Criminal Defense FAQ

Northwestern Louisiana Criminal Defense Attorney Answers Frequently Asked Questions about Criminal Law

Do the Police Have the Right to Search my Home?

People mistakenly believe that they are obligated to give the police the right to search their home, car, or persons. But in fact, no one is obligated to give the police consent to search anything. The US Constitution states clearly that "all persons shall be secure in their property and effects and shall be free from unreasonable searches and seizures by the police". In the state of Louisiana, the Constitution includes a right to privacy not in the federal constitution. It is absolutely within your rights as a citizen of the state of Louisiana to say to the police in question that they do not have permission to search your home without a warrant. If your polite refusal is ignored, this violation of your rights can be used in court to defend the case. Contact the criminal attorneys at the Louisiana Law Offices of Mark D. Frederick at 866-385-4007 to help you deal with this violation of your rights.

What Are the Potential Penalties for Domestic Abuse Battery?

Domestic Abuse Battery is the intentional use of force or violence against a spouse, significant other, or family member who you have lived with in a domestic situation at some point in the previous three years.

The possible sentence for Domestic Abuse Battery in the state of Louisiana is a fine of $300 - $1000 and imprisonment for not less than 30 days nor more than 6 months. If you have been charged with Domestic Abuse Battery, call the Northwestern Louisiana Law Offices of Mark D. Frederick at (555)555-5555 to assist you minimize the impact this can have on your life.

I Am Being Harassed-What Can I Do?

In Louisiana, a magistrate or justice of the peace can order a "peace bond" for someone who is suffering from harassment or threat of violence by a defendant. The person requesting a peace bond must file an affidavit with the magistrate or justice of the peace, who then will issue a summons ordering the defendant to appear. A hearing is held, and if the magistrate determines there is just cause to fear that the defendant is about to commit an offense against the victim, the judge may order the defendant to give a peace bond, which costs the defendant $1,000, and is six months long. If the defendant doe not breach the peace in that time, the money is returned. If he or she does break the peace bond, the money is forfeited and the defendant will be jailed for up to 5 days. If the 6 months is up and the defendant does not breach the peace, the money is returned and the peace bond considered served. If you are suffering from harassment, you require legal assistance.

Call the Shreveport, LA Law Offices of Mark D. Frederick at 866-385-4007 to get the help you need.