<![CDATA[Shreveport Criminal Law Blog]]> tag:www.shreveport-injurylawyer.com,2013-03-21:/blog/74616 2018-11-02T14:10:34Z Movable Type Enterprise <![CDATA[Don't let auto injuries wreck your life]]> tag:www.shreveport-injurylawyer.com,2018:/blog//74616.3496503 2018-11-04T12:03:01Z 2018-11-02T14:10:34Z A seemingly ordinary day can quickly turn into an unforgettably traumatic one if you are involved in a motor vehicle crash. Sadly, these types of car accidents are often the result of another driver's carelessness.

If you suffer serious injuries due to another person's negligence behind the wheel, you have the right to seek compensation for many of the associated costs along with your pain and suffering. Here are a few types of motor vehicle accident injuries for which you may have the right to pursue damages.  

]]> Back injuries



Injuries to the chest


Other types of injuries suffered by victims


Your rights in the aftermath of an injury-causing crash


<![CDATA[Sheriff terminates deputy after 2nd drunk driving offense]]> tag:www.shreveport-injurylawyer.com,2018:/blog//74616.3496355 2018-11-02T11:04:25Z 2018-11-02T11:03:26Z The reports of law enforcement officers being arrested in Louisiana and nationwide on various criminal charges seems to be a permanent phenomenon going forward. In the past, the occasional arrest of a police officer was a highly newsworthy event. Now, however, such news is commonplace and it hardly causes much of a ripple in the public eye. Possibly the most reported offense for law enforcement officers is drunk driving.

The most recent arrest in that respect involves a 22-year veteran of the Ascension Parish Sheriff's Office who was arrested recently by the Louisiana State Police for drunk driving. Because it was the man's second offense, Sheriff Jeff Wiley announced that the man has been terminated from his job. Police say that he was pulled over for driving erratically and that he caused an accident with what was described as minor injuries.

]]> The suspect faces one count of DWI (2nd offense). The prior arrest and conviction was for DWI in Oct. 2016. In that matter, he suffered a suspension of his job and of course of his driver's license. During the punishment period of that offense he reportedly went through treatment and other requirements of the law. He eventually was reinstated to his position.

In this arrest, the Sheriff called the deputy's decisions to be "dangerous and unlawful" such that he violated his oath of office. This prevented further employment by the office, according to the Sheriff. Nonetheless, it must be remembered that the accused has not yet been convicted of an offense and that there are a number of defenses under Louisiana law that may provide him with an acquittal of the charges. When faced with DWI charges, the accused individual will be best served by consulting with an experienced criminal defense attorney who is familiar with drunk driving prosecutions in the state.

<![CDATA[Registered sex offender may have criminal defense to charges]]> tag:www.shreveport-injurylawyer.com,2018:/blog//74616.3488657 2018-10-25T16:51:46Z 2018-10-25T16:50:46Z Louisiana has its fair share of registered sex offenders. The problem with them is not generally that they repeat their offenses. Most of them encounter trouble by not properly reporting under the sex offender registration law, according to police and criminal defense attorneys.





<![CDATA[Drug charges after traffic stop must pass constitutional muster]]> tag:www.shreveport-injurylawyer.com,2018:/blog//74616.3483785 2018-10-19T11:05:02Z 2018-10-19T11:04:02Z Traffic stops account for a significant percentage of the drug crimes charged each year in Louisiana. There are specific constitutional restraints, however, that police must meet regarding drug charges arising out of a traffic stop. The first consideration is that the police may not stop a vehicle without a reasonable suspicion that a crime is being committed and/or that a traffic offense is occurring.

In order to go beyond that initial stop and check, the police must have probable cause. Many cases turn on whether the evidence cited by the police is sufficient to justify making a full search of the car and its occupants. These issues are likely to be relevant in the recent arrest of a driver and his passenger by the Mangham Police in Richland Parish.




