Baton Rouge Criminal Defense Law Blog

Helping you with your DUI defense

On behalf of Damico & Stockstill, Attorneys at Law posted in Drunk Driving on Thursday, March 14, 2019.

Being pulled over may not seem like something major; however, when a traffic stop results in a drunk driving charge, this matter is too serious for Louisiana drivers to just dismiss as a minor traffic violation. Whether it is a motorist's first or third DUI charge, it is important to take these matters seriously, as they can carry harsh penalties.

At Damico & Stockstill, Attorneys at Law, we understand how serious these matters are. A strong defense could mean the difference between being convicted of a DUI and having the charge dismissed. Not all drunk driving charges are the same; therefore, we take the time to understand what happened in each of our client's unique situations and determine what defense option is the best for them.

What is second-degree murder?

On behalf of Damico & Stockstill, Attorneys at Law posted in Murder & Other Homicide Crimes on Saturday, March 9, 2019.

Being accused of a violent crime can carry significant hardships when compared to nonviolent crimes. These allegations can immediately tarnish one's personal and professional reputation, making it challenging to go back to one's normal life following the criminal process. This makes it imperative to not only initiate the criminal defense process as soon as feasibly possible, but for defendants to fully understand the charges against them and what defense opportunities he or she might have.

When a person is accused of murder, this is a serious matter that can significantly impact the accused. However, the type of murder charge can change the penalties one might face. For example, the criminal consequences are more severe in Louisiana and elsewhere for those facing first-degree murder than those charged with second-degree murder. Thus, it may be beneficial for one to seek a reduction to second-degree murder when initially charged with first-degree murder.

Are you facing charges of identity theft in Louisiana?

On behalf of Damico & Stockstill, Attorneys at Law on Thursday, March 7, 2019.

You undoubtedly never wanted to find yourself accused of a crime. Of course, like many others who never had such a desire, you have nonetheless found yourself in hot water with the authorities. Now, you must work to understand the allegations you face and your options for defending against them.

A serious crime that has become more prevalent across Louisiana and other parts of the United States is identity theft. You may have felt shocked when you had accusations of such a crime leveled against you, but still, you must take the necessary steps to see your criminal case through to the end.

Louisiana man arrested for contractor fraud

On behalf of Damico & Stockstill, Attorneys at Law posted in White Collar Crimes on Thursday, February 28, 2019.

Eventually, we all hire another party to complete a task for us. This might be to construct something, make repairs or even complete our taxes. When individuals hire an individual or company to complete these tasks, they not only believe that this party has the ability and expertise to complete these projects but also believe that they will be completed. A person that claims they are a licensed professional that can lawfully complete these acts and does not do so or is not properly licensed could face repercussions. In fact, this could result in fraud charges.

Take, for example, a recent matter in Louisiana. A man from Baton Rouge was hired to renovate a home. Based on reports, the man took money from the homeowner but allegedly failed to do any of the work he was hired to complete. This resulted in his arrest for contractor fraud.

Consequences for refusing to take a breath test

On behalf of Damico & Stockstill, Attorneys at Law posted in Drunk Driving on Thursday, February 21, 2019.

When individuals in Louisiana and elsewhere get pulled over, they often want the stop to be over with. Many hope to get off with jut a warning; however, others are faced with a more serious fate. While this could look like a traffic ticket, if an officer suspects that a motorist is under the influence, it could also mean facing a drunk driving charge.

In order to establish whether or not these suspicions are correct, law enforcement officers will initiate a field sobriety test. This typically includes various tests that help the officer establish whether or not the motorist in question is under the influence of alcohol. These results of these tests could give rise to an officer requesting the motorist to submit to a breathalyzer test.

What is drug trafficking?

On behalf of Damico & Stockstill, Attorneys at Law posted in Drug Charges on Thursday, February 14, 2019.

Being caught in possession of an illegal substance can be a difficult predicament. In addition to facing possession charges, law enforcement may make speculations as to why one is in possession of an illegal substance. If the quantity is large, this could lead to trafficking allegations. Facing such charges is serious, as it could lead to severe penalties. Thus, it is important to explore what defense options are available to the accused.

What is drug trafficking? When compared to drug possession, this is a much more serious crime, as it is a felony. If law enforcement believes that the accused is in possession of drugs for the intention or purpose of transporting or selling them, then drug trafficking charges could result. The evidence most often used to make such conclusions is being found in possession of a large quantity of drugs or cash.

Drug impairment testing is not foolproof

On behalf of Damico & Stockstill, Attorneys at Law on Tuesday, February 12, 2019.

Determining whether a driver is impaired by alcohol seems relatively easy. Often, police can smell alcohol on a driver's breath, but a test of a driver's blood alcohol concentration is usually the per se indicator of impairment. A driver with a BAC of .08 percent or higher is over the legal limit in Louisiana and most other states.

While it sounds fairly straightforward, it is not always foolproof. Devices used to measure your BAC are not always reliable, and roadside tests can be too subjective to hold up in court. Therefore, it makes sense that the tests and procedures police use to detect whether you are under the influence of drugs might be similarly unreliable.

Helping you initiate a criminal defense against fraud charges

On behalf of Damico & Stockstill, Attorneys at Law posted in White Collar Crimes on Thursday, February 7, 2019.

There are many deceitful acts that could land individuals in Louisiana and elsewhere in hot water. Whether it stems for an individual's place of employment or not, being accused of fraud can be detrimental to one's personal and professional reputation. The impact of these criminal allegations can be huge, making it vital for one to explore what criminal defense options one might have.

With over 25 years of experience, Damico & Stockstill, Attorneys at Law, has seen its fair share of white collar crime cases. These can range from misdemeanor to felony charges, and could include private citizens or public officials. No matter the details that led to these allegations, our attorneys are focused on helping our clients clear their name.

Staying safe while going out in college

On behalf of Damico & Stockstill, Attorneys at Law on Thursday, January 31, 2019.

While in college, you and many other students in Louisiana undoubtedly want to obtain a quality education and also have a good time. After all, college is the first time many young people are away from their parents and can truly make their own decisions in certain situations. As a result, you may understandably want to make the most of this time in your life.

However, it also pays to remain safe and responsible during this time. While that does not mean that you have to spend every night in your dorm room studying, it does mean that you should recognize the risks and possible consequences of going out and acting irresponsibly.

Medicare fraud and potential civil and criminal penalties

On behalf of Damico & Stockstill, Attorneys at Law posted in White Collar Crimes on Thursday, January 31, 2019.

There comes a time in some individuals' lives where he or she is required to submit claims to the federal government. This may seem like a menial task, however, the details provided by those living in Louisiana and elsewhere are taken at face value. While human error can take place, it is believed that a person deliberately lied on some of these claims; this could be deemed a false claim.

Based on the False Claim Act, the federal government, and even private individuals in some cases, are allowed to sue a person or entity making fraudulent claims. In order to face criminal charges under this act, it must be proved that the Act was violated.