Criminal/DWI
STATE OF LOUISIANA vs. Me or My Loved One
How We Can Help
In America, every person accused of a crime is innocent until proven guilty. This is the foundation upon which our criminal justice system is built. Both the Louisiana and United States Constitution require the Government prove its case.
From the start of your case, the Forrest, Cressy & James attorneys demand that the prosecution prove its case beyond a reasonable doubt and invoke all potential defenses that are available.
We challenge illegal search and seizures, unlawful warrants, unreliable witness testimony, and other procedural and evidentiary aspects of your charges. Every move we make is geared toward putting you in the best position possible.
You Cannot Afford To Wait
Contact the firm immediately so we can evaluate your situation, advise you of your options,
and begin preparing the strategy best suited to your situation.
Lawyer Up
"I got a DUI or DWI, what do I do now?"
A DUI or DWI conviction can adversely affect almost every aspect of your life and can have serious and lasting consequences.
Once you are arrested for DUI/DWI your license will be suspended unless you act quickly. The length of the suspension depends on the circumstances of your arrest. Worse, just the mere fact that you were arrested for DUI or DWI could impact your job opportunities and insurance rates.
If you’ve been arrested for a DUI, the attorneys at Forrest, Cressy & James can advocate for your rights and help you fight for a favorable result. As a former public defender, attorney Nicholas V. Cressy has thousands of hours of court room experience and developed the necessary skills required to challenge the prosecution’s evidence and build a strong defense against the most difficult drunk driving charges. We protect your rights with vigor and experience. Call today (504) 605-0777.
LOUISIANA'S DRIVING WHILE INTOXICATED
STATUTE AND PENALTIES
Under the Louisiana revised statute 14:98, you may be considered to be driving under the influence if you are driving with a blood alcohol concentration (BAC) of 0.08 percent or more or if you are impaired due to ingesting illegal or prescription substances.
However, even if you have a BAC that is under 0.08, you may still be considered to be under the influence if you are driving and are negatively affected by drugs or alcohol.
Louisiana law prescribes mandatory penalties for DUI. Depending on the unique factors of your case, these penalties can include thousands of dollars in fines and/or jail time.
Offense
First DUI (Misdemeanor)
Second DUI (Misdemeanor)
Third DUI (Felony)
Fourth (Felony)
Jail Time
Fine
Community Service +
Driver License/
Interlock Device
48 hours to six months
48 hours to six months
1 to five years
10 to thirty years
$300 to $1,000
$750 to $1000
$2000 +
$5000 +
30 - 62 hours + probation
30 days + probation
30 days + treatment
40 days + home incarceration
90 Day Suspension
One-Year Revocation/
Interlock Device if BAC under .02%
One-Year Revocation/
Interlock Device if BAC under .02%
Thirty-Year Revocation
Defending Your Case Begins with Challenging the Stop— The Fourth Amendment of the United States Constitution and Article I, Section 5 of the Louisiana Constitution prohibit unreasonable searches and seizures. Warrantless searches and seizures are unreasonable per se unless justified by one of the specific exceptions to the warrant requirement. Understanding the nuances of these exceptions, how they impact your Rights, and how to apply them to your case is critical. The attorneys at Forrest, Cressy & James, LLC understand that defending a criminal starts with defending the Constitution
Itself.
Challenging the Evidence— Law enforcement uses tools such as a breath test and roadside sobriety tests to establish probable cause to arrest you for drunk driving and to collect valuable evidence against you. To develop a strong defense, attorneys challenge:
Our Strategy:
Get In The Way
THE ACCURACY AND RELEVANCY OF THE BREATH MACHINE RESULTS
THE ADMINISTRATION AND INTERPRETATION OF FIELD SOBRIETY TESTS
SUBJECTIVE OBSERVATIONS MADE BY LAW ENFORCEMENT OFFICERS
PROBABLE CAUSE FOR YOUR TRAFFIC STOP, INCLUDING UNLAWFUL SOBRIETY CHECKPOINTS
Drug Arrest
Forrest, Cressy & James, LLC asserts creative, aggressive representation in the Louisiana justice system. Partner Nicholas V. Cressy, a former public defender, makes sure our team never stops fighting for justice in the Louisiana system.
