Attorney Elizabeth Carpenter Member of National College for DUI Defense

Attorney Elizabeth Bagert Carpenter is proud to announce that she is now a member of the National College for DUI Defense (NCDD).

The NCDD is a professional, non-profit corporation dedicated to the improvement of the criminal defense bar, and to the dissemination of information to the public about DUI Defense Law as a specialty area of law practice. The National College is headquartered in Montgomery, Alabama.

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College members represent the most experienced DUI defense attorneys in the country. The original Founding Members funded the establishment of the college and are among the top DUI practitioners in the United States.

It is the mission of the National College for DUI Defense® to provide the finest advanced-level training available to the DUI Defense Law practitioner.

The American Bar Association, in 2003, recognized DUI Defense Law as a specialty area in the practice of law, and in 2004 the ABA awarded its “Certificate of Accreditation” to the Board Certification program of the National College for DUI Defense®. The NCDD is the only organization in the country accredited to certify lawyers in the DUI Defense Law specialty practice area. ABA accreditation is currently recognized in 20 states.

If you need a louisiana dwi lawyer today for a consultation. She is ready to plan a defense.

 

Fighting Back Against Online Harassment

Recently I spoke to high school educators and support staff on the topic of bullying, with emphasis on cyber-bullying. With each passing year since the advent of the Internet, cyber-bullying has become more and more common among today’s youths, particularly among junior high and high school students who have greater access to online tools than elementary-level kids. Cyber-bullying can result in juvenile prosecutions but more often than not, if reported, problems are handled internally within school systems or sorted out by the parents of those involved.

 

Just as cyber-bullying has become a fast-growing issue in mainstream American society, so has “cyber-stalking,” also known as “cyber-harassment,” which generally (but not always) relates to adult-on-adult crimes.

 

Let’s assume your digital space is invaded somehow, with sexual harassment, violent messages, and threats. For example, let’s say your ex-girlfriend or former boyfriend (or spouse) is upset with you because you broke up with them. In a twisted form of retribution, they post demeaning photos of you, which may or may not involve nudity, on a social-media site or some other Internet venue. This can be a violation of federal or state laws regarding cyber-harassment, especially if you were the one who took the photo and never intended for its public release.

 

Or, let’s say you go out with someone only once and then that person won’t leave you alone. He (or she) messages photos of his genitalia to you on a regular basis. He (or she) constantly berates you for not responding to his/her text messages or solicitations for dates. It feels like an old-fashioned form of stalking – ever had someone follow you around for a few weeks, showing up when you least expect it?

 

Danielle Citron, a professor at the University of Maryland’s Francis King Carey School of Law, recently was quoted in a magazine article on the topic of cyber-stalking. She said it can result in threats of violence (often sexual), spreading lies asserted as facts (like a person has herpes, a criminal record, or is a sexual predator), posting sensitive information online (whether that’s nude or compromising photos or social security numbers), and technological attacks (falsely shutting down a person’s social-media account). “Often, it’s a perfect storm of all these things,” she reportedly said.

 

Experts, such as Citron, say there are a handful of ways in which victims can address their attackers through the legal system, both civilly and criminally. But they are costly and invasive, and they don’t always result in justice. In recent years, however, states have become more active in passing laws against cyber-harassment and its many forms, and victims are better equipped to fight back than they were just five or 10 years ago.

 

In the civil court, victims of cyber attacks, from stalking to revenge porn to online bullying, can sue their harassers. They can claim defamation and intentional infliction of emotional distress, harassment. But, these types of cases often involve an expensive legal battle. And unfortunately, few victims have successfully been awarded a monetary judgment against their online harassers.

 

A person also can threaten to sue for a copyright violation if a website is displaying photos that were originally taken by the victim. Since copyright forms upon the creation of a work, generally it’s the photographer who holds the right to the image. Self-taken photos — nude or not — are owned by the photographer unless otherwise assigned, so a website displaying those photos without consent is violating copyright.

 

Here are a few other ways to fight back against online harassment:
Make a police report. All 50 states and the federal government, to some degree, have passed laws criminalizing cyber harassment or cyber stalking. Typically, violations are categorized as misdemeanors, but a conviction can result in jail time and fines.

Get a restraining order. A restraining order isn’t just for keeping somebody away from you physically. A court can use a restraining order to prohibit electronic contact as well. If you feel threatened or in danger because of an online harasser, you can petition the court for a restraining order. Many court web sites have the forms and instructions required for filing a restraining order.

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Legal Assistance
Confused? louisiana dwi lawyer is becoming increasingly available to help sort out your options in this relatively new area of the law. Should you need more assistance, an experienced attorney could possibly assist you.

