S. Christie Smith IV’s Answers

S. Christie Smith IV

Leesville Wrongful Death Attorney.

Contributor Level 6
  1. I had a 10,000 wedding set stolen from me, the person was charged and jailed. Will they be required to repay me?

    Answered 9 months ago.

    1. S. Christie Smith IV
    1 lawyer answer

    If someone is convicted of a crime related to the taking of your property (and the property is not ultimately returned to you in the process), then it is possible that the sentencing judge will require some amount of restitution to be paid back to you by the defendant. This is largely dependent on the manner in which the judge structures the defendant’s sentence, and whether she suspends any part of the execution of the sentence and places the defendant on some type of probation during which,...

    1 lawyer agreed with this answer

  2. Is it illegal to video &/or audio record in Louisiana if person said MANY times u did NOT have my permission

    Answered over 4 years ago.

    1. S. Christie Smith IV
    1 lawyer answer

    Generally speaking, Louisiana has a "single-party consent" rule for recordings, meaning that only one person—usually the one recording—needs to consent for the recording not to be “illegal”, as long as it is made in a place where the recorder had a right to be and the recordee had no “reasonable expectation of privacy” there. Public places are usually fair game for non-commercial recording. But the issue for you may not be whether the action is “legal” or “illegal”, both of which terms really...

    2 people marked this answer as helpful

  3. Is there a time limit for holding someone in jail while waiting for a court date?

    Answered 9 months ago.

    1. S. Christie Smith IV
    2. S Shazam Kianpour
    2 lawyer answers

    Essentially everyone held in jail is entitled to have a reasonable bail set, and by posting that amount, the accused person is permitted to be released from jail, pending his trial. If the accused person is unable to post bail, then he will usually remain in jail until his trial. Additionally, even if he can post bail, there may be a detainer (“release hold”) placed on him if he is on parole or probation for prior charges, or has charges pending against him in a foreign jurisdiction. If that...

  4. Can a LA, Parish Judge, enter a nolle prosequi without motion by the state or is he breeching the seperation of powers doctrine.

    Answered over 4 years ago.

    1. S. Christie Smith IV
    1 lawyer answer

    "Nolle Prosequi" is an archaic phrase that essentially means to dismiss or abandon a prosecution after it has begun. Whom to prosecute, when to do so, and for what charge are the exclusive province of the prosecuting attorney. Only she can choose to abandon a prosecution, and the nolle prosequi is her choice to make. From a practical perspective, though, a judge can obtain the same result by acquitting the accused, refusing to allow certain evidence (making a conviction impossible) or...

  5. When was the last revision of the dwi law in louisiana?

    Answered over 4 years ago.

    1. S. Christie Smith IV
    1 lawyer answer

    The Louisiana DWI statute (LSA-R.S. 14:98) is a popular subject for legislative revision. It has been amended more than a dozen times in the past ten years, most recently in 2008. The 2008 revisions were extensive and dealt largely with enhancing the penalties and restricting the discretion of the courts in the manner in which sentences are imposed. Both the Louisiana and United States Constitutions prohibit “ex post facto” (after the fact) application of “substantive” changes to the law,...

  6. Canyou plead 894 for shop lifting

    Answered over 4 years ago.

    1. S. Christie Smith IV
    1 lawyer answer

    Though often referred to in legal short-hand as “pleading under 894,” Louisiana Code of Criminal Procedure article 894 is not technically a “plea”, but rather a sentencing provision. It assumes that the defendant pleaded “guilty” or was convicted after a bench trial. It allows a judge, under certain circumstances, to, among other things, “defer” sentencing and, instead, place the offender on probation with a host of special conditions that must be fulfilled. If the offender complies with...