Damico & Stockstill, Attorneys at Law

December 2012 Archives

New York woman extradited to Baton Rouge on charges related to 1984 slaying

A New York woman accused of killing Crowley businessman Gary Kergan back in 1984 reportedly arrived in Baton Rouge last Thursday after being extradited. The 47-year-old Astoria woman was arrested in New York earlier this month.

Man accused of raping woman after wedding unanimously acquitted by jury

Earlier this month, a 44-year-old man was acquitted of forcible rape in connection with an incident last year. The jury unanimously acquitted the man after a two-day trial that was largely based on testimony from the alleged victim and the defendant.

Judge asks others to consider age before sentencing sex offenders

One of the most well-known federal judges has recently weighed in on what he thinks about sentencing older sex offenders to what he calls "superlong sentence[s]." Judge Richard Posner is urging other judges to be very conscious about their sentencing when dealing with older offenders. He would rather see someone sentenced to a shorter sentence so that the offender could work and contribute to society following his or her incarceration, rather than die in prison or leave when he or she is quite elderly.

Police arrest father-son pair for growing marijuana

In order to be convicted of a crime, Louisiana prosecutors must show that a suspect committed the actions they allege and that the actions constitute a crime. Prosecutors must provide sufficient, credible evidence, because they must meet a high burden: "beyond a reasonable doubt." This means that if prosecutors fall anywhere short of this burden, they will not be able to convict someone of a crime. When there is insufficient evidence, it calls into question why police arrested someone in the first place.

Towing company offers free ride to would-be drunk drivers

A DUI conviction carries serious penalties, and no one in Louisiana wants to go to jail, pay fines or lose driving privileges. But with the holidays come the increased risk of DUI charges, and Baton Rouge residents can save themselves a lot of trouble by taking some cautionary measures.

Cops accuse 22-year-olds of trying to have sex with juveniles

Regardless of what the so-called "court of public opinion" assumes from the outset about sex-crime allegations, prosecutors need evidence to convict anyone of a sex crime. Evidence must also be obtained in the proper manner as well as prove beyond a reasonable doubt that a defendant is guilty. Failing those criteria, a prosecutor cannot secure a conviction.

Louisiana woman accused of health care fraud

Authorities can be very aggressive in their enforcement efforts against health care fraud. Serious criminal charges can be brought against an individual if he or she is accused of such fraud. This can be seen in a health care fraud case that has recently arisen in Louisiana.

State officials work to keep track of synthetic drug developments

Last month, the Louisiana Department of Health and Hospitals accounted it would be banning the possession, manufacture and distribution of25-I, a synthetic drug that reportedly killed an Alabama student at this year's Voodoo Festival in New Orleans. According to the agency, there has been a significant increase in synthetic drug abuse over the last two years.

Upcoming vote on establishing crime prevention districts

In two areas of Baton Rouge, Louisiana, residents are faced with a choice on a Dec. 8 ballot on whether they want to pay additional fees to support enhanced security efforts intended to prevent violent crime such as murder or rape. The measures, if approved by voters, would establish crime prevention districts in Melrose East in one instance, and in Mayfair Heights, Mayfair Park and Mayfair Park East on the other.

U.S. Supreme Court currently weighing issue warrantless blood draws

Louisiana's implied consent law states that drivers must submit to breath, blood, or urine testing if they are lawfully arrested by an officer that has probable cause to believe the driver has been driving or boating while intoxicated. The law is designed to make it easier for law enforcement catch offenders with multiple DUI arrests or those who are involved in a crash and refuse to submit to testing.

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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