Misdemeanor Sexual Battery — Louisiana Law

Misdemeanor Sexual Battery

During the 2015 legislative session, Louisiana lawmakers created the crime of misdemeanor sexual battery.  This offense is defined as the following:

The intentional touching of the breasts or buttocks of the victim by the offender, or the offender by the victim, using any instrumentality or any part of the body of the offender, directly or through clothing, when the offender acts without the consent of the victim.

Anyone who is convicted of this offense is not eligible to have the conviction set aside or have the prosecution dismissed. In other words. the person may not plea under Article 894 of the Louisiana Code of Criminal Procedure or have the conviction expunged.

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Additionally, anyone convicted of this will not be subject to the laws applicable to sex offenders, including but not limited to sex offender registration requirements.

Penalty / Sentencing

A fine of up to $1,000.00 imprisonment of up to 6 months, or both.

New Orleans Sexual Battery Attorney

If you or a loved one has been accused of the crime sexual battery, contact a louisiana dwi lawyer. We are prepared to fight for you.

Louisiana CBD Laws

CBD LAWS IN LOUISIANA louisiana dwi lawyer

In New Orleans and the State of Louisiana in it illegal for anyone to process or sell:

(1) Any part of hemp for inhalation.

(2) Any alcoholic beverage containing CBD.

(3) Any food product or beverage containing CBD unless the United States Food and Drug Administration approves CBD as a food additive.

The law further states that any CBD product that is manufactured, distributed, imported, or sold for use in Louisiana shall:

 (1) Be produced from hemp grown by a licensee authorized to grow hemp by the United States Department of Agriculture or under an approved state plan pursuant to the Agriculture Improvement Act of 2018 or under an authorized state pilot program pursuant to the Agriculture Improvement Act of 2014.

(2) Be registered with the department in accordance with the State Food, Drug, and Cosmetic Law.

(3) Be labeled in accordance with the State Food, Drug, and Cosmetic Law.

(4) Not be marketed as a dietary supplement.

(5) Have labels must state: “This product has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.”  The label cannot contain any medical claims. The label must have a scannable bar code, QR code, or web address linked to a document or website that contains a certificate of analysis.

Certificate of Analysis

The certificate of analysis must contain the following information: 

(1) The batch identification number, date received, date of completion, and the method of analysis for each test conducted.(2) Test results identifying the cannabinoid profile by percentage of dry weight, solvents, pesticides, microbials, and heavy metals.
The certificate of analysis shall be completed by an independent laboratory that meets the following criteria: 

(1) Is accredited as a testing laboratory approved by the department. 

(2) Has no direct or indirect interest in a grower, processor, or distributor of hemp or hemp products.

List of Registered Products

The department shall provide a list of registered products to the office of alcohol and tobacco control, law enforcement, and other necessary entities as determined by the department.
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The provisions of this Section do not authorize any person to manufacture, distribute, import, or sell any CBD product derived from any source that is not hemp.

Must be FDA Approved

The provisions of this Part shall not apply to any CBD product approved by the United States Food and Drug Administration or produced in accordance with R.S. 40:1046.

Investigation Charge

The department shall charge and collect from the manufacturers or packers of industrial hemp-derived CBD products an annual examination and investigation charge of not more than fifty dollars for any one separate and distinct product registered. 

Louisiana Marijuana Laws

NEW ORLEANS MARIJUANA ATTORNEY

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Attorney louisiana dwi lawyer has been a supporter of reforming Marijuana Laws for many years.  Up until a couple years ago, Louisiana had some of the harshest marijuana laws in the country, and it was the fifth-highest marijuana arrest rate in the United States.  Additionally, not until recently, did Louisiana have a law that effectively protects medical marijuana patients from arrest.

Marijuana is still classified as a Schedule I.

Distribution or Possession with Intent to Distribute Marijuana

Anyone found to be in possession with marijuana, tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols, or synthetic cannabinoids for an amount of:

  •            An aggregate weight of less than 2.5 pounds, shall be imprisoned, with or without hard labor, for not less than 1 year nor more than 10 years, and pay a fine of not more than $50,000 dollars.
  •             An aggregate weight of 2.5 pounds or more, shall be imprisoned at hard labor for not less than 1 year nor more than 20 years and pay a fine of not more than $50.000 dollars.

These sentences may be imposed with the benefit of probation, parole, and suspension of sentence.

Possession of Marijuana or Cannabinoids

Any person found in Possession marijuana, tetrahydrocannabinol, or chemical derivatives thereof, shall be punished as follows:

(a) On a first conviction, wherein the offender possesses 14 grams or less, the offender shall be fined not more than $300 dollars, imprisoned in the parish jail for not more than 15 days, or both.

(b) On a first conviction, wherein the offender possesses more than 14 grams, the offender shall be fined not more than $500 dollars, imprisoned in the parish jail for not more than 6 months, or both.