<![CDATA[Attempted murder, drug charges filed against man re car chase]]> tag:www.shreveport-injurylawyer.com,2018:/blog//74616.3468825 2018-10-09T11:09:24Z 2018-10-09T11:08:24Z Unarmed suspects in Louisiana and nationwide have been shot by police, sometimes fatally, in a pattern of similar controversial incidents in recent years. The cloak of suspicion has been cast on police behavior because the suspect is usually unarmed, leaving few if any legitimate reasons to justify police use of deadly force. A twist on those facts occurred on Oct. 6 in Houma when the suspect allegedly weaponized his car in trying to run down and kill a sheriff's deputy, according to the Terrebonne Parish Sheriff's Office. The incident ultimately resulted in the suspect's arrest for several offenses, including attempted murder, property destruction and drug charges for possession of crystal meth.




<![CDATA[Man asserts criminal defense to arson and assault charges]]> tag:www.shreveport-injurylawyer.com,2018:/blog//74616.3463869 2018-10-05T11:22:01Z 2018-10-05T11:21:01Z Arson is a serious crime in Louisiana that can carry a substantial prison sentence. The seriousness of the punishment is distinguished by the level of damages that are caused. If the damages are less than $500, the punishment carries a fine and a sentence of imprisonment up to five years without hard labor. If the damage is more than $500, the fine can be much higher and sentence of imprisonment can reach as high as 15 years with or without hard labor. Presenting a criminal defense to a charge of arson requires strong representation by a defense attorney as soon as practically possible.

Sometimes arson crosses paths with domestic violence crimes. Domestic disputes occasionally result in a person in the relationship setting fire to the mutual residence. Authorities in Avoyelles Parish recently arrested a 27-year-old male for simple arson, domestic abuse battery and criminal property damage. Arson requires proof of specific criminal intent by the accused.

]]> Police say that the man attacked the complainant, his live-in girlfriend, on Sept. 30 as she tried to leave their mobile home. The man physically restrained the woman and damaged property during the argument, according to police. The argument drifted outside but the accused allegedly went back into the home. According to the victim, the smoke detectors started going off shortly after the accused went back inside the mobile home.

The accused reportedly denied starting the fire, causing property damage or harming the victim. This means that the accused may raise the defense of innocence under Louisiana law; it does not appear that there are any eyewitnesses to who set the fire and damaged the property. If the accused is guilty, however, he may do much better by having his criminal defense counsel negotiate a plea bargain. If it is a first offense, some of the charges may be dropped and the negotiated sentence may be for probation without imprisonment.

<![CDATA[You can stand up for justice following a pedestrian crash]]> tag:www.shreveport-injurylawyer.com,2018:/blog//74616.3462201 2018-10-05T04:51:34Z 2018-10-05T04:50:34Z A car accident can easily cause you to suffer grave injuries in certain situations. This is especially true in the case of a pedestrian accident, as pedestrians lack the protection that those riding in passenger cars enjoy.

In some situations, pedestrian accidents here in Louisiana occur due to the carelessness of a motor vehicle driver. Fortunately, if a car driver negligently strikes and hurts you while you are walking along or across the street, you have the right to seek justice in civil court.

]]> What does negligence mean in a car accident?



What does negligence look like?





<![CDATA[Drunk driving charge imposed on truck driver after fiery crash]]> tag:www.shreveport-injurylawyer.com,2018:/blog//74616.3453927 2018-09-28T10:04:41Z 2018-09-28T10:03:41Z In all states, including Louisiana, the punishment for conviction of a DWI offense will be increased if an accident is caused by the accused during the commission of the offense. The punishment for conviction of drunk driving goes up significantly if the accident is accompanied by property damages. It increases further if the accused causes personal injury or death as a result of the accident.

A truck driver accused of drunk driving will face enhanced punishment after being arrested on Sept. 22 on Interstate I-10 in Prairieville. Louisiana State Police accuse the 55-year-old tractor-trailer driver of driving drunk and causing an accident in which his truck struck concrete construction barriers and a guard rail. The collision resulted in a rupture to the fuel tank of the truck. Police say the accused kept driving after the collision until it was clear that there was a substantial fire that would destroy most of the vehicle.

]]> According to the state troopers, the driver displayed several signs of impairment when they confronted him at the scene. It is not reported whether they administered any field tests at that time. They had him transported to a hospital for minor injuries and continued their investigation. The police apparently had the suspect taken to the Ascension Parish Jail after he was treated at the hospital.

