Hammond police were called after a man tried to buy a vehicle using fake $100 bills.
Officers found Deshaun Andrew Williams with more than $17,000 in fake $100 bills on him. Williams was arrested on counts of theft by fraud and monetary instrument, according to The Advocate.
“For Motion Picture Use Only” is written on the top right side of each bill’s face.
Williams was also arrested on one count of introduction of contraband into a penal institution after officers recovered marijuana and hydrocodone during the booking process.
Source: The Advocate, “Man Tries to Use ‘Movie Money’ to Buy Car,”October, 29, 2013.
Breathalyzer machine that is commonly used in Louisiana
For information regarding whether you should submit to the breathalyzer test, watch the video now.
It depends on the number of prior convictions for DWI within 10 years prior to arrest. If the person charged with DWI has one or zero prior DWI convictions, not arrest(s), then the current charge would be a misdemeanor. Misdemeanor DWI includes a sentencing range of up to 6 months in parish jail. Mandatory time may also be included if it is a second offense and/or if the BAC level is .15 or above.
DWI third and fourth offense are felony charges. These charges carry very lengthy prison sentence ranges. DWI third offense carries 1-5 years in prison while DWI fourth offense carries a penalty of 10-30 years in prison.
So, DWI can be a misdemeanor or a felony depending on the number of prior convictions for DWI. The predicate convictions can be from out-of-state. The prosecutor must prove the existence of the predicate.
For more information regarding DWI laws in Louisiana, call Carl Barkemeyer, DWI lawyer in Baton Rouge at (225) 964-6720.
The answer is ‘Yes.’ It is commonly mistaken that DWI (DUI) is not a crime. It is a crime listed in the criminal statutes under La. R.S. 14:98. Operating a Vehicle While Intoxicated (DWI) is a misdemeanor upon the first and second convictions. However, it is a felony upon the third and subsequent convictions. The misdemeanor charge for DWI carries up to 6 months in jail.
A conviction for DWI has serious consequences. It can affect your driving record, employment, school, and insurance. DWI in Louisiana is a serious charge.
If you or someone you know has received a charge for DWI, contact Carl Barkemeyer, Baton Rouge DWI Attorney, at (225) 964-6720.
The concept of joint possession arises frequently in drug cases. For instance, two or more people are in a vehicle that is found to have illegal narcotics within. Depending on the specific facts, the officer may issue a summons to all occupants for possession of marijuana or he may arrest all or multiple occupants for possession of other controlled dangerous substances. Although the illegal narcotics may be in a single form of packaging, all or multiple occupants may be facing the same possession charge. This concept is referred to a joint possession. Multiple people can possess a single item. For example, two people each put it money to purchase a case of beer at a convenience store. Arguably, that case of beer belongs to both people.
However, the specific facts must be examined to determine if the prosecutor can prove joint possession. Every case is different. Intent to possess and dominion of control must be proven to get a conviction for a drug possession charge in Louisiana.
For more information, contact Carl Barkemeyer, Drug Possession Lawyer in Baton Rouge, Louisiana at (225) 964-6720.
Many times, when someone is a victim of a robbery, home burglary, or car burglary, they describe the incident by saying they “got robbed.” In a more technical and legal sense, robbery and burglary are two separate crimes.
Burglary is the unauthorized entry into a home, business, or vehicle, with the intent to commit a theft or felony therein. It is common that the offender commits the offense when the victim is not present. For example, burglary occurs when the offender breaks the window of a parked vehicle and takes items from the vehicle.
On the other hand, a robbery is the intentional taking of something from the person of another with the use of force or violence. This crime carries more severe consequences than burglary. An example of robbery is when the offender enters a store and points a gun at the clerk demanding money. When a dangerous weapon is used in a robbery, the charge becomes armed robbery that carries a sentence of 10-99 years in prison without probation or parole.
The distinction between robbery and burglary is important in terms of the potential sentence of the offender if convicted.