Marijuana convictions cleanse one time within 2 years from the date of the completion of sentence. This means that if it has been more than 2 years since the defendant has completed a sentence for a first offense marijuana conviction, the DA office cannot enhance penalties. A person is only allowed this concession once.

(c) On a second conviction the offender shall be fined not more than$1,000 dollars, imprisoned in the parish jail for not more than 6 months, or both.

(d) On a third conviction the offender shall be sentenced to imprisonment, with or without hard labor, for not more than 2 years, shall be fined not more than $2500 dollars.

If the court places the offender on probation, the probation shall provide for a minimum condition that he participate in a court-approved substance abuse program and perform four eight-hour days of court-approved community service activities. Any costs associated with probation shall be paid by the offender.

(e) On a fourth or subsequent conviction the offender shall be sentenced to imprisonment with or without hard labor for not more than 8 years, shall be fined not more than $5,000 dollars, or both.

If the court places the offender on probation, the probation shall provide for a minimum condition that he participate in a court-approved substance abuse program and perform four eight-hour days of court-approved community service activities. Any costs associated with probation shall be paid by the offender.

Possession of Synthetic Cannabinoids Penalties

If a person is found in possession of a synthetic cannabinoid, the offender shall be punished as follows:

(a) On a first conviction, the offender shall be fined not more than$500 dollars, imprisoned for not more than 6 months, or both.

(b) On a second conviction, the offender shall be fined not less than $250.00 dollars nor more than$2,000, imprisoned with or without hard labor for not more than 5 years, or both.

(c) On a third or subsequent conviction, the offender shall be sentenced to imprisonment at hard labor for not more than 20 years, and may, in addition, be fined not more than $5,000 dollars.

(d) If the court places the offender on probation, the probation shall provide for a minimum condition that he participate in a court-approved substance abuse program and perform four eight-hour days of court-approved community service activities. Any costs associated with probation shall be paid by the offender.

Legal Assistance

If you have been arrested for a criminal offense involving marijuana, contact a New Orleans marijuana attorney today for guidance and help.

Possession of Schedule I Controlled Dangerous Substance — Louisiana

POSSESSION NARCOTIC DRUGS LISTED IN SCHEDULE I — LA R.S. 40:966

Possession of a Schedule I Louisiana Law

It is unlawful for any person to possess a controlled dangerous substance classified in Schedule I unless such substance was obtained directly by valid prescription or other professional practice authorized by law.

This includes counterfeit Schedule I controlled substances.

Penalties For Violation:

Possession of a drug or substance classified in Schedule I, except for heroin, marijuana/ cannabis or synthetic cannabis, penalties:

(a) An aggregate weight of less than 2 grams, shall be imprisoned, with or without hard labor, for not more than 2 years and may, in addition, be required to pay a fine of not more than $5,000.00 dollars.

(b) An aggregate weight of 2 grams or more but less than 28 grams, shall be imprisoned, with or without hard labor, for not less than 1 year nor more than 10 years and may, in addition, be required to pay a fine of not more than $5,000.00 dollars.

Possession of Marijuana Penalties

Any person found in Possession marijuana, tetrahydrocannabinol, or chemical derivatives thereof, shall be punished as follows:

(a) On a first conviction, wherein the offender possesses 14 grams or less, the offender shall be fined not more than $300 dollars, imprisoned in the parish jail for not more than 15 days, or both.

(b) On a first conviction, wherein the offender possesses more than 14 grams, the offender shall be fined not more than $500 dollars, imprisoned in the parish jail for not more than 6 months, or both.

Marijuana convictions cleanse one time within 2 years from the date of the completion of sentence. This means that if it has been more than 2 years since the defendant has completed a sentence for a first offense marijuana conviction, the DA office cannot enhance penalties. A person is only allowed this concession once.

(c) On a second conviction the offender shall be fined not more than$1,000 dollars, imprisoned in the parish jail for not more than 6 months, or both.

(d) On a third conviction the offender shall be sentenced to imprisonment, with or without hard labor, for not more than 2 years, shall be fined not more than $2500 dollars.

If the court places the offender on probation, the probation shall provide for a minimum condition that he participate in a court-approved substance abuse program and perform four eight-hour days of court-approved community service activities. Any costs associated with probation shall be paid by the offender.

(e) On a fourth or subsequent conviction the offender shall be sentenced to imprisonment with or without hard labor for not more than 8 years, shall be fined not more than $5,000 dollars, or both.

If the court places the offender on probation, the probation shall provide for a minimum condition that he participate in a court-approved substance abuse program and perform four eight-hour days of court-approved community service activities. Any costs associated with probation shall be paid by the offender.

Possession of Synthetic Cannabinoids Penalties

If a person is found in possession of a synthetic cannabinoid, the offender shall be punished as follows:

(a) On a first conviction, the offender shall be fined not more than$500 dollars, imprisoned for not more than 6 months, or both.