Police say that a toxicology sample was taken, presumably after the suspect arrived at the jail station. The officers arrested the man for drunk driving and careless operation. Due to the procedural requirements and protocols that must be followed by the Louisiana authorities in such situations, the accused will be best served by consulting with a criminal defense attorney that is experienced in the defense of DWI allegations in the state.

<![CDATA[Man charged with vehicular homicide in death of 2-year-old]]> tag:www.shreveport-injurylawyer.com,2018:/blog//74616.3444757 2018-09-21T00:57:09Z 2018-09-21T00:56:09Z In Louisiana and elsewhere driving drunk with children in the vehicle is a particularly heinous offense that the courts and law enforcement agencies seek to penalize strictly. When a child dies in a drunk driving accident that is charged as vehicular homicide, the accused will face a stiff sentence of imprisonment if convicted. In a fatal accident that occurred on Sept. 15 state police arrested a 27-year-old man for vehicular homicide, first offense DWI and related offenses. Tragically, a 2-year-old child died as a result of the accident.

The Louisiana State Police say that the collision occurred on La. 70 near La. 3120 in Ascension Parish. They allege that the accused was driving east on La. 3120 when he ran a stop sign while driving a pickup truck and drove into the path of another pickup that was being operated in a southerly direction on La. 70. There were three children and one additional adult in the alleged offender's vehicle, according to police.

]]> The authorities allege that neither the adults nor the children were seat belted. None of  the children were in car seats. Police took a Breathalyzer test of the accused at the Ascension Parish Jail and allege results of .103 percent blood alcohol content (BAC). It is illegal to drive with a BAC of .08 or above in Louisiana. The decedent suffered critical injuries and died after being taken to a local hospital. The other two children in the vehicle also suffered serious injuries, with one of them being critically injured.

While a first offense DWI charge does not necessarily mandate imprisonment, a conviction of the vehicular homicide charge in Louisiana can carry a sentence of imprisonment from three to 30 years. There is a minimum sentence of five years if the accused had a BAC of .15% or more and at least one prior conviction for drunk driving. If the accused in this case is convicted of the charged crimes, he may qualify for a sentence of from three to five years depending on the court's determination of the factors involved.

<![CDATA[Man charged with drunk driving after noise ruckus outside store]]> tag:www.shreveport-injurylawyer.com,2018:/blog//74616.3434547 2018-09-14T12:56:09Z 2018-09-14T12:55:09Z Louisiana continues to have serious problems with drunk driving offenses and the weight of destruction that they leave in their path. When a driver is severely impaired with alcohol, members of the public and law enforcement officers often do not know what to expect. For example, the police in Calcasieu Parish recently responded to a drunk driving call regarding a man who was allegedly sitting in the driver's seat of a car, slumped over on the steering wheel and pressing on the horn. The car was outside a grocery store in Lake Charles, and the man was also reportedly vomiting at the same time. 

If true, the spectacle is consistent with drunk driving behavior. The police say that, when they arrived, they shut off the engine. They allege that the man admitted to drinking a bottle of Vodka, which was supported by their purported finding of an empty Vodka bottle in the car. The deputy who conducted the investigation reports also that he smelled alcohol on the suspect.

]]> Police allege that he was not fit for a field sobriety test due to a danger of falling. At the sheriff's office, they allegedly gave him a Breathalyzer test, and he was over the legal limit. Police say that the suspect had two prior DWI arrests in the past 10 years which, if true, will expand the penalties and punishment available to the court. After a brief visit to the hospital, he was incarcerated and charged with DWI 3d.

The court set a high bond of $50,000 with special conditions that he not drive nor consume alcohol. The bail terms included drug and alcohol screenings. It is unknown whether the suspect raised the bail to be released. If the drunk driving allegations are supported, criminal defense counsel will likely seek an agreement that allows the suspect to get back to a functioning life as quickly as possible. The only saving grace of the arrest is that there was no accident, no damages and no injuries to anyone, and defense counsel will try to use those facts to mitigate the punishment pursuant to Louisiana law.

