experience consulting and preserving the rights and interests of clients involved in white-collar crimes. He provides advice, solutions, and preventive measures for businesses to avoid risks associated with white-collar crime and protect clients against unjust criminal allegations filed by competent authorities, using our knowledge, inventiveness, and thoroughness.

To Schedule An Appointment,
Contact David E. Stanley, APLC
At 225-926-0200 Now!

What You Need To Know About White-Collar Crime

What Is A White-Collar Crime?

White-collar crime is a type of non-violent crime in which the primary motivation is usually financial. White-collar criminals typically hold a professional position of authority and prestige, as well as a job that pays substantially above average.

What Are The Types Of White-Collar Crime

White-collar crime comes in a variety of offenses, including the following:

1. Fraud

Fraud is a broad phrase that refers to various tactics to cheat people of their money. One of the most common and straightforward is the offer to send someone a large sum of money in exchange for a small sum. The fraudster may represent the smaller sum as a processing or finder’s fee. Naturally, the fraudster receives the funds supplied to him, but he never transfers the funds he promised to pay.

2. Insider Trading

Insider trading happens when a trader benefits from the material, non-public information that gives them a competitive advantage in the financial markets. An investment bank employee, for example, may be aware that Company A is planning to buy Company B. The employee can purchase stock in Company B with the idea that once the acquisition is made public, the stock would skyrocket in value.

3. Ponzi Scheme

A Ponzi scheme is known as a financial fraud that promises investors extraordinarily high profits. It pays such profits to the initial investors with newly deposited funds from new investors. However, the system collapses like a house of cards when the scammer can no longer acquire new clients to pay off the old ones, leaving many investors with significant losses.

4. Embezzlement

An embezzlement is a form of theft, sometimes known as larceny, that can range from a single employee taking a few dollars from a cash drawer to a complex operation involving millions of dollars transferred from a company to the embezzler’s accounts.

5. Counterfeiting

Because of the need to combat counterfeiting, our money has become increasingly colorful and detailed. The old currency was far too easy to copy with today’s computers and powerful laser printers. However, it’s debatable if the government’s efforts in this area have been successful.

6. Money Laundering

Money laundering is a service that criminals who deal with vast sums of money require. It entails moving the money through multiple accounts and eventually into legal firms, mixed up with the real business’s legitimate income and no longer traceable as having originated from a crime.

Frequently Asked Questions

Do I Need An Attorney If Charged With A White Collar Crime?

Yes. Law enforcement has been constructing a case against you for weeks, months, or even years. You must have the same tenacious legal counsel on your side. Even if you’re concerned that hiring a lawyer will make you appear guilty, a defense attorney can ensure you don’t do anything wrong to law authorities, the media, or a judge. Many believe that telling law enforcement about what transpired will improve their case. Unfortunately, you’re probably exacerbating the problem. Investigators would not bring you in for questioning unless they had a solid criminal case against you.

Is It True That All White-Collar Crimes Are Prosecuted In Federal Court?

No. Depending on the specific offense, the case may be prosecuted in state or federal court. You’ll need an attorney on your side who can handle even the most complicated trial cases.

What Penalties Might I Face?

White-collar crimes are often punished the same way as other crimes, with the possibility of lengthy jail sentences and hefty fines. In addition, those found guilty may be required to pay restitution and ultimately lose their professional license.

A Trusted Criminal Defense Attorney

White-collar crime is a serious issue that you should not take lightly. If accused of committing a white-collar crime, you must contact an experienced attorney immediately. David E. Stanley, APLC, has years of experience defending clients against all types of white-collar crimes and will work tirelessly to get the best possible outcome for your case. Contact us today to schedule a free consultation and find out how we can help you!

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

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

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Everything To Know About Opioid Addiction

Many Americans have been affected by the opioid crisis, which has caused great grief, heartbreak, and unfathomable devastation. Many people who were only looking for a means to control their discomfort instead developed a crippling addiction to the prescribed medicines. And far too frequently, that addiction resulted in a sad overdose death.

Our society and judicial system have begun to recognize that, in many situations, an addict’s opioid is not because willpower or moral failure is lacking. Instead, evidence now points to a different story: that the healthcare business purposefully failed to protect the patients it promised to serve.

