Damico & Stockstill, Attorneys at Law Baton Rouge Criminal Defense Attorney | Louisiana DUI DWI Arrest Lawyer | New Orleans Drug Crimes Attorneys2024-03-04T04:45:38Zhttps://www.thomasdamico.com/feed/atom/WordPress/wp-content/uploads/sites/1103567/2022/09/cropped-ds-site-icon-32x32.pngOn Behalf of Damico & Stockstill, Attorneys at Lawhttps://www.thomasdamico.com/?p=534372024-03-04T04:45:38Z2024-03-04T04:45:38ZAlibis as a defense to criminal charges
An alibi is a legal defense strategy that is used to show evidence you were in a different place or taking part in specific activities at the time of the crime with which you are being charged. It serves as a strong part of any affirmative defense to prove the suspect’s innocence. However, it doesn’t always work in the individual’s favor.
It’s up to the defendant compile the evidence of where they were, what they were doing, and any people they were with to act as witnesses. This is meant to establish reasonable doubt in the minds of the jury.
How well this alibi works is dependent on a few things. Of course, it’s in your best interest to get as many details as possible to narrow down the timeframe and your exact location. In today’s world, the fact that many places have cameras and people have tracking on their phones and other devices definitely helps with this matter.
Credibility of witnesses
An especially important aspect of your alibi is going to be witnesses that come forward to speak on your behalf. Even if you were with people for the entire time, it helps if you have a witness who isn’t closely connected to you.
While an alibi is helpful to any criminal case, you need to make sure you have solid details and reliable corroborating witnesses. It doesn’t guarantee that you will receive a not guilty verdict. An alibi definitely is a good strategy to use in combination with other methods of establishing a defense.]]>On Behalf of Damico & Stockstill, Attorneys at Lawhttps://www.thomasdamico.com/?p=534252024-02-09T19:31:32Z2024-02-09T19:13:47ZPossession of MarijuanaIn Louisiana, possession of marijuana is still illegal for recreational use. Possession of any amount of marijuana, even a small quantity, can result in criminal charges. The penalties for possession vary based on the amount of marijuana in possession and whether it is a first offense or subsequent offense.
For first-time offenders caught with 14 grams or less of marijuana, the penalty is a misdemeanor charge with a maximum sentence of 15 days in jail and a fine of up to $300. However, subsequent offenses or possession of larger quantities can result in harsher penalties, including longer jail sentences and higher fines.
Medical Marijuana Laws
While Louisiana has historically had stringent laws regarding marijuana, it has taken steps to legalize medical marijuana under certain conditions. The Louisiana Medical Marijuana Program allows qualified patients to obtain medical marijuana with a recommendation from a licensed physician. However, the program has strict regulations governing who can access medical marijuana and how it can be obtained.
Patients with qualifying medical conditions, such as cancer, epilepsy, Parkinson's disease, and PTSD, may be eligible to participate in the medical marijuana program. However, even with a valid medical marijuana recommendation, patients are limited in the forms of marijuana they can obtain, typically restricted to oils, tinctures, and topical preparations.
Penalties for Distribution and Cultivation
Distribution and cultivation of marijuana are serious offenses under Louisiana law and can result in felony charges with severe penalties. The distribution of marijuana, even in small amounts, can lead to lengthy prison sentences and substantial fines. Likewise, cultivating marijuana plants, whether for personal use or distribution, is also a felony offense with harsh consequences.
If you are facing charges related to the distribution or cultivation of marijuana, it is essential to seek legal representation immediately. A skilled criminal defense lawyer can assess the details of your case, identify potential defenses, and work to minimize the impact of the charges against you.
Navigating Legal Challenges
Despite the strict marijuana laws in Louisiana, there are legal avenues for challenging marijuana-related charges. Law enforcement must adhere to strict protocols when conducting searches, seizures, and arrests related to marijuana offenses. If your rights were violated during the investigation or arrest process, it could result in the dismissal of charges or suppression of evidence.
Additionally, Louisiana's evolving stance on marijuana, coupled with shifting public opinion and changes in legislation, could lead to future reforms in the state's marijuana laws. As an experienced criminal defense lawyer, I am committed to staying abreast of any changes in marijuana laws and utilizing them to the benefit of my clients.
