<![CDATA[Lafayette Personal Injury, Criminal Law And Family Law Blog]]> tag:www.chrisvlaw.com,2013-03-21:/blog/77051 2019-11-14T17:30:34Z Movable Type Enterprise <![CDATA[Responding to a Louisiana shoplifting accusation]]> tag:www.chrisvlaw.com,2019:/blog//77051.3860260 2019-11-14T17:31:33Z 2019-11-14T17:30:34Z If you're leaving a Louisiana store and you are suddenly held by store security because they suspect that you have stolen an item, you will likely panic. You may become angry or instinctively want to flee the situation. Regardless of whether you intentionally stole an item from the store or not, the way that you react could help to diffuse the situation and minimize the consequences.

The following are some tips on how to react to a shoplifting charge in Louisiana, as well as an overview of some of your defense options.

]]> Don't try to escape from store security

If you are innocent, you have no reason to try to escape store security. Instead, cooperate with them. In many instances, an attempt to flee from security or resist an arrest can be seen as an admission of guilt. Remaining calm and civil could help your case in the long run. Remember that you will remain innocent until proven guilty.

Remember your right to remain silent

It's so common for those arrested on shoplifting charges to try to explain their story to the police. They may feel embarrassed by their arrest, and as a result, feel that they will want to make excuses. However, speaking to the police should be avoided before seeking legal advice. Saying anything could be used against you, so it is best to remain silent.

You have many possible lines of defense

Although you may be feeling hopeless and worried about your future after being accused of shoplifting, it is important to remember that you have many defense options at your disposal.

One of the most common defense options after a shoplifting accusation is arguing that you made a mistake. It is common for customers in a store to mindlessly walk out of a store while still holding an item.

If you attempted to return the property after realizing that you took it without paying, this could also help your defense, because it shows that you had no intention of breaking the law.

If you want to avoid charges after being accused of shoplifting in Louisiana, take swift action to learn about the defense options that could apply to you.

<![CDATA[Accused always have right to criminal defense]]> tag:www.chrisvlaw.com,2019:/blog//77051.3859080 2019-11-13T16:27:49Z 2019-11-13T16:26:49Z The drug industry continues to present serious challenges to law enforcement in Louisiana. A recent arrest of three members of an alleged New Orleans gang is one of the most recent incidents in the state's war on drugs. The four who are facing charges are presumed innocent until and unless found guilty in a court of law, and they are entitled to a criminal defense.

The arrests followed a lengthy investigation that ended with grand jury indictments of four individuals. Three of the individuals have been placed under arrest, and one remains at large. The indictments mention over 30 different criminal acts the individuals were believed to have been involved in. One of these incidents was an alleged gang shootout in 2017 that injured a bystander.

]]> The four young men, all in their 20s, are accused of multiple crimes. All four of the accused face racketeering charges. In addition, one of the men faces charges including murder, possession of heroin with intent to distribute, illegal firearms possession and conspiracy to obstruct justice. The three men who have been arrested are being held in lieu of bail until arraignment.

Facing criminal charges can be an unsettling experience in Louisiana, particularly for young men. It can be a confusing time, and actions may be taken and statements made that may not be necessarily thought out. Anyone accused of a crime is entitled to a criminal defense and can benefit from the advice of counsel regarding legal options that are available. It is also important to remember that the burden of proof falls to the prosecution and must be supported by the evidence presented.

<![CDATA[Distracted or fatigued driving can cause fatal car accidents]]> tag:www.chrisvlaw.com,2019:/blog//77051.3856583 2019-11-04T17:44:11Z 2019-11-04T17:43:11Z Cars are the primary form of transportation for most people. Distracted driving and driver fatigue are both significant dangers, as are impairment from drugs or alcohol, when one is behind the wheel of a car in Louisiana. Serious car accidents can result and can often times be fatal. One such accident recently occurred near St. James Parrish on LA-18.

The accident occurred in the early hours of a recent Saturday morning. One person driving a Hummer was heading south on the roadway. Another vehicle was heading north. For unknown reasons, the Hummer crossed the yellow line and hit the other car head-on. It is believed that neither driver was wearing a seat belt at the time of the crash.

]]> The driver of the car was pronounced dead by the St. James Parrish Coroner. The driver of the Hummer was transported to University Medical Center in New Orleans with possibly life-threatening injuries. It is not known if speed, alcohol or other impairment contributed to the cause of the accident. The result of toxicology reports are still pending, and the accident remains under investigation.