Suppose you or a loved one has lost a family member to opioid addiction or overdose. In that case, you or a loved one may be able to hold the drug manufacturer accountable and seek justice and compensation. At David E. Stanley, APLC, we’re ready to fight for you and your loved ones. Call us today to set up a case review at no cost or obligation.

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

Opioid Addiction: An Overview

What Are Opioids?

The medication used to treat people who are suffering from moderate to severe pain is called opioids. Because they are not from organic material like poppy plants, these drugs vary from other medicines, including opiates. Opioids, on the other hand, are made wholly in laboratories from synthetic ingredients. The following are some examples of commonly used opioids:
● Morphine
● Propoxyphene
● Oxycodone
Abuse of any of these substances has the potential to be fatal. All of these treatments, unfortunately, are highly addicting. Further inquiries about opioid classifications could be answered by a skilled attorney, who could assist a plaintiff in determining their alternatives and understanding their circumstances.

Why Are Opioids So Risky?

In the United States, opioids have become a growing problem. An opioid overdose claims the lives of another 80 people. Even though prescription medicines are harmful, doctors continue to prescribe and refill them. Prescriptions for opioids have soared, even though Americans aren’t in any more incredible pain. Opioids have a significant potential for addiction. Taking opioids has been linked to various health problems, including death.

What Are The Health Consequences Of Opioids?

Prescription opioid medicines are pretty compelling. Opioids are to be only used to treat acute or terminal pain. Opioids did not traditionally treat Chronic non-cancer pain. Using it for anything other than acute or terminal pain was controversial for various reasons.
One reason for this is the well-known phenomena of psychological addiction that can emerge when you use these drugs. The other reason is that long-term use may pose health risks and have adverse side effects. Below are some of the most common opioid-related adverse effects and complications:
● Sedation
● Dizziness
● Vomiting and nausea
● Constipation
● Respiratory depression Physical dependence
● Delaying gastric emptying
● Hyperalgesia
● Compromised immune system
● Injury at the time of birth
● Hormonal imbalances, as well as Rigidity of the muscles

Who’s To Blame For Your Opioid Addiction?

Don’t allow pharmaceutical firms to convince you that you’re to blame for your opioid addiction and injuries. You were confident that the pain medication your doctor provided was safe. You assumed you’d been warned about all of the possible dangers. You believed you had made a well-informed health decision. Instead, you were most likely the victim of a deceptive disinformation effort. As a result, you may have a valid claim for damages against the drug manufacturer and the physician who prescribed your opioid medication.

1. Pharmaceutical Businesses

Any business that develops or sells a product is responsible for ensuring it is safe to use. Failure to state health issues may subject you to too strict liability under the state’s product liability statutes for any injuries.

2. Doctors, pharmacists, and other healthcare workers

Doctors and other healthcare providers are required by law to act in the best interests of their patients. Because of their specific education and training, healthcare professionals hold to a higher standard of care. They must practice medicine and write prescriptions in a way that causes the least harm to patients. Unfortunately, some doctors do not follow this protocol.

If your doctor or healthcare provider overprescribed opioid medicine or neglected to explain the risks of taking opioid prescriptions, you may have a valid medical malpractice claim. Similarly, if a pharmacist misses a wrong medication or provides you with the incorrect drug, resulting in your addiction or health problems, you may have a claim against them.

What Are Kinds Of Damages Available To Opioid Epidemic Victims?

When you sustain injuries because of the carelessness, negligence, or wrongful behavior of someone else, you are entitled to compensation for your losses. Our opioid injury lawyer at David E. Stanley, APLC, is here to help you maximize your financial recovery. We’ll pursue any damages to which you’re entitled.

Frequently Asked Questions

Who Is Eligible To Claim An Opioid Lawsuit?

People who grew addicted to opioids have filed lawsuits after reportedly being told they were not as addictive as long as taken as prescribed. Many additional parties have brought cases in addition to individuals and families. In addition, cities, counties, states, tribes, and schools have brought opioid lawsuits against drug companies to recoup damages to fund the costs of combating the opioid epidemic.

Why File Opioid Lawsuit?

