Damico & Stockstill, Attorneys at Law

June 2016 Archives

A minor mistake makes a major misdemeanor

We all make mistakes. Nobody is immune to that. That fact is, after all, what makes us human. As youth, we may be even more prone to mistakes and as adults, we accept the errors with greater tolerance, because we know with mistakes comes our greatest chance to learn. And in every punishment comes a lesson; we simply must be receptive to it. Which is why a zero-tolerance rule may not be the answer. It is possibly intended to strike fear into the other youth who hear that those transgressions landed their friends in legal trouble, but does it actually work?

When consensual is still illegal

While most people have at least a rudimentary idea of what sort of sexual activity is illegal, some acts we believe are okay could actually be illegal. Moreover, engaging in such behavior could land you a criminal record. While many consider Americans a bit oppressed when it comes to our sexuality, areas of Louisiana have commonly been presented as an outlier.

Why am I charged with intent to distribute?

In the state of Louisiana, as in the rest of the US, if you are found with drugs on your person or in your control, such as in your car or home, and it can be proved that you are aware of their presence there, you can be charged with possession of a narcotic. However, this may have happened to you or someone you are close to, and they were charged with possession with intent to distribute. You may be wondering why, and what tips law enforcement off to the intentions of a stranger.

When to worry about capital punishment

The death penalty is the harshest sentence a court can hand you. After all, once your life is gone, there is nothing more they can take from you. While most of the US does not allow for capital punishment and sentences of death, Louisiana does. The decision to pursue execution as a punishment is reserved for specific types of charges and, outside of homicide, the only other crime for which it could be a punishment is treason.

What rights do you have in police custody?

If you have been arrested on criminal charges, you may have serious concerns regarding how to handle yourself, whether or not to be cooperative and when to demand a lawyer. After all, if the officers like you and find you to be totally cooperative, wouldn't that work in your favor more than ostensibly shutting them out and letting them get aggressive in their quest for a confession?

Louisiana police chief faces a civil suit for sexual accusations

When it comes to accusations, there isn't anyone who is immune to allegations and the investigation that follows them. Early June saw the start to a civil lawsuit against a former Louisiana chief of police for allegations of an assault of a sexual nature toward a drunken woman. The woman now is pursuing damages in a federal trial, stating the sexual assault was initiated by the on-duty police chief inside a small town police station in Sorrento, Louisiana. She claims he forced her to perform certain sexual acts.

More than one dozen Memorial weekend deaths on Louisiana roads

Memorial Day means a long weekend. Ideally, it means a chance to relax and spend time with family, soak up the sunshine and remember those that have laid their lives down for the freedoms we appreciate daily. However, this Memorial day weekend also meant an increase in traffic on Louisiana roads and an increase in fatal car accidents.

Is forgery a federal offense?

Many actions classify as forgery and you may not realize you are committing forgery or anything as serious as a white collar crime. If you are responsible for creating, altering or completing a transaction using writing to represent something it is not and in an effort to gain something through the false representation, you are likely guilty of forgery.

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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