Damico & Stockstill, Attorneys at Law

Baton Rouge Criminal Defense Law Blog

What are the effects of a blood alcohol content level of 0.08?

Louisiana is a state known for its celebrations. Whether it is Christmas, New Year's Eve or Mardi Gras, people will toast to the season with a drink and a cheer.

However, it is important that those who choose to drink this time of year do so responsibly. This is because if a person's blood alcohol concentration is at 0.08 or above, that person could be charged with drunk driving. Having a BAC that high can be dangerous, as it can affect a person's ability to concentrate. It can also cause short-term memory loss and make it difficult for the driver to maintain the proper speed. In addition, a person's ability to process information is compromised when their BAC is that high, and their perception may be impaired.

The ins and outs of DUI checkpoints in Louisiana and beyond

You may have noticed that police seem to show increased presence on Louisiana roadways at certain times of year. For instance, because Fourth of July weekend, Labor Day and other major holidays are typically times of increased numbers of collisions (many of which are due to driver negligence) police often increase patrols at such times in high traffic areas.

If you get caught in a long line of standstill traffic and realize the source happens to be a DUI police roadblock, not only might you be late in reaching your destination, you might wind up facing criminal charges if things don't go your way when it's your turn at the checkpoint.

What are some possible defenses to drug possession charges?

Sometimes a person in Louisiana is just in the wrong place at the wrong time when a crime they are not involved in allegedly takes place. This can be the case with certain drug offenses, such as drug possession. In situations like this, it is good to have an understanding of what possible defenses a person may have. Of course, this is just a general overview of drug possession defenses -- an attorney can assess a person's case to determine which defenses are appropriate.

One defense is that the drug charges came from an unlawful search and seizure. For example, if police made a lawful traffic stop, and drugs in the vehicle were in "plain view" this would not violate the Fourth Amendment. However, if police broke into the trunk of the vehicle with a crowbar without the permission of the accused, this may violate the Fourth Amendment. If this is the case, then the drugs found cannot be admitted as evidence in a person's case and it is possible that the charges against the person will be dropped.

Police officer accused of payroll fraud, falsifying tickets

Police officers are important members of the community, upholding the law and making Louisiana a safe place to live. Therefore, when a police officer is accused of a crime, it can have a very detrimental effect both in the life of the officer and his or her reputation in the community.

A Louisiana State Police officer has recently been suspended from his job after being accused of payroll fraud and falsifying tickets. He allegedly made misrepresentations on his timesheets and he also allegedly issued false traffic tickets. According to reports in 2016 the officer earned $240,000, $147,000 of which was compensation for overtime. However, reportedly investigators saw him at his house during the times he reported as being at work for shifts lasting as much as 16 hours.

What are insurance fraud investigators looking for?

Like almost everyone, you are probably on the lookout for ways to improve your financial situation. This may mean hunting for bargains, cutting back on expenses and finding ways to bring in a little extra cash. If you are a Louisiana business owner, you know the importance if increasing your cash flow and being frugal with your spending.

However, some people may unknowingly commit insurance fraud to make extra money. In many cases, this is "soft fraud," which involves exaggerating or being less than truthful on a claim. And there's also "hard fraud," which typically involves intentionally fabricating a claim. While some people see fraud as a victimless crime, the insurance companies and the federal government see it differently. If you are under investigation for insurance fraud, your concerns and worries are well-founded.

Asserting a strong and solid defense against murder charges

Murder is known as one of the most serious charges an individual could face. A homicide allegation does not only tarnish a person's reputation, but it also places that in a situation where they could face harsh penalties if a conviction results. Therefore, it is imperative that defendants take immediate action to protect their rights and well as their personal reputation.

How you respond to a murder charge can make a huge difference. Taking the necessary steps to develop a criminal defense could mean the difference between spending a lifetime in jail and having a short sentence or the charges dismissed. At Damico & Stockstill, Attorneys at Law, our experienced legal team is focused on providing solid, strong and aggressive criminal defenses. We are devoted to helping individuals in the Baton Rouge area navigate the criminal defense process.

What are police looking for when they suspect someone of DUI?

A police officer must have reasonable suspicion to pull you over for suspected DUI, and to arrest you, the officer must have probable cause.

Reasonable suspicion is typically established when an officer sees a driver violate one or more rules of the road. Probable cause is most often established when a driver fails field sobriety testing or fails a roadside breath test. But what are police officers in Louisiana specifically looking for when they make a DUI arrest?

Understanding the different degrees of murder

Facing a murder charge, no matter which way you look at it, is a serious situation. However, because there are different degrees of murder, it is important to understand what this means in terms of criminal elements and potential consequences. This could also give a defendant a better perspective when it comes to understanding what evidence is used against them, how it was collected and how they could weaken the case against them by having evidence removed.

Second-degree murder is considered to be the middle ground between first-degree murder and voluntary manslaughter. A person is accused of second-degree murder when there is an intentional killing that is not premeditated or planned or committed in the heat of passion. Additionally, it is also a killing that is caused by the dangerous conduct and the accused's lack of concern for human life. Both of these elements must be proven to result in a criminal charge and conviction.

Taking an aggressive approach against DUI allegations

No one enjoys facing traffic violations. While these are typically minor offenses, they still have the ability to impact your personal life and cause you to endure fines and other penalties. However, when a motorist is accused of drunk driving, he or she will likely treat this more seriously than a speeding ticket. This is for a good reason because a driver could face penalties such has large fines, license suspension and other consequences.

Thus, a driver facing a DUI will want to take steps that could help them reduce or eliminate the charge against them. Whether this is your first offense or not, it is important to understand your rights to a criminal defense. The attorneys at Damico & Stockstill, Attorneys at Law, have years of experience handling a wide variety of DUI cases. Our law firm is dedicated to helping individuals in Baton Rouge assert their rights and clear their name.

Passenger of vehicle faces 12 drug charges

Traffic stops can be the source of drug charges. In fact, it is not only the driver of an automobile that could face allegations of a drug crime. Anyone traveling in the vehicle could endure the consequences of a drug crime; however, anyone accused of such a crime has the ability to assert a defense.

According to recent reports, a traffic stop in Louisiana resulted in two individuals facing criminal allegations. Based on preliminary reports, this traffic stop has resulted in an officer-involved shooting while the vehicle was stopped on Highway 3033 near Elkins Road in West Monroe.

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