Individuals, families, schools, and local and state governments must deal with the staggering costs of treating opioid addicts and their communities’ ramifications. Cities, counties, tribal governments, and states are pursuing opioid litigation against drug manufacturers to recoup damages related to the epidemic’s increased insurance costs, criminal justice costs, substance abuse treatment costs, lost productivity, and other fees.

Communities can utilize lawsuits or bankruptcy claims to hold pharma companies accountable for their roles in driving the opioid abuse crisis while also receiving damages to compensate for the losses they have sustained. In addition, local and state governments might potentially gain the resources they need to combat the opioid epidemic in their areas by filing lawsuits or bankruptcy claims.

Is There A Time Limit For Filing Opioid Claims?

Creditors have stringent timeframes to file claims with the bankruptcy court. The creditors named in the company’s papers are known as listed creditors. The court will notify these creditors and allow them to study the proposed settlement and file any objections they may have. There are strict deadlines for non-listed creditors to file claims in the bankruptcy process. Plaintiffs have until the deadline to file their evidence of claim forms with the bankruptcy court. They will lose their capacity to claim damages through the company’s bankruptcy proceedings if they do not comply.

The Best Opioid Addiction Attorney

If dangerous opioids have harmed you or someone you care about, you may be able to seek financial compensation. You might be able to pursue adequate monetary damages for your setbacks if you direct your claim at either the doctor who prescribed the prescription or the firm that developed it. It’s never simple to pursue these claims, but an opioid lawsuit lawyer like David E. Stanley, APLC, can help you get a better result. So get in touch with us right away!

To Schedule An Appointment,
Contact David E. Stanley, APLC
At 225-926-0200 Now!

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

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How Going Through The Drug Courts Protect Drug Addicts Persons

Addiction is a curable disease; however, most addicts find it difficult to seek proper treatment. Treatment of drug-addicted offenders offers a unique opportunity to lessen substance misuse and criminal behavior.

Those accused of certain drug offenses who agree that their addiction contributed to their illegal activities may be eligible for drug court procedures rather than regular criminal proceedings. Drug court can be a harm-reduction option for people already facing charges.

If you are facing drug charges, it is essential to seek legal counsel right away. Attorney David E. Stanley has years of experience defending clients in drug court and can help you get the best possible outcome for your case. Contact us today for a free consultation!

Need A Criminal Defense Attorney?
Call David E. Stanley, APLC, At 225-926-0200 Now!

How Can Going Through The Drug Courts Protect Drug Addicts

  • What Are Drug Courts?

The drug court is a type of specialized treatment court. In addition, there are drug courts for adults and children and family therapy courts. These one-of-a-kind courts aim to assist persons accused of crimes in obtaining therapy and support.
Rather than simply penalizing those charged with a crime, drug courts attempt to assist them in avoiding future criminal conduct by addressing their addiction. As a result, a defendant in drug court will usually have to work closely with a judge and other court specialists to overcome their addiction.

  • How Do Drug Courts Operate?

You can escape a traditional criminal trial if you qualify for procedures in the adult drug treatment courts. Here is how drug courts work:

● Drug courts assist individuals in recovering from substance abuse disorders to reduce criminal involvement in the future.
● As an alternative to incarceration, drug courts minimize the load and costs of processing low-level, nonviolent offenders through the courts, jails, and prisons while allowing offenders to obtain treatment and education.
● Participants in drug court must refrain from substance use, accept responsibility for their actions, and fulfill the legal obligations associated with the charges they have committed.

  • How Drug Courts Protect Persons Who Are Addicted to Drugs?

1. Access To Treatment

Drug education and treatment are the most prevalent services for convicts with drug abuse or addiction issues. These innervations include; therapeutic alternatives to incarceration, treatment combined with judicial oversight in drug courts, prison and jail-based treatments, and reentry programs designed to help offenders move from detention back into the community. Treatment before, during, and after jail has dramatically reduced drug use and drug-related crime.

2. Monitoring And Supervision

Despite their highly structured and restricted surroundings, illicit drugs are utilized in jails and prisons. Enforced abstinence can induce criminal justice professionals and addicts to underestimate their risk of relapsing after jail.

Addicts will face hurdles to their sobriety upon release from prison or jail due to many stressors that raise their likelihood of relapsing to drug use. By monitoring the recovering person for at least a year, the drug court helps offenders deal with concerns such as the stigma of being called an ex-offender, the necessity for housing and a respectable job, and the stresses of reunifying with family.