Being found to be in possession of marijuana can lead to the prosecutor charging an individual with either a misdemeanor or a felony, depending on the facts and circumstance of the case. The distinction is important because the penalties have a wide variation.
The misdemeanor-grade charge of possession of marijuana is a first offense simple possession charge. In this instance, there are no facts to show the defendant possessed with intent to distribute or sell. If facts did exist, the charge could be increased to the felony charge of Possession with Intent to Distribute. Facts that may be used to prove intent to distribute may include the presence of scales, baggies, weapons and cash. Possession with Intent to Distribute Marijuana (Schedule I) carries a sentencing range of 5-30 years in prison. On the other hand, simple possession of marijuana, first offense, carries 0-6 months in jail.
Simple possession of marijuana can also be increased to a felony, without the facts indicating intent to distribute, when the State can prove the defendant has a prior conviction for possession of marijuana. Therefore, Possession of Marijuana, Second Offense, is a felony, punishable up to 5 years in prison.
If you are faced with a marijuana charge in Louisiana, contact Carl Barkemeyer, Baton Rouge Marijuana Defense Lawyer at (225) 964-6720.
Often times, the crime of assault is confused with the crime of battery. Additionally, there are many different forms of assault that range from misdemeanors to felonies. An assault in Louisiana is defined as an attempt to commit a battery, or the intentional placing of another in the reasonable apprehension of receiving a battery, in other words, making another believe he/she is about to receive a battery. Assault differs from a battery in that a battery involves the actual use of force or violence on another. Battery and Assault are not the same crime in Louisiana.
The most minor form of assault is a Simple Assault, which is an assault committed without the use of a dangerous weapon. It is a misdemeanor offense in Louisiana. An assault becomes an Aggravated Assault when it is committed with a dangerous weapon. It is a misdemeanor punishable by imprisonment of up to six months. In the case of an aggravated assault with a firearm, the penalties become more severe. If a firearm is discharged during the assault, the crime becomes a felony punishable up to 5 years in prison.
If you or someone you know needs a Baton Rouge Assault Lawyer or a Baton Rouge Battery Lawyer, call Carl Barkemeyer at (225) 964-6720 for a consultation.
This week, a man in Calcasieu Parish, Louisiana was arrested for DWI with the Child Endangerment provision, among other charges. He is accused of driving a school bus with, at one point, 49 children aboard. The Child Endangerment provision may apply when a minor twelve years of age or younger is a passenger in the vehicle during the commission of the crime.
The Child Endangerment provision under the Louisiana DWI statute (La. R.S. 14:98) increases the punishment if the defendant is convicted of the DWI. It provides that the minimum sentence may not be suspended, therefore, the defendant will be required to do jail time. For instance, upon a first conviction for DWI, the defendant would be required to serve 10 days in jail.
If you are faced with a DWI or DUI in Louisiana, contact Baton Rouge DWI Lawyer Carl Barkemeyer at (225) 964-6720 to discuss your case.
Two Baton Rouge men were arrested for stealing items from a man’s home and trying to dump them at a Port Allen scrapyard.
Previously, the owner of the items went to different scrapyards in Port Allen and Baton Rouge telling workers he had some items stolen from his home, including electrical wiring and a bathtub, and to notify him if any of the items were dropped off at their yards.
A few days later, workers at a scrapyard in Port Allen called him to say two men had just dropped off items similar to what he had described. The scrapyard employees stalled the two men so the owner could come and confirm the items belonged to him. Consequently, West Baton Rouge Sheriff’s deputies arrested the two men and booked them into the West Baton Rouge Parish Prison on a count each of illegal possession of stolen things.
If you have been charged with illegal possession of stolen things or another criminal charge, contact Baton Rouge Theft Attorney Carl Barkemeyer.
Source: The Advocate, “WBR sheriff’s deputies arrest two in thefts,” November 27, 2012.