<![CDATA[A police report can be a useful tool following a Louisiana crash]]> tag:www.shreveport-injurylawyer.com,2018:/blog//74616.3424805 2018-09-07T11:41:36Z 2018-09-07T11:40:36Z Becoming a motor vehicle accident victim is one of the scariest experiences you can have in life. In addition to impacting you emotionally, a car accident can easily affect you both physically and financially as well.

Sometimes the injuries suffered in a Louisiana car crash end up being severe and life-altering. Fortunately, if you have suffered serious injuries in a traffic accident stemming from another person's negligence, it is within your rights to seek to hold him or her accountable by filing a personal injury claim in civil court. Obtaining a police report can help with this process.

]]> Why is obtaining a police report important?

Police reports usually are not admissible in proceedings that take place in civil court. However, they can be immensely helpful when it comes to gaining leverage during negotiations related to a dispute involving a personal injury.

For instance, during informal discussions with the reportedly at-fault driver's insurance carrier or opposing counsel, you can utilize the conclusions and facts present in your accident report to support your argument concerning the circumstances of your accident, including the location, weather conditions during the accident, date and day. The report might also feature a responding police officer's observations regarding which motorist may have disobeyed Louisiana's vehicle code, thus causing the accident.

You can obtain witness information, too

A police report on your motor vehicle crash can also provide information about anybody who witnessed your accident or got to the scene not long after it took place. For instance, you can look for a witness's telephone number and name on the report and then contact this person for a statement regarding the accident scene. Sometimes witnesses' statements are actually already included on police reports.

Your rights as a car accident victim

It is within your rights to seek reimbursement of monetary damages sustained from a motor vehicle accident that resulted from another party's careless or negligent actions. A preponderance of the evidence is necessary to establish liability in civil court. Once this happens, a judge will determine claims for damages. If you are successful in your case, you might receive a financial damage award that can help you to cover your medical bills, the loss of wages if you had to miss work to recover from your injuries, and other accident-related losses.

<![CDATA[Drug charges reported in connection with state police dragnet]]> tag:www.shreveport-injurylawyer.com,2018:/blog//74616.3420060 2018-09-04T16:00:59Z 2018-09-04T15:59:59Z The Louisiana State Police announced an undercover operation called "Operation Summer School" that began on June 20 and ended on Aug. 27. The primary mission of this operation was to detect and combat criminal violence in areas of New Orleans that have been experiencing an increase in violence, the police say. The result, according to the State Police, was 207 non-drug charges and 107 drug charges made on 136 arrests.

The LSP also report seizing 42 illegal weapons, recoveries of 25 stolen vehicles, narcotics worth about $59,000 and 213 citations. There were also a number of other arrests based on referrals to other police agencies. They say that they partnered with the New Orleans Police Department and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.

]]> Troopers pointed to a couple of arrests that the agency thought were notable. One involved pulling over a 26-year-old man, searching him and his vehicle, and finding two stolen weapons, various narcotics and other contraband. Although they mention narcotics, the only drug charges apparently brought against the man seem to be for marijuana-related offenses.

Another arrest occurred when troopers stopped a driver on a traffic stop and when they approached the vehicle, its two occupants fled on foot. It was determined that the vehicle was stolen. The police quickly apprehended the pair and charged them with unlawful use of a motor vehicle, aggravated flight from an officer, possession of a stolen firearm and obstructing a highway of commerce.

The premise for the last charge is unclear. The police report that the two individuals are targets in other investigations involving auto thefts and vehicle burglaries. Although the Louisiana State Police reported the purpose of its project was to curb violence in certain sections of the city, it is unclear from initial reports whether that goal was achieved. That assessment will have to wait until the slew of drug charges and other allegations are revealed in detail and put to the test of due process.                                                                                                                                                                                             

<![CDATA[Drunk driving causing death will bring vehicular homicide charge]]> tag:www.shreveport-injurylawyer.com,2018:/blog//74616.3416675 2018-08-30T16:31:45Z 2018-08-30T16:30:45Z Louisiana has serious problems with drunk driving violations leading to death and injury. When an accident results in death caused by drunk driving, the offender must confront a whole new rung of the ladder when it comes to the criminal justice system. Although the penalties for DUI are serious, the violator will generally not be incarcerated on a first offense with no complications, damages or injuries. The penalties increase from that point as the impact of the offense intensifies.