Frequently Asked Questions:

Will Drug Court Hear My Drug Possession Case?

Whether or not you will go to a drug court is determined by your charges and the circumstances surrounding those charges. Because drug courts are not in every jurisdiction, not all cases that qualify will be heard in one. You can find out if drug courts are accessible in your area by speaking with a local attorney. Drug courts only consider cases involving nonviolent criminal offenses involving drugs or alcohol. Your case will most likely be in criminal court if any component of the charges against you requires violence.

What Is The Difference Between Drug Courts and Other Courts?

Drug courts mix criminal justice and medical treatment concepts to deal with drug offenses. They understand that incarceration, especially for first-time and low-level offenders, may not be the most effective option for breaking the cycle of drug addiction and crime. Instead, drug courts promote cooperation between the prosecution, the prisoner, and the court, prioritizing rehabilitation above imprisonment. Drug court programs can result in reduced penalties or perhaps the dismissal of charges entirely.

What Is The Duration Of the Drug Court?

Adult Drug Court has a two-year minimum sentence. One year is the minimum sentence for Juvenile Drug Court. However, the period may extend based on a person’s progress.

The Best Criminal Defense Lawyer

Addiction is a severe disease. It has a chemistry foundation, but it also contains psychological and sociological components. Drug courts are effective procedures for the legal system to help people who are addicted to drugs or alcohol.

If someone you know has a drug addiction, speak with an experienced criminal defense attorney to find out if drug court is the best option for you. David E. Stanley has years of experience navigating the drug courts and will work hard to get you the best possible result in your drug addiction case. So don’t be afraid to contact us right away!

Call David E. Stanley, Criminal Defense Attorney
at 225-926-0200 Now!

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

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Six Narcotics Misconceptions You Should Know About

Some people don’t always understand the difference between a legal definition and its use in layman’s terms. The word “narcotic” is a great example. Most people associate narcotics with illegal narcotics such as heroin or opium. Many believe it refers to any chemical that can make the pain or the senses disappear.

It’s always crucial to ensure that people understand the charges they’re facing and that those involved in the sentencing process are using the phrases accurately. In some cases, it is lawful to possess narcotics. Therefore simply keeping them is not always a crime. How you obtained the drug and the particular narcotic in your possession will impact how your case is handled.

When defending yourself or trying to persuade a jury at trial, misunderstanding the vocabulary used to argue your case can make all the difference. If you are in legal trouble with narcotics, consult a criminal defense attorney, David E. Stanley. He’ll give you the best advice in any criminal case, including the possession of narcotics.

Need a Criminal Defense Attorney?
Call David E. Stanley Now at 225-926-0200

6 Misconceptions About Narcotics

1. The Correct Definition of Narcotics

Opioids and their derivatives are referred to as narcotics. As a result, narcotics can refer to illegal substances like heroin and medically prescribed medications like hydrocodone or morphine.

2. Not All Narcotics are Prohibited

If you’re accused of carrying narcotics, don’t automatically assume that what you possessed was prohibited. Instead, the charge states that you owned an opioid during your arrest.

Because not all narcotics are banned, it’s vital to understand that the charges you’re facing could be for illegally possessing a legitimate drug or be wholly false. For example, if you had a prescription for seven pills of hydrocodone, but your bottle included 14, you could be arrested for possession. Why? Based on your prescription, you have more than you are legally authorized. Selling legal narcotics might also potentially result in charges.

3. Overdose Deaths Have Increased Four Times

The use and misuse of opioid pain medicines since the 90s has rapidly increased due to a pattern of over-prescribing these medications. Opioid abuse has increased dramatically across the country and demographic lines.

Pain medicines were harder to obtain and more expensive when authorities clamped down on “pill mills” and “doctor shopping” across the country. As a result, many switched to heroin, which was less expensive and more readily available. This trend was reflected in the sharp increase in opioid overdose deaths across the United States, which nearly quadrupled between 1999 and 2014.

