Lincoln County, LA DUI-DWI Lawyers

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Mike  Smith Lawyer

Mike Smith

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Accident & Injury, Divorce & Family Law, Estate, Business, Car Accident

Mike’s Practice focuses on personal injury, auto accidents, and products liability; while he also has experience in estate matters and family law. ... (more)

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800-985-4380

Richard "Rick" Gallot

Federal Appellate Practice, Criminal, Medical Malpractice, Animal Bite
Status:  In Good Standing           Licensed:  34 Years

Allyson Bleich Foster

Real Estate, International, Estate, Business
Status:  In Good Standing           Licensed:  17 Years

Allyson Bleich Foster

Real Estate, International, Estate, Business
Status:  In Good Standing           Licensed:  17 Years

Addison Kennon Goff

Sexual Harassment, Criminal, Personal Injury
Status:  In Good Standing           

Paul Heath Hattaway

Family Law, Civil Rights, Corporate, Personal Injury
Status:  In Good Standing           Licensed:  11 Years

Tyler Graham Storms

Construction, Litigation, Employee Rights, Personal Injury, Car Accident
Status:  In Good Standing           Licensed:  28 Years

Addison Kennon Goff

Sexual Harassment, Criminal, Personal Injury
Status:  In Good Standing           

Benjamin Jay Durrett

Real Estate Other, Child Custody, Criminal, Household Mold
Status:  In Good Standing           Licensed:  19 Years

Raymond H Madden

Real Estate, Business Successions, Estate, Contract, Estate Planning
Status:  In Good Standing           Licensed:  54 Years

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LEGAL TERMS

JUSTICE SYSTEM

A term lawyers use to describe the courts and other bureaucracies that handle American's criminal legal business, including offices of various state and federal... (more...)
A term lawyers use to describe the courts and other bureaucracies that handle American's criminal legal business, including offices of various state and federal prosecutors and public defenders. Many people caught up in this system refer to it by less flattering names.

CIVIL

Noncriminal. See civil case.

SPECIFIC INTENT

An intent to produce the precise consequences of the crime, including the intent to do the physical act that causes the consequences. For example, the crime of ... (more...)
An intent to produce the precise consequences of the crime, including the intent to do the physical act that causes the consequences. For example, the crime of larceny is the taking of the personal property of another with the intent to permanently deprive the other person of the property. A person is not guilty of larceny just because he took someone else's property; it must be proven that he took it with the purpose of keeping it permanently.

EXCLUSIONARY RULE

A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from ... (more...)
A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from introducing at trial evidence seized during an illegal search.

NOLLE PROSEQUI

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue... (more...)
Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge's A1:C576 to 'nol-pros' a case. (See Federal Rule of Criminal Procedure 48a.) Abbreviated 'nol. pros.' or 'nol-pros.'

CRIMINAL LAW

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not p... (more...)
Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.

BURDEN OF PROOF

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

ACCESSORY

Someone who intentionally helps another person commit a felony by giving advice before the crime or helping to conceal the evidence or the perpetrator. An acces... (more...)
Someone who intentionally helps another person commit a felony by giving advice before the crime or helping to conceal the evidence or the perpetrator. An accessory is usually not physically present during the crime. For example, hiding a robber who is being sought by the police might make you an 'accessory after the fact' to a robbery. Compare accomplice.

AGGRAVATING CIRCUMSTANCES

Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, th... (more...)
Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, the crime of aggravated assault is a physical attack made worse because it is committed with a dangerous weapon, results in severe bodily injury or is made in conjunction with another serious crime. Aggravated assault is usually considered a felony, punishable by a prison sentence.

SAMPLE LEGAL CASES

State v. Swayzer

... The defendant, Surah Swayzer, was charged by bill of information with driving while intoxicated (DWI), fourth offense, a violation of LSA-RS 14:98. ... Based on the results of the test and on his observations of the defendant, Officer Smith placed defendant under arrest for DWI. ...

State v. Cox

... 3 Cir. 10/31/01), 799 So.2d 732, 749-50, writ denied, 01-3312 (La.1/10/03), 834 So.2d 427: In this case, the Defendant was charged and convicted of one count of third offense DWI, two counts of manslaughter, and one count of first degree vehicular negligent injuring. ...

State v. Morain

... He had no prior DWI charges or offenses, was employed as a police officer in Baton Rouge for ten-and-a-half years, suffers from post-traumatic stress disorder, severe depression, various health problems, and has a drinking problem. ...