Damico & Stockstill, Attorneys at Law

Baton Rouge Criminal Defense Law Blog

Don't face white collar crimes alone

Being a public official comes with a lot of duties. Whether they are newly sworn in or have been in office for years, their work and interactions are carefully looked at. If any of these actions are questioned with speculation of criminal activities, the public official could face serious charges for a while collar crime.

Whether it is bribery, environmental crimes or violations of the Hobbs Act, our Baton Rouge law firm has 35 years of experience representing public official for criminal allegations related to their position. At Damico & Stockstill, Attorneys at Law, our law firm is dedicated to helping public official diligently and timely address any criminal allegations in order to protect their legal rights as well as their career and public image.

The elements of bribery

Receiving gifts and thank you gestures are not rare in our society. They seem like generous acts that are relatively harmless; however, when completed in certain settings or between or among certain individuals, this can be viewed as a problematic situation. In some cases, giving someone else something of value could be viewed at as a bribe. And those accused of bribery could face serious criminal consequences.

The basic definition of bribery is the crime of accepting gratuity. In order to be charged with this crime, there must be proof of the basic elements of this crime. This means that the situation must include a public official and a thing of value. There must be a request or receipt by the official or an offer or promise to the official something of value.

Miranda warning: Did police remember to state yours?

Facing arrest in Louisiana is no small matter. Depending on the details of the events leading up to that unfavorable moment in your life, you may encounter serious challenges in trying to avoid conviction. Police officers often testify at criminal hearings. In fact, many situations, such as if you are facing drunk driving charges, amount to a cop's word against yours.

It is presumed that you are innocent of any crime, of course, unless proved otherwise, so at some point, someone needs to present evidence to the court that convinces a judge or jury that you did what prosecutors claim you did. You will hopefully be able to present a strong-enough defense to overcome the prosecution's quest to obtain conviction. A key factor in many cases has to do with a Miranda warning.

Louisiana DUI: It can ruin your career

It simply wouldn't be realistic to expect every person to go through life without ever making a bad decision that he or she later might regret. In fact, you've likely done so at some point in life and you might make a poor judgment call again in the future. The implications of your decisions depend on the events surrounding them. Some poor choices are easier to rise above than others are.

For instance, if you are a student at one of Louisiana's colleges or universities and you stay out all night partying with friends, then get low grades on a test because you did not study, you might recognize your own mistake and try to do better the next time. However, if, while partying, a police officer arrests you and you face DUI charges, that's a whole other story.

What are the elements of a robbery homicide?

Taking property that does not belong to you is considered a serious act. This is especially true when the property in question is worth a significant amount of money. However, no matter the worth of the property, when extreme force or a weapon is used during a robbery, this could have tragic results. If a person is killed in the course of a robbery, this could result in a robbery homicide charge, and such a charge could have harsh penalties if a conviction results.

What are the elements of a robbery homicide? This crime essentially encapsulates two crimes. First, a robbery must be committed. And in the commission of a robbery, a homicide is committee. The elements of robbery consists of the taking, with the intent to steal, the personal property of another person from his or her person, in their presence, against his or her will, by violence, intimidation or threat of force.

Two Louisiana women arrested for theft by fraud

Money is something that we need. While it isn't always something we need a lot of, the reality is that we need money to pay for our basic needs and to survive. However, when the way that a person obtains their finances is not through legal channels, this could present issues. In fact, if a person is accused of fraud, he or she could face serious criminal penalties.

This is what is happening with two Louisiana women. According to recent reports, the two women, ages 28 and 23, were arrested for going door-to-door in Tangiphoa Parish. Allegedly, the women were fraudulently collecting money for a sick girl. Law enforcement that arrested them stated that they both are supposedly addicted to heroin.

Understanding tax fraud charges

Every April, that dreaded day come; tax day. While there is no escaping it, it is a very daunting time for some individuals in Louisiana and elsewhere. However, it is essential to take the time to complete any necessary tax forms, paying anything due because failing to do so could result in criminal penalties for tax fraud.

When considering the number of taxpayers there are in the entire nation, roughly one percent of them represent those convicted of a tax crime. Another 17 percent make up the taxpayers that fail to comply with the tax code in some way or form. And when tax fraud does occur, it is the individual taxpayers and not the corporations that make up 75 percent of income tax fraud.

What are the penalties for drug possession?

Searches and seizures can happen for various reasons. It could stem from a traffic stop, occur following an arrest and even happen when a search warrant is issued on a residence based on probable cause. During a search, various items could be uncovered, one of them being drugs. Being in possession of an illegal substance could result in drug charges. However, one being in possession of drugs does not mean he or she will be convicted of drug possession. There are defense options available, making it imperative to understand the elements of this crime, penalties that could result and what defense strategies a defendant could use.

In Louisiana and other states, the penalties for drug possession vary greatly. For example, simple possession could range from a fine of $100 or less and a few days in jail to thousands of dollars in fines and several years in prison. A simple possession charge is typically the lightest penalty one could face, but this is dependent on the drug in question.

Helping you defend against drug charges

Whether we read it in the news or see it on TV, it is clear that drug crimes are taken seriously. Be it minor possession charges or allegations of a drug ring, state and federal law enforcement in Louisiana and elsewhere are hard on these crimes. Due to this, defendants are often faced with various charges related to the offense, resulting in potential penalties that could impact the accused's personal and professional life.

While the prosecution is attempting to see what charges will stick by charging the alleged offender with every crime possible, it is important for defendants to understand that many of these charges will drop on their own because there is not enough evidence. And for the charges that remain, it is possible to poke holes in the case, as the evidence piling up against the accused could be challenged and suppressed.

Things to know about field sobriety tests before taking one

Have you ever noticed how things sometimes in happen in life when you least expect them? For instance, you may pack up a picnic and head to the lake because your weather forecast projected a bright, sunny day then find yourself in the midst of a sudden, unexpected rainstorm that leaves you dripping wet and disappointed.  

Some unexpected events can cause more than disappointment. They can prompt serious legal problems as well, such as if a Louisiana police officer pulls you over in traffic, asks you to take a field sobriety test then fails you and uses it as probable cause to arrest you for suspected drunk driving. That's why it's critical that you understand the ins and outs of such tests ahead of time and know how to protect your rights.  

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Damico & Stockstill, Attorneys at Law

8048 One Calais Avenue | Suite A | Baton Rouge, LA 70809-3483 | Phone: 225-250-1812 | Fax: 225-769-0195 | Baton Rouge Law Office Map