4. Only Illegal Substances Can Cause an Overdose is a Myth

The media’s sensationalism of celebrity deaths and relapses may be the basis of this myth, reinforcing the shameful societal stigma associated with addiction. However, both prescribed and illicit opioids were involved in 400,000 of the 700,000 drug overdose deaths (CDC). In addition, cross-contamination of illegal and prescription pharmaceuticals is also a common cause of overdose deaths.

Since the 1990s, overdose deaths from opioids have been on the rise in the United States, beginning with the misuse of prescription drugs.

Methadone, oxycodone, and hydrocodone were the most often abused opioid drugs. In addition, the use of heroin increased in 2010. Finally, in 2013, the usage of synthetic opioids such as fentanyl overtook heroin as the most common form of opioid addiction.

5. The Difference between Misuse and Abuse

You might not understand the distinction between “substance misuse” and “substance abuse” because there isn’t one. It’s only a question of semantics. According to the Surgeon General’s report on alcohol, drugs, and health, only about 10% of persons who require substance misuse treatment in the United States obtain it in any given year. One reason is the continuing social stigma associated with alcoholism and addiction.

As a result, professional treatment providers are increasingly using “substance misuse” instead of “substance abuse” because it appears to be less stigmatizing.

6. Medical Treatments Are Not a Replacement for Addiction Treatment

One long-held myth concerning pharmacological treatments to help persons with alcohol and substance use disorders is that treating craving and withdrawal with pharmaceuticals is equivalent to swapping one addiction for another.

Scientific studies have found that using methadone and buprenorphine to control opioid craving and withdrawal reduces substance misuse, the risk of relapse and overdose, criminal behavior, the transmission of infectious diseases, and helps addicts reclaim a healthy and functional lifestyle.

The belief held by many abstinence-based treatment programs using these drugs involves swapping one addiction for another is scientifically incorrect. Unfortunately, this has severely curtailed their use by those who could benefit from them. In addition, how methadone and buprenorphine can be prescribed and delivered has restricted their availability.

Frequently Asked Questions:

What Qualifies a Drug to be a Narcotic?

A drug qualifies as a narcotic when the pain reliever treats moderate to severe pain. Narcotics are no different than opiates like morphine and codeine but aren’t derived from opium. Instead, they link to opioid receptors in the brain and spinal cord.

Why Do People Take Narcotics?

People take narcotics because these prescription opioids commonly treat moderate to severe pain. Opioids can make some people feel relaxed, cheerful, or “high” in addition to treating pain and can be addictive.

Why Are Opioids Highly Addictive?

Opioids are highly addictive because they engage the brain’s powerful reward centers. In addition, endorphins, the brain’s feel-good neurotransmitters, are released when you take opioids. Endorphins reduce pain perception and increase pleasure emotions, resulting in a brief but profound sense of well-being.

Consult With A Reliable Attorney Today

David E. Stanley is a criminal defense attorney dedicated to working closely with each client to swiftly and effectively handle their legal issues so they can return to their regular activities. In every case, his goal is to deliver exceptional customer service and achieve the maximum degree of client satisfaction.

Looking for a Criminal Defense Attorney?
Contact David E. Stanley at 225-926-0200 Now!

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

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Four Ways You May Be Committing Fraud Unintentionally

Fraud intentionally distorts facts to deprive someone of a valued asset. Although fraud is sometimes a crime in and of itself, it is more commonly a component of other crimes such as gaining money by deception or impersonation. Fraud claims are serious. Not all incidents of the alleged fraud are true.

It is possible to do something that appears dishonest when you have no intention. If you are accused of fraud and can demonstrate that you had no purpose of defrauding someone, you may be able to defend your case effectively.

Suppose you accidentally committed fraud, a good fraud lawyer like David E. Stanley will be able to help you fight the allegations effectively. Always attempt to be open and honest and prevent fraud as much as possible; nevertheless, if you face fraud charges, give us a call and let us fight for you.

Do You Need Help with Fraud Charges?
Call Criminal Defense Attorney, David E. Stanley Immediately
at 225-926-0200!

4 Ways You May Be Committing Fraud Without Realizing It

The following are some ways ordinary individuals commit fraud without recognizing it.

