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Elizabeth B Carpenter

Elizabeth Carpenter’s Answers

172 total


  • MIP question

    I received an MIP in New Orleans recently, but was not asked to sign the ticket. Is it true that it cannot be processed if I did not sign it? How can I check the status of this?

    Elizabeth’s Answer

    This ticket will end up in Municipal Court regardless of your signing the ticket or not. It is impossible to check the status on Municipal Court citation over the phone -- they rarely answer the phone. You can go there yourself to check the status or you can hire a lawyer to handle the ticket for you without the necessity of your appearance. Your chances of having the citation dismissed are much greater with the assistance of a New Orleans Municipal Court Attorney. Good Luck!

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  • I was ordered to have interlock for 3 months. I was stopped and blew a .111. What are the consequences for this?

    Its time for me to have it uninstalled and dmv said that Bc I had sobriety test done I have to come in before I can have it taken out. Id like to know why.

    Elizabeth’s Answer

    You already asked this question. Please refer to my response in the other section.

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  • I was ordered to have interlock for 3 months. I was stopped and blew a .111. What are the consequences for this?

    Its time for me to have it uninstalled and dmv said that Bc I had sobriety test done I have to come in before I can have it taken out. Id like to know why.

    Elizabeth’s Answer

    You must go to the DMV because you are currently driving on a restricted license. Your license must be fully reinstated at the DMV before you can have interlock removed. If you have already plead guilty and your plea was entered under 894, then I encourage you to bring evidence of this to the DMV with you. You can go to the clerk at the court in which you were convicted and asked for a certified copy of the minute of your case. Good Luck!

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  • If an inmate doesn't have an attorney, how do they go about filing a 701 motion?

    My fiance is currently in jail and has not been to court yet. We know that they have 60 days before they have to take him to court (right?) So far it's been 43 days since the day he was arrested. We can't afford his bond & just want to be prepared...

    Elizabeth’s Answer

    The time period for filing a bill of information or indictment in Louisiana depends upon the nature of the offense -- the 60 day rule does not apply to every case.

    The 701 motion is something that a public defender can it. I would not try to file such a motion on your own.

    (1)(a) When the defendant is continued in custody subsequent to an arrest, an indictment or information shall be filed within forty-five days of the arrest if the defendant is being held for a misdemeanor and within sixty days of the arrest if the defendant is being held for a felony.

    (b) When the defendant is continued in custody subsequent to an arrest, an indictment shall be filed within one hundred twenty days of the arrest if the defendant is being held for a felony for which the punishment may be death or life imprisonment.

    (2) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony.

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  • My husband was incarcerated on April 3 2013 and received a 20 ye sentence all suspended but 2 years. How much actual time?

    State of Louisiana and completed hearts program for 45 days off sentence. I calculated the 18th of November but no time has been calculated with prison records.... :(

    Elizabeth’s Answer

    I need more information to answer your question.

    Did he serve any time before being incarcerated? In other words, did he get credit for time served?

    What is the offense?

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  • Got sent to a detention center , marijuana possesion & trying stealing clothes , havnt got my court date, its been 7 weeks ...

    When will i get my court date? Im a teen btw under 18

    Elizabeth’s Answer

    If you are 17 years old, you will be tried as an adult. I am assuming that the dollar amount of the clothing was under $500.00 -- so both of these offenses are misdemeanors. The prescriptive period of misdemeanors in La. is 1 year. This means that the DA office has 1 year from the date of the arrest to file charges. You, your parent or your lawyer must call the criminal clerk's office in the parish of your arrest and ask if a Court date has already been set. This is very important. Good Luck!

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  • Open container in Tuscaloosa Alabama

    Me and some friends were walking along the bar strip with some open beers some guys gave us. We were outside the door of a bar when two cops stopped us mainly because we were in LSU colors. When one of the cops asked for one of my friends addresse...

    Elizabeth’s Answer

    Call a criminal defense attorney in the Tuscaloosa area to appear in Court for you. More than likely, you will not even have to go back up there.

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  • How do I ask the judge for reconsideration?

    I plead guilty to a simple battery charge in 2005. I hired a lawyer and he filed an article 894 which was granted. However, he filed a expungemment at the beginning of this month and it was denied. I'm currently a student and I plan to pursue a ca...

    Elizabeth’s Answer

    This is something that you should be able to have expunged if you completed your probation. Consult another lawyer. There is no reason for the judge to deny the expungement if your plea was under 894 and you satisfactorily completed probation.

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  • Still no court date for misdemeanor charge?

    I encountered my first offense of shoplifting at the beginning of October. I still don't have a court date and have called the courthouse twice now. Both times, they have said that the charges have not even been received. What does this mean? I am...

    Elizabeth’s Answer

    It means that the DA office has not decided if they want to prosecute you. On a misdemeanor offense they have 1 year from the date of your arrest. Make sure that the Clerk of Court has your correct address, otherwise the DA could institute prosecution and you will not receive notice. It is your duty to make sure that they have the proper address for service. Good Luck!

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  • Been charge with grand theft 595 count 1 and identity theft what happen now ro me

    been charge with grand theft on a laptop counputer and identity theft count 1 i wand bound out with 1000 dollars what happen to me now

    Elizabeth’s Answer

    I am not completely understanding your question. Have you been arrested yet, or not? Either way, you must consult with an attorney.

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