When You’re Fighting For Your Freedom, Call The Davenport Firm, APLC, in Alexandria, LA
When charged with a crime, choosing an experienced criminal defense attorney who understands the intricacies of Louisiana law is important. It can mean the difference between living a normal life and facing a conviction that can curtail one’s freedom, family, job and future. Thomas “Tommy” Davenport, Jr., understands that being arrested and charged with a crime is stressful enough without the long lasting effects of a conviction. He will aggressively fight for his client’s rights and work hard to have the arrest record expunged.
If you’ve been charged with a crime, it may seem like the entire system is stacked against you. The police and prosecutor have the entire resources of the government to build a case, and judges often side with the law enforcement officials they see every day instead of who they perceive as a “lowly criminal.” If you’re looking for someone who will protect your constitutional right to be presumed innocent until the prosecutor proves his case, call us today.
Drug Distribution and Possession
Police often take a simple approach to drug charges. If they find drugs, everyone in the nearby area will be charged with possession. If they find a lot, the charges will be upgraded to intent to distribute. However, you have a right to have them prove that the drugs were actually in your control or that you had an actual intent to distribute. Even if they say they can prove that, you may also have a right to have the case dismissed if your constitutional rights were violated with an unlawful search or seizure.
Computer Related Crimes
Computer crimes are in the news nearly every week. People who mistakenly download a single photo are charged with child pornography, or an argument that happened online turns into accusations of cyber stalking or cyber bullying. With the constant publicity, it can be difficult to remove emotions from the equation and convince the court and the prosecutor to take a rational view of what actually happened.
A felony conviction can turn into a life sentence even when no jail time was ordered. You will lose important rights such as the right to vote, the right to own a firearm, and the ability to hold many jobs. If you’re facing felony charges, we will aggressively pursue all options from pleading down to a misdemeanor to seeking a full acquittal in a jury trial.
While misdemeanors aren’t as serious as felonies, they are still criminal convictions that could turn into bars to obtaining employment, loans or renting a home. No matter how minor a charge may seem, don’t try to negotiate a deal on your own. We may be able to help you avoid a criminal charge through a plea to a civil violation, a motion to dismiss, or a trial acquittal.
Jury Trials, Judge Trials, and Appeals
Did you know that nearly all criminal cases result in guilty pleas without a trial? Some defense attorneys may go years without handling a trial as they push their clients to take plea deals. Not us. We have extensive courtroom experience, and while we will pursue negotiations when it is to your advantage, we are also fully ready to use our experience to fight for your rights at trial or in an appeal.
DRIVING UNDER THE INFLUENCE (D.W.I.)
One of most common arrests is driving under the influence, also called “D.W.I.” The first and second offenses for D.W.I. charges are misdemeanor offenses. A misdemeanor is considered a “petty” offense. However, even though it is a misdemeanor, if the accused’s “blood alcohol concentration” (BAC) exceeds a certain amount, the law requires a mandatory jail sentence.
The third and subsequent D.W.I. offenses are felony crimes. Again, should the accused’s blood alcohol concentration (BAC) exceeds a certain amount, the law requires a mandatory jail sentence. For felony convictions for a third or subsequent conviction, the law provides for a mandatory minimum prison term. This means judges do not have the discretion or ability to render a sentence that is less than the mandatory minimum sentence.
In addition to a possible jail term, most D.W.I. convictions include the payment of fines, fees, court cost, probation supervision fees, driver improvement classes, drunk driving educations classes, M.A.D.D. classes, hours of community service and fees to restore driver’s license privileges. Often, the attendance of these mandatory classes, community service and reporting to a probation officer cause problems with your work or school schedule. Regarding employment, it could lead termination, reduction in pay, being passed over for a promotion, missed opportunity for a raise, negative performance reviews or termination. For educational problems, it could lead to missed classes, tests and poor grades.
D.W.I. arrests and convictions have consequences other than fines and jail. For example, when arrested for a D.W.I., the accused’s driving license will be suspended if he does not make a written request for an administrative hearing. This administrative hearing is completely separate from the D.W.I. charges pending in criminal court. Regarding the administrative hearing, the government created laws that work against the accused. These laws make it easy for the State of Louisiana to revoke or suspend your driver’s license.
Also, automobile insurance companies may use a D.W.I. conviction as a reason to increase insurance premiums. The insurance industry will consider the accused to be a “high risk” and raise the insurance rates dramatically. This rate increase can last for many years or, possibly, for the remainder of the accused’s life.
In some situations, the State of Louisiana or the courts may require you to install an expensive ignition interlock device in your automobile. This device detects alcohol in your breath. It will not allow you to start the car or continue to drive it if the breath is not alcohol free.
Additionally, the accused may fail background checks performed by potential employers, the insurance company for the employers, regulatory agencies, college admissions, student loans, scholarships/ financial assistance, housing applications and rental companies (cars and landlords.). A D.W.I. arrest or conviction could affect current employment.
Another problem associated with being arrested is local news media outlets may publicize your arrest. Sadly, there are many bloggers who acquire arrest mugshots, biographical information and arrest information to post it in cyberspace. These shameless opportunists use an arrest to humiliate people. Then, they take advantage of an arrest by charging people to have their names and mugshots removed.
A D.W.I. arrest or conviction can and will cause a number of problems for years. As a trial lawyer with experience in these cases, Tommy Davenport can defend you in the criminal proceeding and protect your rights in the administrative proceedings.
If you’re looking for an effective and aggressive criminal defense attorney to fight for your rights, stand up for you and protect you in Rapides Parish or the surrounding areas, contact The Davenport Firm, APLC today.