1. Unintentional Tax Evasion

Unintentional tax fraud is one of the most prevalent types of fraud. There are various types of fraud, but accidental tax fraud is one of the most common. According to the Internal Revenue Service, tax fraud is defined as a taxpayer’s willful wrongdoing to avoid paying taxes. Therefore, you must purposefully deceive the government while paying taxes to fit this criterion and face charges. Mistakes on your tax return are not the same as tax evasion. Due to the tax system’s complexity, it’s usual for people to make mistakes later discovered during audits. The Internal Revenue Service does not usually accuse people of fraud, but in some situations, it may say that they were dishonest about their incomes or that they failed to file taxes. The IRS could accuse that individual of defrauding the government.

Auditing can happen for various reasons, including erroneously claiming the Earned Income Tax Credit or the wrong deductions. In reality, taxpayers may be unaware that they are wrongly claiming additional deductions or credits. Because many individuals are unfamiliar with tax law and rely on DIY applications to file their returns, problems are bound to occur.

2. Accepting Unemployment Benefits that Have Been Overpaid

Unemployment benefits are highly restricted regarding how much a person can receive based on any other income they may have and what they were earning when they last worked. Work and income conditions may change, resulting in the overpayment of unemployment benefits due to various variables. You are committing fraud if you obtain an overpayment of benefits and do not repay it. It may be tempting to retain the excess cash; you might compare it to getting too much change back at the grocery store (although you should return that as well); you might not even realize you received more than you were entitled to

3. Failure to Inform Your Car Insurance Company of Any Changes

Because it is unintentional, accidental fraud usually means that the person who committed it just made a mistake. For example, one of the most prevalent blunders is failing to notify your vehicle insurance company of any changes that may impact your premium. Failing to disclose changes in how you operate your car might get you in trouble. This includes reporting that you use your vehicle for work and ceasing to do so without informing your insurance company. These are less malevolent forms of fraud than, for example, arranging an accident to collect insurance benefits, but they are nonetheless fraudulent. Make sure your insurance agency is up to date on any changes that could affect your policy.

4. Contesting a Credit Card Purchase You Were Not Aware Of

People perpetrate credit card fraud differently, and if you make this error, you may fall into that category. Credit card issuers are usually extremely cooperative regarding fraudulent purchases made with your credit card. If you discover purchases on your credit card statement that you did not make, they will refund you the money and investigate the bogus purchase.

One mistake you may not recognize is finding purchases on your statement that you forget you made and reporting them as fraudulent to your credit card provider. This is called “friendly fraud,” and you may face harsh consequences if you do not return the money. Perhaps a family member purchased without your permission, or you signed up for a free trial that was then charged to your credit card without your permission. You have committed fraud if you receive a reimbursement from your credit card provider for these purchases.

Frequently Asked Questions:

What are the Three Types of Frauds?

The three main types of fraud are:
– Asset misappropriation.
– Bribery and corruption.
– Financial statement deception.

How Many Years Can You Get for Fraud?

Penalties for a well-planned and skillfully executed fraud can range from two to seven years in prison. Possession of fraudulent articles can result in community service to 12 to 18 months in prison for more complex frauds.

How Do Fraudsters Get Caught?

Fraud is commonly detected through employee tips, followed by internal audit, management review, and accidental discovery; external audit is the eighth most common way occupational frauds are initially detected.

Reliable Legal Representation

David E. Stanley, APLC, is a skilled attorney handling complex criminal matters and can aggressively fight for you. Mr. Stanley’s approach to law is straightforward. He works hard and dedicates himself to ensuring that his clients receive justice and the best possible conclusion in their case.

Need Advice on a Criminal Case?
Call David E. Stanley, Criminal Defense Attorney
at 225-926-0200 Now!

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

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Everything You Need To Know About Misuse Of A Credit Card

Over the last few decades, as credit lines have increased and aggressively pushed by banks and suppliers, so has the chance for persons to participate in identity theft, forgery, and other illicit conduct involving credit cards. The misuse of a credit card, also known as credit card fraud, occurs when someone obtains anything of value to defraud a credit card issuer or retailer by passing off a credit card or debit card that isn’t theirs. The ultimate purpose of this crime is to acquire “something for nothing” while leaving the bill to someone else. Contact a defense attorney immediately for some much-needed legal advice if you’ve been arrested or suspected of credit card fraud.