Don't let your future go up in smoke...
In Louisiana, marijuana laws remain stringent, with severe penalties for possession, distribution, and cultivation. Whether you are facing charges related to marijuana or seeking guidance on navigating the legal landscape, it is essential to consult with a knowledgeable criminal defense lawyer who can provide the guidance and advocacy you need. If you've been arrested for --- or suspect you're being investigated in connection with --- a marijuana-related offense, contact our law firm today to schedule a free consultation.]]>On Behalf of Damico & Stockstill, Attorneys at Lawhttps://www.thomasdamico.com/?p=534232024-01-15T03:22:56Z2024-01-15T03:22:56ZFalse accusations to gain control
When one spouse in divorce proceedings falsely accuses the other one of domestic abuse, that person is attempting to gain control over the situation. Abuse allegations, even those that are false, require a strong criminal defense because the situation can escalate even further by preventing the accused from having any contact with the couple's children. Although evidence can substantiate some domestic violence claims, souses that accuse their partners do so to game the system by turning their children against the other parent and gaining 100% legal and physical custody.
Spouses don't realize that even minor acts, such as blocking a door during an argument, can be used against them. Once a spouse makes an abuse claim, a judge can issue an emergency order of protection. Even an alleged violation of that order can land you in additional trouble. Orders of protection have far-reaching consequences in divorce proceedings. The spouse making the accusations has a potentially unfair advantage, particularly in child custody proceedings.
Fighting abuse allegations during divorce
When domestic abuse is alleged, the situation often involves one person's word against the other. This complicates divorce proceedings even further, as the warring couple can potentially spend double the time in court. In addition to child custody and parenting time, domestic abuse allegations can also affect your property settlement. Therefore, it's in your best interests to disprove abuse allegations before completing divorce proceedings.
Domestic abuse charges can involve any coercive control. You need to present a clear and accurate account of what happened during your marriage. Lack of evidence is one of the strongest defenses against the charges, but you can also cite self-defense, proving false accusations by exposing potential motives, lack of intent and witnesses. Developing a clear strategy is imperative.]]>On Behalf of Damico & Stockstill, Attorneys at Lawhttps://www.thomasdamico.com/?p=534182023-12-20T19:04:34Z2023-12-20T19:04:34ZDefinition of an alibi
An alibi is a legal defense strategy that asserts that an accused person was in a different place or engaged in a different activity when a crime such as murder occurred. This defense aims to cast doubt on the accused's involvement in the crime by presenting evidence that contradicts the prosecution's claims regarding his or her presence at the crime scene.
Alibis typically involve providing specific details about an individual's whereabouts, often supported by corroborating evidence or witnesses. Establishing a credible alibi is an important aspect of a legal defense, as it challenges the prosecution's case and raises questions about the accused's culpability.
Time and place
An effective alibi provides precise details about the location and time in question. Vague statements such as "I was somewhere else" lack the potency needed to challenge accusations. A good alibi narrows down the timeframe and location, leaving no room for ambiguity.
Reliable witnesses
Witnesses play an important role in validating an alibi. However, the witnesses must be credible. Individuals with a close relationship with the accused may be subject to skepticism. Independent witnesses, unrelated to the case, carry more weight.
Corroborating evidence
Tangible evidence can bolster an alibi's strength. For example, a suspect may present the following items as evidence:
Receipts
Surveillance footage
Phone records
Other digital proof establishing time and place
Evidence takes time to collect. Of innocent people in a recent study, 51% were more likely to produce an accurate alibi when they had time to prepare and could use a telephone. On the contrary, only 16% could come up with an alibi without time or telephone access.
Contrary to popular belief, having an alibi does not automatically equate to innocence. An alibi only serves as a tool to establish the whereabouts of an individual at a specific time, offering a potential alternative to his or her involvement in a crime.]]>On Behalf of Damico & Stockstill, Attorneys at Lawhttps://www.thomasdamico.com/?p=534162023-12-06T17:10:22Z2023-12-06T17:10:22ZQuantity matters
In Louisiana, the quantity of drugs found in possession plays a pivotal role in determining the severity of the charge. Small amounts may lead to a simple possession charge, but crossing a certain threshold can elevate the offense to intent to distribute. Law enforcement often considers the quantity as evidence of an individual's involvement in a more significant drug operation.
