Damico & Stockstill, Attorneys at Law

Baton Rouge Criminal Defense Law Blog

Helping you timely address a DUI charge

Once we hit the age of 16, most individuals in Louisiana and elsewhere obtain a license to drive. And when we finally reach age 21, we seek to legally drink. While both of these activities are legal to do once the proper age is reached, doing both activities at the same time is not only considered dangerous but could also result in a driver facing criminal charges. Although a DUI is a traffic offense, it is one that could carry harsh penalties, especially if it is not a driver's first allegation. Thus, taking these matters seriously and exploring defense options is a vital step to take.

Even if the penalties associated with a DUI are not as harsh as those imposed against those accused of more serious criminal charges, the truth of the matter is that a DUI could still result in a driver enduring serious consequences. Hefty fines, license suspension and even jail time are a possibility. This is why the attorneys at Damico & Stockstill, Attorneys at Law, are dedicated to helping individuals in the Baton Rouge area create a strategic defense against drunk driving allegations.

Facing a DUI charge in Louisiana? These issues that may affect your case.

Facing drunk driving charges was not on your list of things to do at college, but things don't always go as planned. Maybe you experienced a lapse in judgment and now regret your decision to drive home from a party, or maybe you believe you have evidence to show that the prosecution's case against you is faulty. 

Building a strong defense is often possible if you know your rights and where to seek legal guidance. Several key factors may positively or negatively affect the outcome of your situation. Facing a DUI charge is scary, and realizing that the court's decision may have consequences that impact your entire college career can be very stressful. This post provides useful information to point you in the right direction for possibly avoiding a conviction and getting your life back on track. 

Drug charges and pretrial diversion program

There are some criminal charges that could seriously impact a person's personal and professional reputation. A drug charge is one of those. Whether it is a minor or major charge, this type of criminal charge has the tendency to impact one's life, as it could present issues when applying for financial aid for college or applying for a job. Thus, it is important to consider your defense options as well as mechanisms available to reduce the penalties faced by such a charge.

For those facing drug charges in Baton Rouge, it might be possible to avoid criminal penalties by entering into a pretrial intervention program. This program is designed for first time offenders that have had no prior contact with the criminal justice system. Additionally, it is up to the District Attorney's office to determine who qualifies for this program or not.

Did drinking on campus land you in jail?

What would happen if your college professor gave you an assignment to write an essay about the social, emotional and academic challenges you have faced since your first semester in college? You'd likely have no shortage of content. If your college experience has been similar to average students' situations throughout the nation, you could probably fill three to five (if not more) pages on each of the categories just mentioned.  

If your campus life sometimes (or often) includes drinking alcohol, you might be able to do an entire essay on that topic alone. No matter what your particular reasons might be, college situations that involve alcohol often lead to legal problems for one or more people. If you go to a party but later wind up in jail, it's important to know where to seek legal guidance with the goal of protecting your future. 

What is tax evasion?

We all make mistakes. Most of the time it is because we overlooked something, missed it or forgot to do a step. Regardless of the reason, mistakes are not always an excuse for some actions. Unless it is a common or minor error, mistakes made on taxes could fall under the category of tax fraud. However, this is also the case when someone purposefully acts or attempts to make it look like a simple mistake. Such a situation could land a person is some hot water, as these tax crimes could result in serious criminal penalties.

What is tax evasion? This occurs when an individual or a company purposefully underpays their taxes. The IRS realizes that the tax code is complicated and mistakes can occur. However, the IRS understands what mistakes could be made and what it looks like when an individual deliberately intended to underpay their taxes.

Two arrested in Louisiana for Medicaid fraud

We all have told a lie at some point. Some of these situations are extremely minor, causing little to no ramification. However, some lies are more serious than telling someone a white lie to boost their emotions. Some lies or acts of deceit could result in a person facing criminal charges. Fraud allegations are serious and should be treated as such. Therefore, defendants should take the time to understand their situation and how best to go about developing a defense that could help them clear their name.

According to recent reports, the Louisiana Attorney general reported that two individuals were arrested for Medicaid fraud. Authorities arrested a 54-year-old man on four counts of Medicaid fraud. Based on allegations, the man provided false service logs for times he was working as a fulltime teacher. This amounted to $6,937.29 paid by Medicaid for services not rendered.

Can you refuse a field sobriety test?

Let's face it; we all hate getting pulled over, no matter the reason or speculation. It can be a frustrating experience because no one wants to face a traffic violation. However, being stopped by law enforcement is possible in Louisiana and elsewhere. And in some cases, it is because officers suspect that a motorist is under the influence of alcohol. When this occurs, police officers will likely take steps to attempt to prove their suspicions that a motorist is drunk driving.

The best way to establish whether a driver is intoxicated is by conducting a field sobriety test. This three-part test can help establish a driver is too impaired to be driving. This includes the horizontal gaze nystagmus, walk-and-turn test and the one-leg stand test. This test is officially endorsed by the National Highway Traffic and Safety administration and most law enforcement officers will ask drivers to submit to these test to establish whether they were driving drunk or not.

What is wire fraud?

Many people in Louisiana have been hit hard financially due to the number of disasters that have affected the state over the years. Those in such positions are often looking for help, and there are plenty of people and companies out there -- online and in person -- offering it. There are also those who will face accusations of fraud if their services do not produce positive results. Have you found yourself in such legal trouble?

Wire fraud is big right now, and it really has been for some time. What is this type of fraud? What elements must exist for a person to be convicted of a crime in such a case? If charged with wire fraud, how can you defend yourself?

Marijuana laws in Louisiana

Some crimes seem simple and minor because of the way society treats them. Much debate surrounds marijuana usage. Many view it as a harmless substance that has actual medicinal properties. However, this is a harmful perspective to have because the truth of the matter is that it is illegal in most states and could result in serious criminal penalties if the accused is convicted of this specific drug crime.

The marijuana laws in Louisiana are viewed as being one of the strictest laws in the country. This drug offense could occur no matter the amount a person is discovered to be in possession of. For first-time offenders found with any amount of marijuana up to 60 pounds, they could face a fine up to $500 and six months in jail. This is considered a misdemeanor offense.

Helping you assert a defense against drug charges

It could happen at any point and anywhere. When you are driving, a passenger in a vehicle, walking down the street or at your personal residence, an officer could initiate a search based on reasonable suspicion. This search could result in the uncovering of a wide variety of evidence. In some cases, this could result in a person facing drug charges.

Such a situation is complex and overwhelming. A drug charge is often based on multitudinous evidence; however, defendants in Baton Rouge should note that all this evidence is often not all credible. This means that a defense strategy could be devised to challenge evidence used against him or her, helping the accused clear their name and avoid serious penalties.

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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