If charged with credit card fraud, Attorney David E. Stanley, APL, can offer you influential legal counsel if you have been accused of credit card fraud, regardless of your charges or the circumstances surrounding your case. Contact us for an appointment with a credit card fraud lawyer!

Call David E Stanley APLC At 225-926-0200 Now!

Everything You Need To Know About Misuse Of A Credit Card

What Is Credit Card Fraud?

Credit card fraud is a type of financial fraud that has become increasingly frequent in today’s world. Every year, an estimated $1 billion is stolen in the United States due to various credit card fraud schemes. As a result, people must know how to avoid or report lost or stolen credit cards.

What Are Some Examples Of Credit Card Misuse?

Many people do not consider the consequences of misusing credit cards, but it is illegal. The following are examples of credit card abuse:
● Obtaining a new credit card through deception.
● Buying a credit card from someone who isn’t the issuer.
● Selling a credit card to someone else.

These are only three examples of how a credit card could be illegally misused. Other types of misuse could be considered fraud, such as going over your credit limit and filing for bankruptcy to avoid paying.

Is Misuse Of A Credit Card The Same As Fraud?

Yes, it’s the same in a lot of circumstances. For instance, you are committing fraud if you lie about your salary to gain a higher credit card limit. Likewise, you may be committing fraud if you rack up debt to try to have it erased in bankruptcy without paying for the products you bought. Misusing credit cards can result in enormous financial losses for credit card lenders and other victims, which is why the regulation is so strict.

Those authorized to provide products and services can also commit credit card fraud. Did you know that charging more than you agreed to or issuing charges for stuff you did not agree to acquire is considered fraud by someone selling goods or services? If you don’t authorize the transaction, no provider can use your card to make a transaction.

How Can You Defend Yourself If Accused Of Credit Card Fraud?

It’s critical to be cautious while using credit cards to protect oneself. Ensure your customers agree to the terms and sign for the transaction if you receive money. If a credit card is offered to you from an unusual source, decline it. Knowing where you receive your credit and how you use it is critical to avoid being accused of attempting to cheat the credit card company or breaking the law in other ways.

Frequently Asked Questions

How Can I Prevent Myself From Credit Card Fraud?

Individuals can avoid credit card fraud by taking simple precautions, such as not giving out a credit card or PIN information unless dealing with a reputable company. In addition, not writing down PIN digits, keeping them in one’s wallet, and enrolling in online statements, allows a person to view charges online promptly. Another crucial action consumers can take to obtain a credit report regularly. A credit report can help a person figure out what loans and responsibilities they have under their name.

What Are Possible Defenses Of Credit Card Fraud?

A defense credit card fraud can be defended in several ways, including:

1. When a prosecutor or insurer cannot fulfill the burden of proof required to prove that a copy occurred, this is known as insufficient evidence.
2. A remark that is not deceptive. Making a false or fraudulent statement is one of the elements of financial fraud. However, if a defendant can demonstrate that the wrong fact was indeed an opinion or that the information was technically correct, they did not commit fraud.
3. Entrapment is when the government forces an innocent person to perform a crime that they would not have committed otherwise to catch them in the act.
4. Absence of financial fraud intent. A deception activity is included in the definition of fraud. The burden of proof is on the prosecution or the insurer. The defendant would have to demonstrate that they had no intention of committing financial fraud.

Is It Necessary To Get Legal Advice?

If you have any issues, questions, or worries about credit card fraud, you should speak with an experienced credit card fraud attorney. In addition, your attorney will inform you of the laws in your country and assist you in filing lawsuits against anyone who has used your credit card.

Credit Card Fraud Lawyers

The misuse of credit card charges can be a stressful and overwhelming experience. You’re undoubtedly concerned that your liberties and privileges are jeopardized, and you have any questions. However, you may relax because David E. Stanley, APLC, a criminal defense attorney, is on your side. Get the justice you deserve! Call us today!

Facing Criminal Charges?
Call David E. Stanley, APLC, At 225-926-0200 Now!

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

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Penalties For Drug Possession In Louisiana

Louisiana is one of the top five states in the United States with the worst drug possession penalties, with officials pursuing the maximum term. Suppose drug possession charges are brought against you in Louisiana. You must understand how the crime is prosecuted and the maximum punishment depending on the drug category.