Every year in Louisiana, thousands of people are convicted of drug crimes. State and federal prosecutors aggressively pursue drug charges, whether “simple” possession or more serious crimes, such as manufacturing, dealing or trafficking. The government’s “war on drugs” has resulted in nonviolent criminals being jailed for long sentences, often without receiving the treatment they need to overcome dependency and mental illnesses. Upon release, the addiction or mental illness is still intact and therefore, they are likely to offend again, resulting in a high recidivism rate.
Forrest, Cressy & James takes a holistic approach to advocacy to help end this cycle. This means more than just showing up to court. This means going the extra mile. For some clients this includes helping them or their families find treatment and addiction counseling.
If you are arrested for a drug crime, you may have several options, but you need to act quickly to protect your rights. We often work with the families of juveniles and represent students whose futures are placed in jeopardy because of a moment’s indiscretion or a substance addiction. Our attorneys at Forrest, Cressy & James, LLC will aggressively fight the outdated sentencing of defendants accused of drug possession. Call us today (504) 605-0777 so we can evaluate your situation, advise you of your options, and begin preparing the strategy best suited to your situation.
Drugs are divided into five categories based on their accepted medical uses and potential for abuse and dependency, with Schedule I considered the worst offenses carrying the harshest penalties and Schedule V considered less dangerous and more medically necessary. The Drug Enforcement Administration (DEA) schedule includes:
Drug Schedules:
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Schedule I: Heroin, LSD, MDMA, Marijuana
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Schedule II: Cocaine, methamphetamine, methadone, hydrocodone, oxycodone, OxyContin, fentanyl, Dexedrine, Adderall, Ritalin, PCP, Vyvanse
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Schedule III: Ketamine, anabolic steroids, testosterone and smaller amounts of hydrocodone and codeine in combination pharmaceuticals
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Schedule IV: Xanax, Soma, Klonopin, Darvon, Darvocet, Valium, Ativan, Tramadol and Ambien
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Schedule V: Lyrica, Propylhexedrine (decongestant) and low dosages of codeine in cough preparations
What Forrest, Cressy & James Can Do To Protect Your Rights
An experienced criminal defense attorney can help you determine whether you have any viable defenses to the drug charges you are facing. These defenses may include:
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Lack of probable cause for the initial stop and/or arrest
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Whether the search or seizure was legal
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Whether the police satisfied the requirements for a search warrant
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Whether the police satisfied chain of custody for any evidence that they seized when you were arrested
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Whether the police lab properly administered tests
Drug Charges:
POSSESSION OF MARIJUANA
POSSESSION OF A CONTROLLED SUBSTANCE
POSSESSION WITH INTENT TO DISTRIBUTE
DRUG TRAFFICKING
PRESCRIPTION DRUG CHARGES
Protecting Your Rights
Our drug defense attorneys are meticulous in their review of arrest circumstances, pursue exculpatory evidence, review the Government’s alleged “evidence” and attack the credibility of the prosecution’s witnesses.
We will fight your charges when warranted, but will also work to negotiate the most favorable plea agreements possible if in your circumstance that will provide a more favorable result.
Juvenile Arrest
People of all ages commit crimes, but the effects on those under the age of 17 can be especially devastating. What happens to your child at a young age could lead to consequences that negatively impacts a young person’s life. The Louisiana Children’s Code was drafted to combine all the laws affecting juvenile court jurisdiction. While juveniles are generally subject to the same laws as adults, the court procedure can be different. It is important that you hire your child an attorney experienced with the Children’s Code and its procedure.
Louisiana attorney Nicholas V. Cressy served on the Public Defender’s Juvenile Defense Conflict Panel and is experienced in Louisiana’s juvenile justice system.
Call Forrest, Cressy & James, LLC today at (504) 605-0777 to find out how attorney Nicholas V. Cressy can help your family in the face of destructive juvenile criminal charges.
We aggressively push for
non-incarceration options
that can include:
COMMUNITY SERVICE
PROBATION
COUNSELING
REHABILITATION
OTHER TREATMENTS
The
First Step
To protecting your child’s future is to seek proper representation. Experience, skills, and legal knowledge can make a significant difference in every case. The Forrest, Cressy & James, LLC combines legal savvy with aggressive advocacy to bring you proven counsel from start to finish. Trust in a team with an excellent reputation for obtaining effective results in juvenile defense matters. Call or email us to schedule your free consultation.