Packaging and paraphernalia
The packaging of the seized substances and the presence of paraphernalia can act as red flags. When authorities discover drugs divided into smaller portions or equipment used for distribution, it raises suspicions of intent beyond personal use. Such elements can swiftly turn a possession charge into a distribution allegation.
Location matters
Louisiana law is particularly stringent when it comes to drug offenses near schools or public areas. If an individual is within a certain distance of these sensitive zones, the charge can escalate, carrying more severe penalties. The proximity to places frequented by minors or the public intensifies the legal ramifications.
Aggregated offenses
When there are multiple individuals or when the alleged offense spans a more extended period, authorities may pursue trafficking charges. The collaboration of multiple offenders or the continuous nature of drug-related activities often leads to the escalation from possession to trafficking.
While 26% of arrests involve drugs, the severity of the charges differs vastly. A solid defense is necessary to pursue a more favorable outcome.]]>On Behalf of Damico & Stockstill, Attorneys at Lawhttps://www.thomasdamico.com/?p=534142023-11-16T02:12:27Z2023-11-16T02:12:27ZCriminal charges
When hazing rituals result in injury or death, criminal charges may happen. In cases where people inflict physical harm intentionally or due to gross negligence, fraternity members may face charges such as assault, manslaughter or even murder.
The severity of these charges depends on the harm caused during the hazing event. The legal system aims to deter future instances of such recklessness.
Involuntary manslaughter
Perhaps one of the most severe charges that can arise from fatal hazing incidents is involuntary manslaughter. This charge suggests that the death occurred as a direct result of the perpetrators' reckless behavior. Conviction on this charge can lead to long prison sentences.
Civil lawsuits
Beyond criminal charges, fraternities may find themselves entangled in civil lawsuits seeking financial restitution for the victims or their families. Wrongful death suits, personal injury claims and negligence lawsuits are common. These legal actions not only aim to compensate the victims but also to hold the fraternity and its members accountable for their roles in the events leading to injury or death.
With 18.66 million students currently in college in America as of 2021, the allure of friendship can blind some to the potential dangers lurking within hazing rituals. In these cases, fraternities need to reassess their initiation practices.]]>On Behalf of Damico & Stockstill, Attorneys at Lawhttps://www.thomasdamico.com/?p=534122023-11-14T17:34:14Z2023-11-14T17:34:14ZKey points
At its core, SORNA sets up a system that is the same across the entire United States. This ensures that the process of registering people with sex crime convictions is consistent. The law applies to those with convictions for certain offenses, like sexual abuse, exploitation or crimes involving minors. By requiring registration, SORNA gives law enforcement a useful tool to monitor individuals with a history of these offenses.
Consistency
One important part of SORNA is how it stresses consistency. The law makes it necessary for individuals to register and regularly update their information, including personal details, address, job and education. This standardized approach makes sure that law enforcement agencies all over the country have access to accurate and up-to-date information. This helps them effectively keep track of individuals who might be a risk to society.
Community involvement
SORNA also understands the importance of the community. The law promotes public awareness by creating procedures for letting the community know about registered individuals. This open approach empowers communities to take precautions, making the environment safer for residents.
Moving provisions
SORNA has rules for people who move to a new place. They have to inform authorities before moving, which allows for the smooth transfer of information between areas. This rule stops convicted individuals from slipping through the cracks and helps law enforcement agencies work together to monitor and manage them effectively.
Some people argue that SORNA might violate the privacy rights of individuals convicted of sex offenses. But supporters highlight the extreme importance of public safety. SORNA finds a careful balance by setting reasonable registration requirements. These prioritize the well-being of the community without causing too much hardship for convicted individuals.]]>On Behalf of Damico & Stockstill, Attorneys at Lawhttps://www.thomasdamico.com/?p=534102023-11-06T04:40:50Z2023-11-06T04:40:50ZProgram overview
Drug courts use a progressive approach to address addiction-related offenses. Instead of imprisoning individuals who have criminal drug charges, the program offers them a chance to break their cycle of addiction.