Remember that every drug possession and trafficking case in Louisiana is considered a serious drug crime. After being arrested, you could be in a jail cell in a matter of hours, and if convicted, you stand to serve up to ten years in prison on a single drug possession charge. If you commit multiple drug charges, you might face up to forty years in jail!

David E. Stanley, APLC, is the best criminal Defense Attorney. He handles thousands of cases annually and ensures that his clients receive the best possible results. By contacting attorney David Stanley, you can discuss your drug possession charges or those of someone you love.

To Schedule An Appointment,
Contact David E Stanley APLC At 225-926-0200 Now!

What Are The Penalties For Drug Possession In Louisiana?

1. Louisiana’s Drug Possession Laws Are Strict

Did you know Louisiana has some of the country’s strictest drug possession laws? Unfortunately, their drug possession laws can be just as oppressive. If you’re discovered with even a tiny amount of illegal marijuana, you might face a two-week jail sentence and a $300 fine. If caught with more significant amounts of drugs, you might face a penalty of up to 40 years in prison!

2. Possession Of Any Amount Of Drugs Leaves A Permanent Mark On Your Record.

According to the state’s drug laws, getting caught with any illicit substance in Louisiana is a misdemeanor or crime. In addition, it implies that any amount will leave a mark on your criminal record for the rest of your life.

Because of the severity of the state’s drug possession penalties, you must treat drug possession accusations seriously. Therefore, getting caught with drugs is a serious matter that necessitates the assistance of an experienced criminal defense attorney.

3. Louisiana Has A Three Strikes You’re Out Rule Policy

A “three strikes and you’re out” rule applies, in which the third violation becomes a crime. It is not something you want to happen! People can see these marks on your criminal record if you have them. People will be able to know that you have drug charges if you apply for a job, try to buy a house, or receive a loan. It isn’t looking good!

Even if the cop who arrests you tells you not to worry about such a minor charge, you should get the services of a criminal defense attorney who can help you minimize the consequences.

4. Heroin Laws in Louisiana

Unfortunately, the country is currently experiencing a heroin crisis. Heroin is one of the world’s most addictive and dangerous narcotics. As a result, the penalties for possessing it are more severe than those for other opioids.
Even a minor possession charge will result in a minimum of four years in prison with hard labor, rather than a few days in jail and a small fine. The fines that come with it will be significantly higher as well.

5. Medical Marijuana

Louisiana has recently allowed the use of medicinal marijuana for people with serious medical problems. As a result, laws regarding the possession of marijuana if you have a medical condition have changed. However, the penalties will still apply if caught with any illegally obtained marijuana.

Frequently Asked Questions

What Factors Go Into Deciding Whether A Drug Charge Is A Misdemeanor Or A Felony?

A drug charge is punishable by hard labor and is considered a felony. For example, anyone convicted of possessing less than two grams of cocaine faces a jail sentence of a maximum of two years, with or without hard labor. In addition, they might potentially be fined up to $5,000. On the first conviction of a simple marijuana possession offense involving 14 grams or less, the offender faces a maximum fine of $300, a maximum sentence of 15 days in the Parish jail, or both. The only distinction is that simple possession of marijuana does not require hard labor. As a result, it’s a misdemeanor.

If Police Suspect A Drug-Related Offense, Can They Search A Vehicle Without A Warrant?

Without a warrant, an officer can search a car if he has probable cause to believe narcotics are present and there are exigent circumstances.

If I’m charged For A Drug Crime, Should I Hire An Attorney?

You should always seek counsel if you believe you are being investigated for a crime. In the event of a trial, you cannot use the fact that you hired an attorney against you. Whether or not you engage a lawyer early on will make no difference to a judge or jury; by giving helpful information or negotiating with the police officer, hiring an attorney before arrest may prevent you from being detained.

The Best Criminal Defense Attorney

If you are accused of having drugs on your person, you need to get a lawyer as soon as possible. You could get a long prison sentence or other harsh punishments if you don’t have an experienced lawyer on your side. David E. Stanley, APLC, has years of experience defending people accused of drug possession, and he will fight hard to get you the best outcome. So get in touch with us immediately to set up a free consultation.

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

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