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June 2018 Archives

Criminal defense counsel may file to suppress coerced confessions

Louisiana, like all other states, is seeing an increase of criminal charges and convictions of persons in authority for a variety of crimes. Recently, there has been a flood of law enforcement officers being arrested on various charges relating to their treatment of suspects, including those arrested for alleged traffic or DUI offenses. There have always been a small number of cases where narcotics officers are dealing in drugs and addicted to boot. One of the most curious types of offenses is the arsonist who works for the local fire department; this situation puzzles and amazes both prosecutors and criminal defense counsel alike.  

Police charge 18-wheeler driver with drunk driving, hit and run

It is not that often that Louisiana authorities arrest the operator of an 18-wheeler for DWI while driving through city roadways. The Houma police reported recently that they had that distinction when they detained and charged a 35-year-old male with drunk driving and hit and run. The police responded to reports that a rig towing a large box trailer was being recklessly operated on a city street.

2 localities won't hold suspects without criminal defense rights

Frontier "justice" may have recently come to an end in certain rural parts of Louisiana. Capping an investigation that started a few years ago, the U.S. Justice Department has announced that it has entered into agreements with local governments in the city of Ville Platte and in Evangeline Parish, which are located about 80 miles west of Baton Rouge. The police in those localities, apparently oblivious to such things as constitutional law, were accustomed for many years to arresting and holding people for questioning without due process, including with no criminal defense counsel, arraignment, bail or other required protections.

Taking photos immediately following a car wreck may be helpful

The experience of being in a motor vehicle crash caused by another person's carelessness can understandably be devastating. Emotions will typically run high, and if you have suffered an injury in the accident, you may have many worries about how this will impact you financially going forward.

Consent is not a criminal defense to sexual assault by police

A new Louisiana law that regulates police behavior during an arrest has been passed without any discernible opposition by police organizations or individual officers. The law prohibits police from having "consensual sex" with a suspect during an arrest. The issue was raised in the past year when two police officers in another state tried to assert the criminal defense of consent in a case where the officers were arrested for allegedly raping a female suspect in the back of a police van.

Police say man driving lawnmower arrested for drunk driving

Everyone has their own idea of how to enjoy the leisure time of a Saturday evening. One Louisiana man's idea of a good time is not one that most people would consider. The police in Lafourche Parish also did not share the man's idea of a recreational outing. They say that they pulled the 59-year-old over while he was driving a lawnmower on the shoulder of LA 3162 just after midnight on May 22. They eventually arrested him for drunk driving.