No one expects a car ride in Louisiana to be the last one. Defensive driving, never driving when impaired or fatigued, and always paying attention to the road are practices that can protect a person behind the wheel. Nothing is foolproof, and car accidents still happen. Losing a loved one in a fatal car crash can be a horrific experience. While nothing can turn back time and undo the incident, a successfully navigated lawsuit against a person deemed responsible can provide compensation for medical costs, final costs and other verifiable losses.

<![CDATA[Tragic car accidents continue to plague area roadways]]> tag:www.chrisvlaw.com,2019:/blog//77051.3855350 2019-10-30T15:51:23Z 2019-10-30T15:50:23Z On a recent afternoon in Iberia Parish two people were going about their business. One, an 81-year-old woman, was driving a pickup truck. The other, a 37-year-old man, was riding his motorcycle. Their paths crossed in a tragic manner at an intersection on LA Highway 87 where they were both involved in one of the week's horrific car accidents.




<![CDATA[Experienced criminal defense important for juvenile suspects]]> tag:www.chrisvlaw.com,2019:/blog//77051.3851358 2019-10-23T20:12:08Z 2019-10-23T20:11:08Z The early hours of the morning are not unusual times for criminal activity in Louisiana. A spate of attempted burglaries was reportedly prevented early one recent morning. Officers from Jefferson Parrish were patrolling in Metairie when they reported observing suspicious activity involving multiple people appearing to attempt to break into parked vehicles. Anyone apprehended as a result of the investigation is entitled to a criminal defense.

On observing the suspicious activity, the officer at the scene reported approaching the people in order to get a better understanding of the situation. As he approached, they allegedly fled to one of the vehicles and drove off. The vehicle in which they reportedly fled was a Nissan that had previously been reported stolen.

]]> A chase ensued as other Jefferson Parrish officers joined the pursuit. The Nissan reportedly made several attempts to ram the officers' vehicles and ultimately crashed into one of the cruisers, forcing it off the road where it came to rest inside a building. The deputy who was driving the car was treated and released from an area hospital. A number of suspects were reported to have fled the scene and two of them were apprehended. The two were an 18-year-old young woman and a juvenile female.

Anyone apprehended and accused of committing a crime in Louisiana is presumed innocent until and unless proven guilty in court. Such persons, juvenile or adult, are also entitled to a criminal defense. Seeking the counsel of a defense attorney experienced in dealing with juvenile justice can provide the accused with information on all of the legal options available and what rights are extended to both juveniles and adults.

<![CDATA[Truck accident claims differ from car accident claims]]> tag:www.chrisvlaw.com,2019:/blog//77051.3850731 2019-10-21T19:59:28Z 2019-10-21T20:02:16Z Being injured after a collision with a truck can lead to a very different scenario than being involved in a car accident. Not only can truck collisions pose a higher risk to life, but they can also lead to intense legal battles between the plaintiff and the trucking company.

It is important to acknowledge the differences between truck accidents and car accidents if you or a loved one has been affected by a truck collision. Doing so will help you to be more prepared to face a legal battle.

]]> The damages suffered

Trucks have a greater force than the average vehicle, due to their size and weight. This means that, generally speaking, truck accidents lead to more serious injuries than car accidents. The injuries suffered could lead to intensive hospital care and huge medical bills. The injured person may suffer a long-term disability and lost wages. Successfully claiming the damages that you deserve becomes even more crucial for your long-term financial well-being.

The legal battle

In the majority of car accidents, an injured party will take action to reach a settlement with another private party. However, in the majority of cases involving truck accidents, the injured party will need to take action against a trucking company. The company will likely have the resources to aggressively fight the claim.

The possible defenses

The trucking industry is a highly regulated one. Truck drivers need to be trained and are held to higher safety standards than car drivers. This means that it can sometimes be challenging to prove that the truck driver was negligent and liable for the accident.

On the other hand, trucks are usually equipped with cameras and a "black box" that records data such as the traveling speed of the truck. You may be able to use this information to your advantage, especially if the truck driver was speeding or engaging in distracted driving at the time of the collision.

If you are successful in making a claim against a trucking company, you should be able to have all financial damages relating to the accident covered. You should also be entitled to punitive damages that compensate you for the pain and suffering caused.

<![CDATA[Slowing down can prevent car accidents]]> tag:www.chrisvlaw.com,2019:/blog//77051.3848317 2019-10-17T14:09:22Z 2019-10-17T14:08:23Z People in Louisiana go about their lives in an ever-increasing hurry to get things done. They hurry to get from place to place and to generally keep up with the fast pace of day-to-day living. Being in such a hurry when a person is behind the wheel of a car can lead to fatal car accidents.

