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Destrehan Criminal And Family Law Blog

How does the insanity defense currently apply?

All those who have been accused of a crime have the right to defend themselves before facing sentencing. Therefore, if you have been accused of a crime and you are awaiting trial, it is important that you fully understand the options available to you. Take the time to gain a complete overview of the different defense options that could lessen or lead to the dismissal of the charges made against you.

One possible defense option available in certain circumstances is to claim insanity. The insanity defense is the act of claiming that mental illness led to the committal of a crime and that the person in question does not have full culpability for the crime. This defense is designed to protect the mentally ill from the full brunt of the legal system, however, it can be prone to abuse by those who want to cheat the system. This is why the federal Insanity Defense Reform Act of 1984 was put into place.

Staying focused on your kids can ease co-parenting strain

If you've already divorced or are in the process of doing so, you and your ex likely aren't on the best of terms. You may feel a desire to yell at them whenever you see them or otherwise try to find a way to hold them accountable and let them know how you feel about the situation.

While working through your feelings can be healthy for you, it can make things very hard for your kids. Particularly if the only time you interact with your ex is during your routine custody exchanges, you may need to find a way to push down those negative feelings from the divorce and keep the focus on your children.

What does shoplifting encompass in Louisiana?

Shoplifting is a major problem for many retailers, but it is one that they might not address by chasing after the person they believe is stealing. They are concerned about the possibility of facing legal action if they chase someone who actually wasn't shoplifting. This doesn't mean that people are free to take what they want.

It is possible that even if someone who took something is able to leave with it that they will face legal issues later. Many stores have security cameras that capture footage police can use to try to find shoplifters. Other security options are also in place at many stores. All of this can be used to further the prosecutor's case if someone is apprehended and charged.

Protecting your parenting time rights after divorce

The months and years following two parents' divorce may not be an easy transition for both the parents and the children involved. Even when parents try to respect each other's rights and boundaries, learning how to share parenting responsibilities and privileges is rarely easy or pain-free.

During this transition time and in the months and years that follow, it is wise to understand when frustrating behavior by one parent or another becomes bad behavior that violates the rights of the other parent. Some parents seem to believe that their custody orders and parenting plans are simply suggestions, rather than legally binding documents.

Community property may impact divorce for business owners

Couples who divorce in Louisiana must divide their marital property equally, rather than equitably, according to our community property laws. For business owners, this can cause significant concerns.

When one spouse in a couple owns a business, that business may count as marital property, depending on the involvement of the other spouse in the business and any protections that the owning spouse has in place. Without a clear divorce strategy, a divorcing owner may also lose the business, or it may suffer serious setbacks.

These 3 tips can make your divorce a little easier

You don't want your divorce to be challenging, but despite your best efforts, it certainly is. You and your soon-to-be ex-spouse do not get along, and it's a big problem. It seems like you can't go a day without fighting, and you don't even live together any longer.

At this point, it may be a good time to look into common tips that can make your divorce more peaceful. Although a divorce can be a painful time in your life, there are steps you can take to make it as easy as possible.

How do the Louisiana courts handle your precious pets in divorce?

Families have a way of growing unexpectedly. Between children and pets, you and your spouse may soon find yourselves responsible for a number of lives. Whether you adopted fur babies because you chose to remain childless or augmented your already full family with dogs and cats, the companion animals in your life hold an important place in your heart and in the hearts of any children you share with your spouse.

As you consider a divorce in Louisiana, you may worry about splitting your assets and the custody of your children. Although it may seem to you that pets fall into some strange legal gray area between possessions and people, that is not how the family courts in Louisiana look at animals.

Is your prenuptial agreement as sturdy as you think it is?

When divorce comes knocking, having a prenuptial agreement can make the entire process much simpler and less contentious. That is, as long as the agreement holds up to scrutiny by each spouse and the court handling the divorce. Many prenuptial agreements contain errors or weaknesses that a spouse may contest or a court may not uphold.

Before you use your prenuptial agreement, it is a good idea to review it carefully to identify weaknesses. Unfortunately, spouses must finalize and sign prenuptial agreements before their marriage, meaning you may need to plan your divorce strategy to include any weaknesses you find. It is rarely good for a prenuptial agreement to hold surprises when it comes time for divorce.

With the holiday season comes increased DUI enforcement

With Thanksgiving already over and both Christmas, Hanukkah and New Year's Eve looming in the near future, the holiday season is officially underway. Many people look forward to family gatherings, as well as time off of work, traditional meals, gift exchanges and parties. Unfortunately, quite a few people involve large amounts of alcohol in their winter holiday celebrations.

From overindulging in champagne on New Year's Eve before the ball drop to getting drunk at the Christmas table to better tolerate your uncle's obnoxious political ramblings, there are many reasons why people drink around the holidays.

Enforcing your parenting time rights

One of the most difficult things about coparenting a child after divorce or separation is respecting the other parent's rights to time with the child while keeping your own parenting rights secure. If you have a custody order, it outlines how you and your child's other parent agree to share parenting time and responsibilities, and courts expect parents to obey this order, not take it as a suggestion.

Unfortunately, many parents seem to think that their time with their child is more important than the other parent's time, or that they simply do not have to obey their custody order if it is inconvenient. Violating another parent's rights can lead to loss of parenting privileges, mandatory make-up days for missed parenting time, and even criminal charges in extreme cases. If you believe that your child's other parent violated your parenting time rights, you may have legal tools you can use to protect your rights and your relationship with the child you love.

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