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Criminal Defense Archives

Murder conviction set aside after lawyer found to be ineffective

Every criminal defendant has a constitutional right to be represented by a competent lawyer. Even murder convictions can be set aside if the court believes that the defendant's lawyer did not provide an effective defense to the criminal charges in the case. In a recent case, an Orleans parish judge reversed a murder conviction after finding that the defendant's attorney did not provide a competent defense.

State computer leads to arrest on child pornography charges

Most people who are arrested and charged for possession or sale of child pornography use they home computers for the criminal activity. In a remarkable variation on this theme, the recent arrest of a former employee of the Louisiana Secretary of State's office was facilitated by the defendant's use of his office computer to acquire the illegal images. The man now faces a number of potentially serious criminal charges.

Domestic assault: hearing both sides of the story

Domestic violence, sometimes called domestic assault or domestic abuse, occurs when a person assaults or abuses a member of their family or household. It can include a pattern or cycle of violence and can involve physical violence, emotional abuse and other forms of inflicted harm. In Louisiana and jurisdictions throughout the country, domestic violence charges can be alleged in marital relationships, parent-child relationships, relationships that involve unmarried cohabitation and other domestic situations.

Protect your rights with a dedicated criminal defense attorney

In the American criminal justice system, defendants are to be considered innocent until they are proven guilty. As such, the prosecutors who bring charges against individuals in the criminal courts are tasked with proving all of the elements of the crimes that they allege the defendants to have committed in order to secure guilty verdicts at trial. However, as some Baton Rouge residents may know, a presumption of innocence after a criminal charge may feel like empty words during a stressful and tense pretrial period.

How can plea negotiation help me in my criminal case?

Television crime shows provide many Baton Rouge residents with entertainment each week but also, in a very limited and generalized way, provide a small glimpse into some of the areas of defense work that individuals may use to lighten or eliminate their pending criminal charges. One element of a criminal defense strategy that readers may be familiar with is plea negotiation, and this post will discuss in general some of the ways this strategy can help criminal defendants.

Familial DNA testing may create criminal defense challenges

During the investigations of allegedly criminal matters Louisiana law enforcement officials collect DNA evidence that they attempt to match to DNA samples in a database so that they may learn the identities of the individuals they believe perpetrated the underlying crimes. There are problems with the current system of collecting and testing DNA; in some cases individuals are wrongly identified as the perpetrators of violent crimes when in fact they are completely innocent.

Understanding the basics of plea bargains

There are a variety of ways a criminal case may progress through the criminal justice process. One method of resolving a case is through a plea bargain. Plea bargains are a common method of resolving criminal cases in the United States. A plea bargain is an agreement between the individual accused of a crime and the prosecuting attorney in which the accused individual pleads guilty typically in order to receive a reduced sentence or reduced criminal charges. Plea bargains are primarily utilized as a method of saving time and money while resolving criminal cases.

What types of plea bargains are there?

Most of us have heard the term plea bargain but may have wondered exactly what it refers to and what different types of plea bargains might be available. In general, plea bargaining is a method of reducing charges or potential penalties through an agreement between the accused individual and the prosecutor prosecuting the case. There are generally three types of plea negotiations, including charge plea bargaining, sentence plea bargaining fact plea bargaining.

Understanding the serious issue of domestic violence

Domestic abuse is an unquestionably serious concern for individuals involved in alleged domestic violence situations and for families and communities. There are a variety of behaviors that may be considered domestic abuse so it is helpful to be familiar with what those are if involved in family violence circumstances. Domestic violence circumstances can have a potentially serious impact on the future and freedom of the accused individual so it is important to understand what domestic violence refers to and includes.

Confrontation with ex-girlfriend leads to allegations against man

Baton Rouge residents might not be thinking about the long-term consequences in a moment of anger. After the fact, though, they will face a litany of issues if there is an incident and it leads to allegations of assault and other crimes. When arrested and dealing with these charges along with the penalties, one of the most important decisions is to plan for a strong criminal defense. This is key regardless of the charges that a person has lodged against him or her.