A 71-year-old man was driving his car around lunch time on a recent afternoon. As his car entered an intersection, another vehicle also entered the intersection and collided with the older man's car. The resulting impact pushed the man's car through the intersection and into a car containing several passengers.

]]> The 71-year-old and the passengers of the vehicle he was pushed into were all transported to area hospitals with what were believed to be serious injuries. Doctors were unable to save the older gentleman, and he died as a result of his injuries a few hours after the crash. It turned out the injuries sustained by those in the other vehicle were not life-threatening. It is not known if speed contributed to the cause of the accident. The cause of the crash remains under investigation.

A life taken away can never be restored. A family is forever robbed of experiences that might have been shared with the deceased. A family mourning such a loss from car accidents may never fully recover from the hole left by the person who is no longer with them. No one can undo the tragedy, but a consultation with a personal injury attorney in Louisiana can provide information regarding the viability of a civil lawsuit against the party deemed responsible.

<![CDATA[Criminal defense can aid troubled teens]]> tag:www.chrisvlaw.com,2019:/blog//77051.3841514 2019-10-10T13:50:15Z 2019-10-10T13:49:15Z The teenage years can be exciting and full of new experiences and discoveries in Louisiana.Young people want to explore exciting opportunities and sometimes these opportunities lead them down an unfavorable path. Three teenagers in New Orleans were recently arrested and charged with having committed multiple carjackings and other crimes. Nevertheless, these young boys are entitled to a criminal defense.

According to police reports, the three were responsible for carjacking four cars that were later used in the commission of other crimes. These allegedly included an assortment of burglaries and assaults. One of the boys accused is 14 years old and the other two are 16 years old.

]]> Juvenile crime is a serious issue in New Orleans. The 14-year-old stands accused of attacking a woman as she sat in her car, striking her and dragging her from her car. There are two schools of thought regarding dealing with juvenile crime; one advocates stiff penalties and incarceration and the other advocates for alternative measures such as counseling, treatment for drug and alcohol abuse, mental health treatment and mentoring.

A family in Louisiana in similar circumstances and who may be struggling with getting one's child on the right path can benefit from consulting with a criminal defense attorney. The family may not be aware of all of the rights and options that are available to them and their child. A compassionate attorney experienced in dealing with juvenile crime issues can advise the family of the child's rights and legal options that may be available.

<![CDATA[Vaping may be causing personal injury]]> tag:www.chrisvlaw.com,2019:/blog//77051.3839482 2019-10-01T18:39:56Z 2019-10-01T18:38:56Z Vaping has been around for a while in Louisiana. It has been perceived as a method to help adults quit smoking. It has been taken up by a younger generation as being a safer alternative to smoking. The companies who make the nicotine juice used in the devices reportedly attracted younger users by offering flavors of the vape juice that would appeal to them, including cotton candy and fruit flavors. Recent reports of health problems have revealed that the devices may be causing personal injury to users.

There is a man in Shreveport who as recently as a week ago appeared to be a healthy man in his 40s working at a car dealership. He is currently fighting for his life in a hospital bed. A constant flow of oxygen is keeping him alive, and he is unable to tie a shoe or get out of bed to use the bathroom. When he was admitted, doctors suspected he was suffering from pneumonia.

]]> He switched from smoking to vaping 10 years ago, believing that vaping was less harmful than smoking. He now has fluid in his lungs that is an oily consistency and prevents his lungs from functioning. There have been hundreds of similar cases reported around the country. At least five of the suspected cases have resulted in death.

It is easy to take at face value that something is healthier for you. People hear it every day in the form of messages that suggest one should "eat this, don't eat that." While smoking is acknowledged to be hazardous to one's health, the search for a safe alternative or means to quit is a constant struggle. Nicotine use, the addictive ingredient in cigarettes, is hard to quit. If a loved one suffers a possible vaping-related illness in Louisiana, a personal injury attorney may be able to advise the client regarding possible legal options.

<![CDATA[Person accused of criminal activity has right to criminal defense]]> tag:www.chrisvlaw.com,2019:/blog//77051.3833803 2019-09-24T14:54:01Z 2019-09-24T14:53:01Z The drug crisis appears to be improving in many parts of the country, but it does remain a serious problem. While the number of drug-related deaths may be declining in some areas, Louisiana remains on high alert in its fight against illegal drugs. Anyone charged with crimes in relation to the drug crisis is entitled to a criminal defense.

