Louisiana Legal Blog

Fourth Amendment rights for those facing drug charges

On behalf of Brett K. Duncan & Co. posted in drug charges on Thursday, May 23, 2019.

Even if a Louisiana resident has not attended law school, they may be familiar with the Fourth Amendment to the United States Constitution. The Fourth Amendment is part of the Bill of Rights, a federal document that ensures that Americans are protected from various infractions by the government. The Fourth Amendment is of interest to many criminal defendants because it concerns actions that are undertaken by law enforcement officials during stops, searches and arrests.

Pursuant to the Fourth Amendment, law enforcement officials and agents of the government may not unreasonably intrude on citizens' lives. That means that they cannot arbitrarily search individuals' homes, cars and persons without a reason. Often, law enforcement officials will secure warrants from the courts so that they may undertake searches and the seizure of property. When they do not get warrants, they must have probable cause to perform legal searches and seizures.

Problems with money can drive spouses apart and lead to divorce

On behalf of Brett K. Duncan & Co. posted in Divorce on Friday, May 10, 2019.

There is no question that living in certain areas of the country is expensive. Metropolitan areas across the nation can be so pricey that not everyone can afford to find housing and other basic necessities in their budgets. Even here in Louisiana, some people are simply priced out of living in communities with higher costs of living.

Having enough money to live one's life is important, and having a plan on how to spend and save can be imperative to the success of running a family. Because money is necessary and complex, many couples work hard to make sure they are on the same page to avoid conflicts over their partner's spending habits. When problems with money arise, major issues can develop in an otherwise happy marriage.

The legal significance of domestic abuse allegations

On behalf of Brett K. Duncan & Co. posted in Criminal Defense on Friday, April 26, 2019.

Claims of domestic abuse and violence can be based on many different alleged actions. They can allege that aggressors committed actual physical violence against their alleged victims, or they can be based on allegations of emotional harm. Threats, stalking and other alleged actions may form the basis of domestic violence claims, and when domestic violence is asserted by an alleged victim their alleged aggressor may face serious legal consequences.

Depending upon the nature of a domestic violence claim an alleged aggressor may face criminal sanctions. They could face assault charges or other serious criminal claims that could affect their rights and future. Domestic violence allegations can also have civil repercussions as well. Alleged victims of domestic violence can seek to limit their contact with their alleged aggressors and can prevent those individuals from coming to their homes, seeing their kids and being involved in their own families.

Is your child showing signs of concerning behavior?

On behalf of Brett K. Duncan & Co. on Thursday, April 25, 2019.

Before your child was even born, you likely had dreams and aspirations for him or her. Maybe you imagined your child excelling at sports or academics or landing a successful career later in life. Of course, you likely also understood that your child would make his or her own choices throughout life.

Still, you undoubtedly hoped that your child would make good choices and not get involved in any activities that could cause trouble. However, more recently, you may have had concerns about your child's behavior and whether he or she was on the road to trouble.

Why do some Louisianans choose to mediate their divorce?

On behalf of Brett K. Duncan & Co. posted in out-of-court divorce on Thursday, April 11, 2019.

From a very early age a child may develop a sense of autonomy that causes them to want to make decisions for themselves. They may become frustrated when grown-ups attempt to intervene and to set them on paths that they do not want to follow. When a Louisiana child is confronted with a loss of power over matters that affect their life, they may become angry and unsatisfied with their situation.

It is a sad truth that many adults have this very same experience when they go through the traditional divorce process. Courtrooms are adversarial, which means that they are built upon the premise that the two sides to the legal proceedings will fight each other to find resolutions to their problems. A courtroom also has a built in failsafe in the form of a judge, since it is not unusual for parties to civil cases to be unable to find common ground to resolve their problems.

Helping families manage the details of divorce

On behalf of Brett K. Duncan & Co. posted in Divorce on Thursday, March 28, 2019.

Marriages end every day. While some may take years to ultimately break down, others may meet their ends when unexpected events pull spouses apart. In Louisiana, residents can file for divorce to legally terminate their martial relationship.

Some divorces resolve quickly when the parties to the proceedings can agree on the decisions that they must make to untie their lives from each other. If they have a prenuptial agreement in place and can settle any unaddressed financial issues, then their divorce may move forward without complications. Divorces that involve children can be much more complex as matters related to child custody and visitation must be handled with consideration and care.

4 things parents can do to keep kids out of trouble

On behalf of Brett K. Duncan & Co. on Thursday, March 21, 2019.

Sometimes the demands a family is facing make it difficult for parents to tame a rebellious teen. If you’re concerned that your child may be headed toward a dangerous path, these four preventative measures can help keep them from making poor choices.

The legal status of marijuana in Louisiana

On behalf of Brett K. Duncan & Co. posted in drug charges on Thursday, March 14, 2019.

States across the country have taken major steps toward legalizing the personal and recreational use of marijuana by their citizens. Though the federal government still recognizes marijuana as an illegal substance, some states have chosen to permit the limited possession and use of the drug by adult members of their populations. Louisiana, however, is not one of those states.

State law has not been changed or modified to allow individual citizens to have or use marijuana for their personal use. In fact, a person who is found to be in possession of up to 14 grams of the substance may be penalized with 15 days in a parish jail, $300 in fines, or both. If a person has a prior arrest for drug charges, those punishments can be amplified.

Civility can benefit the parties of an out-of-court divorce

On behalf of Brett K. Duncan & Co. posted in out-of-court divorce on Thursday, February 28, 2019.

There is no getting around the fact that a divorce is a difficult legal and emotional process. Two people who once believed that their marriage would last forever must decide that it would better to split up their family and live their lives apart. In Louisiana, individuals facing the challenges of divorce on many levels may look for ways to make it easier on themselves and their families.

Though it may not be possible to eliminate all of the conflicts and difficulties of ending a marriage, there are some steps that individuals can take to make their divorces less confrontational. One thing that they may choose to do is to explore all of their options for ending their marriages. They may find that mediation would serve their interests more fully than litigation and that they can settle their disagreements in out-of-court divorce proceedings.

Helping Louisiana parents create effective child custody plans

On behalf of Brett K. Duncan & Co. posted in child custody & visitation on Thursday, February 14, 2019.

It is hard for Louisiana families to go through the challenges of a divorce. Even when spouses can work together for the benefit of themselves and their children, conflicts may arise and emotions flare. While parents may be able to understand the divorce process and the ends that they wish to achieve, children can be left with questions, concerns and fears about their future.

Helping Louisiana Families Face Legal Problems