The emphasis on addiction treatment and recovery provides non-violent offenders the chance to avoid prison in exchange for entering into a rehabilitation program. The programs offer comprehensive treatments that aim to address the root cause of the addiction.
The drug courts create treatment plans tailored to each individual that address their specific challenges and underlying contributors, which increases the person’s chance for successful recovery from active addiction. Drug court programs often result in quicker case resolutions in comparison to standard criminal court proceedings.
Support and accountability
The drug court brings together judges, prosecutors, law enforcement, defense attorneys and addiction treatment providers. This collaborative, coordinated effort provides support throughout a participant’s recovery and rehabilitation.
The program holds the participants accountable for their actions and helps them rebuild their lives. Participants in the drug court programs are regularly monitored to ensure that they comply with their court-ordered requirements and treatment plans. Drug courts also provide individuals with resources for essential services such as counseling, medical care, housing assistance and job training. Without the court program, participants may not have had access to these types of resources.
Reduction in recidivism
The drug court system uses graduated sanctions for individuals who do not comply with the programs. Instead of removing them from the program for non-compliance, the graduated sanctions aid in modifying behaviors and preventing relapse.
By emphasizing rehabilitation and offering different types of support, the drug courts contribute to significantly lower rates of individuals re-offending. The programs also help individuals re-enter society as sober, law-abiding and productive citizens.
The nature and purpose of drug courts aim to provide a viable incarceration alternative. By conducting these programs, stakeholders can advocate for more humane and effective solutions to legal problems from addiction.]]>On Behalf of Damico & Stockstill, Attorneys at Lawhttps://www.thomasdamico.com/?p=534072023-11-03T18:25:42Z2023-11-03T18:25:42ZDWI vs. murder charges
DWI accidents resulting in death typically fall under Louisiana's vehicular homicide laws, which do not automatically equate to murder charges. Vehicular homicide is a separate offense, and it is important to distinguish between the two.
Second-degree murder
In certain situations, a DWI accident that leads to a fatality can indeed result in second-degree murder charges. This occurs when the prosecution can prove that the driver exhibited a reckless disregard for human life and that their actions exhibited a conscious indifference to the consequences.
To secure a second-degree murder conviction, the prosecution must establish several key elements. These include showing that the driver operated the vehicle while intoxicated, that their actions directly led to a person's death and that they demonstrated an extreme indifference to human life.
Manslaughter charges
In cases where the driver's actions do not meet the criteria for second-degree murder, they may still face manslaughter charges. Manslaughter typically involves a lesser degree of intent or recklessness compared to murder, but it is a serious criminal offense with its own set of penalties.
While anyone may have a lapse in judgment, it can lead to life-altering situations. In 2019 299 alcohol-impaired driving fatalities happened in Louisiana. Although an overwhelming situation, the right defense may help minimize the potential charges.]]>On Behalf of Damico & Stockstill, Attorneys at Lawhttps://www.thomasdamico.com/?p=534052023-10-31T02:28:52Z2023-10-31T02:28:52ZExaggerating claims
One of the more common types of insurance fraud involves inflating the actual value of a claim. For instance, after a minor car accident, you might want to report more damage than what actually occurred to get a higher payout. This act constitutes fraud and can lead to severe repercussions if discovered.
Staging accidents
Some individuals go to great lengths, intentionally causing accidents or incidents to claim insurance money. In the realm of auto insurance, for example, one might deliberately cause a car crash and then file a claim, asserting it was an accident.
False medical billing
Healthcare providers can also participate in insurance fraud. They might bill for services you never received, overstate the cost of services or even diagnose you with conditions you do not have to justify unnecessary treatments and tests, all to receive higher payouts from the insurance company.
Life insurance and faked deaths
Though it sounds like something out of a movie, there have been instances where individuals fake their own death to collect life insurance money. Family members or beneficiaries then file a claim, believing the policyholder has passed away when in reality, they are hiding.
Property fraud
Property fraud involves intentionally damaging one's property or reporting thefts that never occurred. For example, someone might claim their house got burglarized and report valuable items as stolen, even though the event never took place.
Insurance fraud poses significant challenges for the industry and honest policyholders alike. Always prioritize honesty and transparency in your insurance dealings. In the end, it protects not only your interests but also the larger community by ensuring that insurance remains accessible and affordable for all.]]>