A candidate for state office was caught up in the fight against drugs on a recent weekday evening. She and a companion arrived at a site that was under police surveillance. The location was suspected of harboring illegal drug activity. The people also had a young child in the back seat.

]]> Police conducted a search of the vehicle and allegedly found illegal narcotics. In addition, they reportedly found marijuana and assorted drug paraphernalia. The candidate was charged with marijuana possession, possession of a controlled substance, possession of drug paraphernalia and child endangerment. Her companion was also reportedly charged with assorted drug-related crimes.

When law enforcement personnel suspect wrongdoing, there are policies and procedures that they must follow before acting on those suspicions. There are specific procedures in place regarding the search of a vehicle. However, any person facing charges for drug offenses in Louisiana is presumed innocent until and unless found guilty in a court of law. Any accused person is guaranteed access to a criminal defense. A knowledgeable attorney can review the facts of a case and advise the client of his or her rights and help to ensure that those rights are upheld throughout the criminal justice process.

<![CDATA[Family law professionals can help with child support issues]]> tag:www.chrisvlaw.com,2019:/blog//77051.3831562 2019-09-16T15:16:00Z 2019-09-16T15:15:00Z Reaching a divorce settlement in Louisiana when young children are involved can be a complicated undertaking. It can be facilitated with the assistance of a professional well-versed in family law. The settlement may include a child support order. While agreements may be readily reached in negotiations, failure to pay child support is an all too common occurrence and can result in the suspension of one's driver's license, among other penalties.

A new program in the state was created in an attempt to recover overdue payments. The program, called "On the Road Again" gives a person who has fallen behind in support payments a means to get his or her license reinstated. In order to get the suspension lifted, certain conditions regarding overdue support payments must be met.

]]> The conditions of the program include paying two months of support and paying $100 toward past due amounts. The program has netted $121,693 in past due payments. That has resulted in payments for the benefit of 174 children and restored the driver's licenses for 140 people who owed support. Prior to the program, there was a long list of conditions that needed to be met to lift the suspension on a license. This program aims to reduce the burden and reduce the amount of child support in arrears.

Parents want what is best for their children in Louisiana. A parent's financial situation can change, which can result in one falling behind in support payments. Programs exist that can help in the resolution of financial obligations. A family law professional can provide guidance and assistance on what programs are available.

<![CDATA[What should you do with your family home in a Louisiana divorce?]]> tag:www.chrisvlaw.com,2019:/blog//77051.3831137 2019-09-14T10:32:02Z 2019-09-13T14:40:35Z Adults potentially considering a divorce will often focus their planning and strategy on specific wishes or assets. For many couples, the possession that spouses most hope to retain is the family home. That makes sense, as real estate in Louisiana is typically quite valuable.

Your home could represent a substantial portion of your overall income and assets earned during your marriage. Some people pay as much as 30% of their monthly income toward their mortgage.

]]> The equity you have accrued during that time could be tens or even hundreds of thousands of dollars. Obtaining a fair share of that money should certainly be a concern during the divorce. However, you should carefully look at whether you really want to retain the home itself.

Can you afford the home on your own?

The first thing you need to consider is whether you can afford to pay the mortgage on your own. Many people live in a house whose overall cost reflects the income of both spouses, which means that neither spouse makes enough on their own to qualify for a mortgage of that size after a divorce.

It can be difficult to consider downgrading the size or location of your home, but it may be necessary depending on your financial circumstances.

You might not want to live in the space that you shared anymore

Your marital home is where you shared a lot of beautiful memories with your ex. From celebrating birthdays and holidays to waiting for the bus with your children, there are many things that happened in that home that you will likely treasure for the rest of your life.

Still, just because the house was the site of something positive in your life doesn't mean that you need to retain ownership of the home just to stay connected to those pleasant memories. Many people find it difficult to stay in their marital home after a divorce, as everything in the space may remind them of their previous relationship.

Do you really want to continue paying on that house for years?

Even if you and your spouse have paid off your mortgage, chances are pretty good that you will have to finance the property and cash out some of the equity if you retain possession of the house. That's because Louisiana uses the community property standard when dividing personal property. You and your spouse have a right to an equal share of the accrued value in the home or at least of the overall marital estate.

Refinancing and paying some of the equity out to the spouse who will not reside in the home is standard practice. In some circumstances the courts will simply allocate other valuable assets, such as retirement accounts and real estate holdings to the other spouse. Chances are good that you will have to liquidate some of the equity and then pay off the amount you cashed out in the upcoming years.