(b) On a second conviction, the offender shall be fined not less than $250.00 dollars nor more than$2,000, imprisoned with or without hard labor for not more than 5 years, or both.

(c) On a third or subsequent conviction, the offender shall be sentenced to imprisonment at hard labor for not more than 20 years, and may, in addition, be fined not more than $5,000 dollars.

(d) If the court places the offender on probation, the probation shall provide for a minimum condition that he participate in a court-approved substance abuse program and perform four eight-hour days of court-approved community service activities. Any costs associated with probation shall be paid by the offender.

Possession of Heroin Penalties

If a person is found in possession of heroin or a mixture or substance containing a detectable amount of heroin or of its analogues, upon conviction for an amount:

(a) An aggregate weight of less than 2 grams, shall be sentenced to a term of imprisonment, with or without hard labor, for not less than 2 years nor more than 4 years.

(b) An aggregate weight of 2 grams or more but less than 28 grams, shall be sentenced to a term of imprisonment, with or without hard labor, for not less than 2 years nor more than 10 years and may, in addition be required to pay a fine of not more than $5,000 dollars.

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Drug Treatment

Treatment for heroin addiction as a condition for probation for a conviction of possession with intent to distribute heroin or possession of heroin, the court may suspend any sentence which it imposes and place the defendant on probation pursuant to Code of Criminal Procedure Article 893. The court may order the division of probation and parole of the Department of Public Safety and Corrections to conduct a presentence investigation, or may order the defendant to obtain a substance abuse evaluation, for the purpose of determining whether the defendant has a substance abuse disorder.

Upon receiving the report or evaluation, the court shall, if it finds probable cause from such report to believe the defendant has a substance abuse disorder, order a contradictory hearing for the purpose of making a judicial determination on whether the defendant has a substance abuse disorder.

If, at such contradictory hearing, the court determines that the defendant has a substance abuse disorder, it shall require as a condition of probation that the defendant complete a drug treatment program if the following conditions are met:

(a) There is an available program in the local jurisdiction that has sufficient experience in working with criminal justice participants with substance abuse disorders and is certified and approved by the state of Louisiana.

(b) The cost of the approved treatment does not create a substantial financial hardship to the defendant or his dependents. For purposes of this determination, “substantial financial hardship” shall have the same meaning as provided in R.S. 15:175.

If the offender does not successfully complete the drug treatment program, or otherwise violates the conditions of his probation, the court may revoke the probation or impose other sanctions pursuant to Code of Criminal Procedure Article 900.

Legal Assistance

If you or a loved one has been arrested for Drug Possession, contact louisiana dwi lawyer for a consultation.  We want to protect your rights!

Unlawful Use or Access of Social Media By Sex Offender– Louisiana

Unlawful Use or Access of Social Network by a Sex Offender 

The following shall constitute unlawful use of a social networking website:

(1) The intentional use of a social networking website by a person who is required to register as a sex offender and who was convicted of R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S. 14:81.3 (computer-aided solicitation of a minor), or R.S. 14:283 (video voyeurism) or was convicted of a sex offense as defined in R.S. 15:541 in which the victim of the sex offense was a minor.

(2) The provisions of this Section shall also apply to any person convicted for an offense under the laws of another state, or military, territorial, foreign, tribal, or federal law which is equivalent to the offenses provided for in Paragraph (1) of this Subsection, unless the tribal court or foreign conviction was not obtained with sufficient safeguards for fundamental fairness and due process for the accused as provided by the federal guidelines adopted pursuant to the Adam Walsh Child Protection and Safety Act of 2006.

Definitions

“Minor” means a person under the age of eighteen years.

“Social networking website” means an Internet website, the primary purpose of which is facilitating social interaction with other users of the website and has all of the following capabilities:

  • Allows users to create web pages or profiles about themselves that are available to the general public or to any other users.
  • Offers a mechanism for communication among users.

“Social networking website” does not include any of the following:

  • An Internet website that provides only one of the following services: photo-sharing, electronic mail, or instant messaging.
  • An Internet website the primary purpose of which is the facilitation of commercial transactions involving goods or services between its members or visitors.
  • An Internet website of a governmental entity.

“Use” means to create a profile on a social networking website or to contact or attempt to contact other users of the social networking website.

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Penalties

Whoever commits the crime of unlawful use or access of social media shall, upon a first conviction, be fined not more than $10,000 and shall be imprisoned with hard labor for not more than 10 years without benefit of parole, probation, or suspension of sentence.

Whoever commits the crime of unlawful use or access of social media, upon a second or subsequent conviction, shall be fined not more than $20,000 and shall be imprisoned with hard labor for not less than 5 years nor more than 20 years without benefit of parole, probation, or suspension of sentence.

Legal Assistance

If you are a sex offender and been accused of using a social network or social media, contact our louisiana dwi lawyer

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