Elizabeth B Carpenter’s Answers

Elizabeth B Carpenter

New Orleans Criminal Defense Attorney.

Contributor Level 12
  1. Changing Criminal defense Attorny

    Answered almost 3 years ago.

    1. Elizabeth B Carpenter
    2. Tracey M. Martin-Henry
    2 lawyer answers

    I agree with my colleague. In fact, many of my cases have been in the hands of another attorney before I enrolled. It is very important for the client to trust and feel as if she/he can communicate with the lawyer. The lawyer has a duty to explain the status of the case to the client. My advice is for you to consult with another lawyer -- get a second opinion. If you feel more comfortable with the new lawyer then consider changing. Many individuals change lawyers in the middle of a...

    5 lawyers agreed with this answer

    2 people marked this answer as helpful

  2. Texas Suspension for out of state dwi conviction - hearing request

    Answered 12 months ago.

    1. Robert L. Keates
    2. David N. Smith
    3. Elizabeth B Carpenter
    3 lawyer answers

    Keep in mind that I am not licensed to practice law in Texas. That being said, since La. in a neighboring state, I have defended many Texas' residents in Louisiana DWI cases. My answer to your question is yes. Here is the reasoning: This is my understanding of TX law as related to me by a colleague, TC § 521.306 provides: (a) The department may suspend or revoke the license of a resident or the operating privilege of a nonresident to operate a motor vehicle in this state on...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. What is the punishment for lying to a police officer?

    Answered almost 3 years ago.

    1. Elizabeth B Carpenter
    1 lawyer answer

    It sounds as if your behavior fits the crime of Resisting Arrest, as defined by La RS 14:108 -- "Refusal by the arrested or detained party to give his name and make his identity known to the arresting or detaining officer or providing false information regarding the identity of such party to the officer." This crime is a misdemeanor "Whoever commits the crime of resisting an officer shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both."...

    4 lawyers agreed with this answer

    3 people marked this answer as helpful

  4. Ran into a parked car after a few drinks. Found out drugs I am taking prescribed by Dr. raise BAC significantly. Refused test.

    Answered 12 months ago.

    1. Elizabeth B Carpenter
    2. Richard Ramsey Kennedy III
    2 lawyer answers

    I agree with Attorney Kennedy's response. The only thing worth adding is that usually it is much more difficult to win an admin hearing than a DWI trial -- don't get me wrong, both proceedings present heir own challenges. The point being, if you won the admin hearing, I suspect that you will have a very good chance of winning the trial. Consult with your attorney for guidance. Good Luck

    Selected as best answer

  5. How can a state trooper come to your home an your not in your vehicle an try an give a sobriety test in your yard an give a DWI

    Answered 12 months ago.

    1. Elizabeth B Carpenter
    2. Chaz Hanley Roberts
    3. Samuel Cohen
    4. Ethan Patrick Meaney
    4 lawyer answers

    The fact of the matter is that a policeman can arrest you for anything. The question that remains is will the DA formerly charge you will a DWI after the case is screened You will find out in due time. I am curious to know if you blew into the breathalyzer. Of course, the officer had not legal right to open your car and take pictures -- but cops usually do whatever they want and then tell half truths and lies in police reports. This is probably one of the most frustrating aspects of my job....

    4 lawyers agreed with this answer

  6. If I admitted to having drugs in my system that didn't show up in my drug screening can my probation officer have me arrested?

    Answered 12 months ago.

    1. Elizabeth B Carpenter
    2. Michael Adam Haber
    3. Jared Seth Robinson
    3 lawyer answers

    I think that the main issue is that you tested positive for a CDS; hence, you violated the terms of your probations. This is probably the going to be the PO main focus.

    4 lawyers agreed with this answer

  7. I just graduated as physician assistance , had a DUI in another state upon applying for state license in colorado I was informed

    Answered 12 months ago.

    1. Daniel Nelson Deasy
    2. Christopher Daniel Leroi
    3. Elizabeth B Carpenter
    3 lawyer answers

    I represent many medical professionals before the state board who have received a DWI in the past or present. It is very important for you to have a lawyer. Restrictions on professional licenses must be based on the laws of your state. You need an advocate who is familiar with these laws. Your ability to earn a living is at stake. I have seen people represent themselves before state licensing boards and lose their ability to practice the profession for which they went to school all those...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Will either of us go to jail?

    Answered 12 months ago.

    1. Elizabeth B Carpenter
    2. Lee Alan Thompson
    2 lawyer answers

    As an attorney who has defended many individuals on Domestic Violence related charges all over the state of Louisiana, I know that these cases can be tricky. First and foremost, you MUST hire an attorney. Although domestic violence is usually only a misdemeanor, it will follow you for the rest of your life. Generally it is a non-expungeable offense and is highly frowned upon by the general population. Generally, prosecutors are blood thirsty when working these cases. Will you go to...

    Selected as best answer

  9. Will a pending theft felony show up on a background check for a retail job in Monroe, Louisiana.

    Answered 12 months ago.

    1. Elizabeth B Carpenter
    2. Gregory G. Dean
    3. Kathryn Mary Holton
    4. Stephen David Hebert
    4 lawyer answers

    Yes, it will show up until you have it expunged from your record -- even if the case is later dismissed.

    3 lawyers agreed with this answer

  10. Is there anything we can do for my fiancé who accepted a plea bargain?

    Answered 12 months ago.

    1. Elizabeth B Carpenter
    2. Theodore W. Robinson
    2 lawyer answers

    As an attorney who handles many Internet Child Pornography cases, your fiance's story is not uncommon. In Louisiana, a defendant has 2 years from the date of his guilty plea to seek post-conviction relief. If it has been more than 2 years since he entered his guilty plea, there is nothing that can be done for him. Please be advised that post conviction relief is not something that is granted very often, especially after a defendant waives his constitutional rights and enters a guilty plea....

    3 lawyers agreed with this answer