Trying to be practical and focus on financial and not emotional reasoning when deciding what to do with your house during a divorce can help you avoid emotional pitfalls in decision-making that could hinder your financial recovery.

<![CDATA[Improper medical treatment can result in personal injury claims]]> tag:www.chrisvlaw.com,2019:/blog//77051.3829196 2019-09-12T10:33:28Z 2019-09-12T10:32:28Z Children can be rambunctious, active risk takers. It is in their nature and on occasion it will result in an accidental injury that requires medical attention. Such was the case of a 2-year-old in Louisiana. The child had been playing on a trampoline and fell and broke his arm. He was taken to the hospital and treated, but the outcome led to a personal injury case.

The child was treated by a doctor in a training rotation. The doctor set the boy's arm and applied a cast. After only a few hours, the child's arm began to swell significantly. The family brought the boy back to the hospital to be examined by the doctor who treated him but were sent home after being told there was nothing wrong. After two more visits, the cast was removed and the injury checked, by which time permanent damage had been caused.

]]> The doctor who treated him appeared to have applied a substandard cast with a splint that constricted blood flow. This caused permanent nerve and muscle damage to the arm. The case went to trial and the jury awarded the boy, who is now 19, $10 million in damages. Louisiana has a $500,000 cap on damage awards but because the Michigan doctor was not properly registered under the state's malpractice provisions the cap may not apply.

Children get injured. Parents trust doctors to have the knowledge and skill required to deliver the necessary treatment. Failure to appropriately administer that care can result in personal injury and lead to a medical malpractice lawsuit in Louisiana. Doctors are not infallible but are expected to exercise great care and judgment in ensuring to the best of their ability that their patients receive the appropriate standard of care.

<![CDATA[Distracted driving can contribute to car accidents]]> tag:www.chrisvlaw.com,2019:/blog//77051.3821668 2019-09-03T19:04:49Z 2019-09-03T19:03:49Z Fatal traffic accidents are tragic. They are made even more so when the life of a child is lost as a result of an accident. Holiday weekends sadly increase the likelihood of such accidents occurring as families head out on the roads and add to already congested traffic conditions in Louisiana. All of this combines to increase the chances of being involved in car accidents.

The accident that took the life of a nine-year-old boy happened on a recent evening. A car was stopped waiting to make a left-hand turn. A pickup truck coming up from behind failed to slow in time and veered into on-coming traffic in an attempt to avoid rear-ending the stopped vehicle. The pickup hit an oncoming car head-on. The young boy was a passenger in the car.

]]> The boy was transported to a nearby hospital where he later died as a result of his injuries. The other passengers and drivers who were involved in the accident all suffered minor to moderate injuries and were treated at area hospitals. While there is no suspicion of impairment related to the accident, distracted driving cannot be ruled out. The cause of the accident remains under investigation.

Defensive driving in Louisiana involves always being observant of one's surroundings and expecting the unexpected. This can help prevent car accidents. One always needs to be on the lookout for stopped traffic as the distance between a moving and stopped vehicle can be closed in seconds. No one can undo the tragedy of the lost life. A legal professional can review the facts of the accident and help one to determine if a civil lawsuit against the party deemed responsible is a viable option.

<![CDATA[Car accidents are a serious threat to motorcycle riders]]> tag:www.chrisvlaw.com,2019:/blog//77051.3819911 2019-08-29T16:17:05Z 2019-08-29T16:16:05Z Motorcycles are a popular mode of transportation, especially in the summer. They are economical to drive and can be a lot of fun to motor around on. Groups can be often be seen riding together on the highways of Louisiana. When involved in car accidents, riders of motorcycles are significantly more likely to suffer serious injury or death as a result.

A group of friends were riding their motorcycles near Frogmore Plantation early one morning. A woman driving a car in the opposite direction crossed the yellow line as she neared the motorcycles. When the car crossed the line, it crashed into two eastbound bikes. Two other people riding bikes behind them also crashed as a result of the collision.

]]> One of the bike riders was thrown from his motorcycle into the path of traffic and was hit by a car. In all, seven people were injured or died as a result of the crash. One bike rider died as a result of his injuries. Five other riders and the driver of the car were all transported to area hospitals for treatment of their injuries. It is believed that impairment may have been a contributing factor to the cause of the crash.

The loss or serious injury of a loved ones as a result of tragic car accidents will forever mar the memory of a summer outing. There is no way to turn back time and undo the tragedy. Consulting with a personal injury attorney can provide one with information as to whether a civil lawsuit against the party deemed responsible is a viable option.