With the driver causing the death of another person due to drunk driving, this raises the offense alleged to the level of what is called vehicular homicide, which is a form of voluntary manslaughter. Conviction on such a count can lead to a substantial prison term, which will be enhanced accordingly on repeat offenses. Defense counsel for an accused driver will be reviewing those and a host of criminal law issues arising from an accident that occurred in Lafayette recently.

]]> It happened just after midnight when two or more vehicles were involved in a crash on Johnston Street. The police have not released the details or causes of the crash. The Lafayette Police have reported, however, that a 57-year-old man died in the accident and that three others were transported to local hospitals.

Police reported that a 26-year-old woman will be charged with drunk driving. They state that the investigation is continuing and that the circumstances of the accident remain uncertain. However, it is likely that the individual charged with the DUI violation will also receive more serious accusations under Louisiana law with respect to causing the victim's death. A charge in the nature of vehicular homicide while drunk driving is the expected offense to be alleged against the woman under the circumstances. Criminal defense counsel must start the representation by making a thorough investigation of all of the details of what happened.

<![CDATA[Swerving UPS driver accused of drunk driving]]> tag:www.shreveport-injurylawyer.com,2018:/blog//74616.3402688 2018-08-23T18:35:09Z 2018-08-23T18:34:09Z Delivery drivers spend a good portion of their days on Louisiana's roads. The work may be tedious at times, and their attention could wander as they travel. That does not necessarily mean that their behavior is indicative of drunk driving.

A UPS driver here in Louisiana was seen swerving by a police officer after someone phoned in a complaint about her driving. When deputies saw the way the woman was driving, they suspected her of impairment. Once pulled over, the delivery driver agreed to participate in field sobriety tests.

]]> Deputies say the woman failed the tests and took her into custody. Upon searching the truck, they claim to have found seven pills in a coin purse. It is suspected that the pills are hydrocodone. The woman had recently been reinstated due to the efforts of the UPS union after her employment was terminated several weeks prior to this incident. Reports indicate that action was taken after suspicions that she stole packages from her truck.

Even with all of the alleged evidence against this woman, she still reserves the right to challenge the drunk driving and possession charges. Everyone is presumed innocent until and unless proved guilty beyond a reasonable doubt in court. Despite the amount of alleged evidence against an individual, he or she may review everything the prosecution intends to submit to the court as evidence and may confront any witnesses in court. After such a review, it may be possible to determine the most viable legal options for obtaining the best possible outcome to the situation.

<![CDATA[Accident leads to vehicular homicide charges in Louisiana]]> tag:www.shreveport-injurylawyer.com,2018:/blog//74616.3391533 2018-08-14T17:44:22Z 2018-08-14T17:43:22Z Serious consequences often follow serious crimes. However, no one should face punishment until -- and only if -- a conviction for criminal charges is returned in court. Individuals facing accusations of vehicular homicide have a right to create and present a criminal defense against the allegations in hopes of working toward the best outcomes possible.

It was recently reported that such charges resulted from an accident in Louisiana. Apparently, a 25-year-old man was driving a pickup truck when the vehicle left the roadway. The man overcorrected trying to get back on the road, and it caused him to lose control of the vehicle. His truck then crossed into the opposite lanes of travel where it collided with a minivan being driven by a 22-year-old woman. 

]]> The incident resulted in the woman and her 1-year-old son suffering fatal injuries. Three other children in the van suffered critical injuries. The report stated that they were all properly restrained. The pickup truck driver and his passenger were moderately injured in the incident. Authorities believe that the pickup truck driver was impaired at the time of the accident, and as a result, he was recently taken into custody on charges of vehicular homicide, reckless operation, first degree feticide and vehicular negligent injuring.

The man accused in this Louisiana accident will undoubtedly want to take his situation seriously. In order to understand the vehicular homicide and other allegations brought against him, it may be in his best interests to obtain reliable information from local legal resources. Understanding his case and defense options may give him the opportunity to move forward effectively.