Attorney Blog2018-08-02T03:48:53-05:00

Attorney Blog

Jussie Smollett – Was It Legal for Chicago Prosecutors to Drop All Charges Against Jussie Smollett?

Jussie Smollett – Was It Legal for Chicago Prosecutors to Drop All Charges Against Jussie Smollett? On March 26, 2019, prosecutors in Chicago dropped all charges against the Empire actor Jesse Smollett. He was charged in January with staging a hate crime. In exchange for the charges being dropped, Smollett agreed to community service and to forfeit the $10,000 bond he paid for his release. Police Superintendent Eddie Johnson and Mayor Rahm Emanuel criticized the prosecutor's decision to drop the charges against Mr. Smolett. Many people are wondering how is it possible for the Chicago state's attorney to drop all charges [...]

By |March 27th, 2019|Categories: Uncategorized|Comments Off on Jussie Smollett – Was It Legal for Chicago Prosecutors to Drop All Charges Against Jussie Smollett?

Expungements in Louisiana – What Types of Crimes Cannot Be Expunged in Louisiana?

Expungements in Louisiana -What Types of Crimes Cannot Be Expunged in Louisiana? by Attorney Gaynell Williams Our previous blog on Expungement of DWI/DUI and Criminal Arrests and Convictions can be found at Louisiana expungements in general.  This blog discusses certain crimes that cannot be expunged. As you may know, to expunge a criminal record means to remove a record of arrest or conviction, photographs, fingerprints, disposition, or any other information of any kind from public access. However, an expunged record is not destroyed. Generally, a conviction cannot expunged if it is for any crime or an attempted crime that is designated [...]

By |March 20th, 2019|Categories: Uncategorized|Comments Off on Expungements in Louisiana – What Types of Crimes Cannot Be Expunged in Louisiana?

Empire’ Star Jussie Smollett Arrested for Filing a False Police Report after Attack Claim

Empire’ Star Jussie Smollett Arrested for Filing a False Police Report after Attack Claim Actor and singer Jussie Smollett was arrested on Thursday, February 21, 2019 for filing a false police report after claiming he was the victim of a racist and homophobic attack. Smollett claimed to police on January 29, 2019 that he was physically attacked by two men at approximately 2 a.m. after picking up food at a Subway restaurant in downtown Chicago. He reported that the assailants yelled racist and homophobic slurs before pouring an unknown chemical substance on him and wrapping a rope around his neck. Smollett [...]

By |February 21st, 2019|Categories: Uncategorized|Comments Off on Empire’ Star Jussie Smollett Arrested for Filing a False Police Report after Attack Claim

Will Louisiana Be the Next State to Lower Its DWI Limit to .05 Percent?

Will Louisiana Be the Next State to Lower Its DWI Limit to .05 Percent?   On December 30, 2018, the state of Utah lowered its DUI limit to .05 percent. Click here for the Utah statute. Will Louisiana be next? As you know, the DWI limit in Louisiana is currently .08 percent. The DWI limit in Louisiana has been .08 percent since 2003, when Louisiana lowered its DWI limit from 0.10 percent to .08 percent. In 1983, Utah was the first state to lower its DUI limit from 0.10 percent to 0.08 percent. Now, some 25 years later, Utah was the [...]

By |January 18th, 2019|Categories: Uncategorized|Comments Off on Will Louisiana Be the Next State to Lower Its DWI Limit to .05 Percent?

Do Motorists in Louisiana Have to Submit to the Breathalyzer Test after a DWI Arrest?

Do Motorists in Louisiana have to Submit to the Breathalyzer Test or a Blood Test after a DWI Arrest? Another frequently asked question that motorists ask about DWI or DUI law is, “Can I refuse to take the breathalyzer test after a DWI arrest?” The short answer yes. But there are serious consequences upon refusal. If an arrested motorist in Louisiana refuses to submit to the breathalyzer test or other chemical test or tests (alcohol analysis test) ordered by the arrested officer, his driving privileges will be suspended for a year for such refusal. Louisiana has an implied consent statute which [...]

By |December 22nd, 2018|Categories: Uncategorized|Comments Off on Do Motorists in Louisiana Have to Submit to the Breathalyzer Test after a DWI Arrest?

Do Motorists Have to Submit to Standard Field Sobriety Tests after a DWI or DUI Stop?

Do Motorists in Louisiana have to Submit to Field Sobriety Tests? One of the most frequently asked questions that motorist ask about DWI or DUI law is, “Can I refuse to take the roadside field sobriety tests after a DWI stop?” The short answer is yes. In Louisiana, a motorist is not required to submit to field sobriety tests. These tests are  used by law enforcement officers to gather evidence of intoxication. I discussed the various field sobriety tests in a prior blog. Often, if the police officer is not able to gather evidence from the motorist by use of one [...]

By |December 5th, 2018|Categories: Uncategorized|Comments Off on Do Motorists Have to Submit to Standard Field Sobriety Tests after a DWI or DUI Stop?
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