Home Areas of Practice  Firm Profile  Attorney's Blog  Contact & Directions

Attorney's Blog

Attorney's Blog


 
DWI as an Enhanceable Offense - Posted 11/06/2015

DWI in Louisiana is an enhanceable offense, which means that a later conviction for the same crime will lead to a harsher sentence. The second DWI conviction will have harsher penalties than a conviction for a first offense DWI, and third offense DWI is a felony.

Another enhanceable offense is possession of marijuana. A first offense possession is a misdemeanor offense in Louisiana, and like a DWI 1st, will not typically result in jail time.  A second conviction for possession of marijuana will have harsher penalties than a first conviction, including felony status and possible jail time.

Due to the harsh nature of offenses like DWI or certain drug charges, it is very important to have an attorney representing you at every state of the process.


The Consequences of Refusing a Breathalyzer in Louisiana - Posted 11/06/2015

Louisiana has what we call "implied consent laws”, which require you to take a chemical test by way of blood, breath, or urine to determine your blood alcohol content. Implied consent laws say that by just driving on the road, you are agreeing to take a chemical test to assess your blood alcohol content.  If you refuse to take a chemical test in Louisiana, your license will automatically be suspended for one year.  However, there are several ways that the automatic license suspension can be avoided.  If an administrative hearing is requested within fifteen (15) days of your arrest, the suspension is delayed until the hearing, and the suspension can be lifted if you can proove at the administrative hearing that the officer did not have probable cause for the traffic stop.  You can also obtain a hardship license in certain instances, which will allow you to drive but require an interlock device be installed in your car during the suspension period.  It is important to have an attorney represent you at every state of the proceedings, including immediately after your arrest.


Grandparent Visitation - Posted 09/30/2015

It used to be that Grandparents could only seek court ordered visitation of their grandchildren if their own child, the parent of the grandchild, was either deceased, incarcerated, or interdicted.  At that time, the law presumed that grandparents would have access to their granchildren through their child.  It is now a bit easier for grandparents to seek court ordered visitation of their grandchildren.  Presently a grandparent only needs to show that visitation with their granchild will be in the best interest of the child.  Other relatives such as an aunt or uncle may seek visitation from the court but they have a high burden of showing that extraordinary circumstances exist in addition to showing that visitation will be in the best interest of the child.

If you want to seek visitation of a grandchild or a child with whom you are related to by blood or marriage, feel free to give me a call.

 


  • For more information email us at: llslawfirm@yahoo.com

  • Possession and Use of Family Residence - Posted 04/27/2015

    One question often asked is “who has to move” when parties are getting a divorce.  Oftentimes, both parties want to remain in the home.  The simple answer is the court will decide which party can have use of the home during the divorce process, and that decision is made by the Judge in the best interests of the family.  Plus, usually the parent who is granted custody of the children is awarded the use of the home until the divorce is granted and perhaps thereafter.

    It is important to know that in the State of Louisiana a person cannot forced to remain a co-owner of immovable property, that is cannot be forced to own a home with someone else if they don’t want to.  Thus, divorcing parties either decide to sell the home or one parent must buy out the other parent’s interest in the home.


  • For more information email us at: llslawfirm@yahoo.com

  • Louisiana Child Support - Posted 04/27/2015

    “You may wonder how much child support will I pay?”  Louisiana has “Child Support Guidelines”, which sets forth the monthly child support amount depending on the gross income of both parents and the number of children.  The concept for the guidelines is that the children should not suffer from the breakup of the parents and the children should enjoy the same lifestyle they would have had if the parents were to remain together.  Thus, the income of both parents is taken into consideration and the child support increases as the level of combined income increases.  The parents share the guideline amount in proportion to their own income.

    For example, if the children live with the mother and the father earns $50,000.00 and the mother earns $25,000.00, the father will pay the mother 2/3rds of the guideline amount (parents combined income is $75,000.00 and the father’s $50,000.00 is 2/3 of that amount).

    The basic monthly child support covers food and shelter.  Other expenses, such as health insurance, daycare, uninsured medical expenses (medical expenses not covered by insurance), are also shared by the parent in their proportional share.

    It is important that you have an attorney when child support is being assessed because once there is a court order for child support there needs to be a change in circumstances to modify that order.  If you go to court without an attorney and do not agree with the outcome, you cannot get it changed simply because you did not have an attorney at that time.

    There are many factors that affect child support, suspension of child support and certain instances, when child support ends.  Please contact our office if you need an attorney for a child support matter.


  • For more information email us at: llslawfirm@yahoo.com

  • Relocation, i.e. - Posted 04/27/2015

    Many people wonder whether they can move away from the other parent.  Louisiana has a "Relocation" statute that explains when a parent can move without the other parent's permission, and when the other parent's permission is needed.  If the other parent's permission is necessary and that parent objects to the move, the parent wanting to relocate must file an action with the court and show that the move is in the best interest of the child.  The relocation statute sets forth the factors that the court looks at to determine whether the move would be in the child's best interest.

    Basically, the parent with primary custody can move anywhere within 75 miles or less from the child's principal residence without requiring permission from the other parent or the court.  If a parent wants to move more than 75 miles away, they must first send a notice to the other parent by certified mail stating that they want to move, where they are moving, why they are moving, and a proposed visitation schedule for the other parent.  The other parent has 30 days to object to the move in writing.  If the other parent does not object, then the parent with primary custody can move.  If the other parent objects then the parent wanting to move needs to file an action with the court and attempt to get the court's permission to relocate.

    The full statute is found at La. R.S. 9:355.

    For more information, you can email us at llslawfirm@yahoo.com

     

     


    Basic Facts of Louisiana Divorce - Posted 02/25/2015

    Although divorce is surely an emotional time, the legal process is a fairly simple one.  A Petition for Divorce is filed and after certain time periods a Judgment of Divorce is presented to a Judge for signature.  If there is no adultery or domestic violence, all the parties have to do is live separate and apart for either 6 months (no children) or 1 year (with children) to qualify for obtaining a divorce.  There are financial considerations for when the divorce petition should be filed, because the filing day will end the community property regime.  I will assist you in determining what is best for you.  If your spouse has committed adultery, a divorce can be obtained more quickly without having to live separate and apart for any period of time, however, be aware that the adultery must be proven with very specific evidence.  A recent change in the law also allows divorce more quickly if a spouse has been proven to have committed domestic violence.

    Unless there are other issues that need to be resolved by the court (children, community property, spousal support, etc.), the divorce itself can be obtained without either party stepping foot in the courthouse.


  • For more information email us at: llslawfirm@yahoo.com

  • Information Request
    Name*:
    Email*:
    Phone*:
    Describe information requested:


     

     
    Linda L. Stadler
     Attorney at Law - APLC
     2895 Highway 190, Ste 204
     Mandeville, LA, 70471
    Phone 985.727.6771        Home
    Areas of Practice 
    Firm Profile 
    Attorney's Blog 
    Contact & Directions
    ©Copyright 1996-2017, Linda L Stadler, Attorney. All rights reserved. Information subject to change without notice. 
    Powered by iNET RealTime