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Steps You Should Take if You’re Involved in an Uber Accident

Uber, Lyft, and other ride-sharing services have become widely used in recent years. As a cheaper and more user-friendly alternative to taxi cabs, Uber has become the go-to service for a trip to the airport or a ride home when you’ve had a few drinks. The vast majority of Uber rides will result in arriving at your destination without incident. But what happens if your Uber driver gets into a wreck and you suffer an injury?

Uber and Lyft provide its drivers with third-party liability coverage up to at least $1 million per accident.¹ This means that if your Uber/Lyft driver is at fault, this insurance will cover liability for any damages to a third party such as the passenger. Uber also provides uninsured or underinsured motorist bodily injury coverage to its drivers. This covers any passenger in the vehicle when another driver is at fault, but that driver doesn’t have sufficient insurance coverage for your injuries. This coverage also applies to hit-and-runs where the at-fault driver is never identified.

So, if you are injured during an accident where your driver is at fault in Louisiana, both Uber and Lyft have a policy through the James River Insurance Company that covers your injuries for up to $1 million.² It is important that you contact a lawyer to ensure the proper party is sued.³ You don’t necessarily sue just the at-fault driver. Your lawyer would also send a letter to Uber and your driver instructing them to preserve evidence, requiring them to save all data or information related to your ride.

When another driver is at fault, you would first determine if the other driver’s insurance policy can cover your damages. If your injuries are serious and the other driver’s policy cannot cover the medical costs, then Uber and Lyft both have policies through the James River Insurance Company that could cover you up to $1 million.

If you get into a wreck while in an Uber, here are some recommended steps to follow that will assist your injury claims:

  •     Call 911 and take pictures of the wreck, including the license plates of all vehicles involved.
  •     Take down the names, phone numbers, and email addresses of any potential witnesses to the              crash.
  •     Write down the name of your Uber driver and the other driver.
  •     Take screenshots on your phone of the Uber ride and receipt.
  •     Finally, if you are injured or incur any medical bills, hire an attorney to handle your personal injury        claims.

We understand it might be intimidating to take legal action against a large corporate entity like Uber, but you are not alone. With the help of legal assistance, people hurt by negligent drivers have been successful in recovering damages from Uber and other rideshare companies.

 


[1]https://www.uber.com/drive/insurance/ https://help.lyft.com/hc/en-us/articles/115013080548-Insurance-Policy

[2]https://www.uber.com/newsroom/an-update-on-insurance/

[3]http://time.com/money/4851877/my-uber-got-into-a-wreck-can-i-sue/


The Downside of Bitcoin

Black Market + Money Laundering

An attractive feature of bitcoin is that while every transaction is transparent and public, the parties involved are anonymous.  If Party A transfers 3 bitcoin to Party B, they would only be identified by their bitcoin address or “public key.” A user’s “private key” serves as their signature or password and remains hidden.  However, no personally identifying information is necessary to complete the transaction.

Bitcoin was initially adopted by true believers of blockchain technology’s potential, but also by a less savory bunch.  Bitcoin’s anonymity and lack of regulation was enticing for criminals and those looking to fly under government radar.  Thus, bitcoin’s early days saw it become the lifeblood of the digital black market.  For several years, a criminal marketplace known as the Silk Road flourished on the “dark web.”  Before it was shut down in 2013, one could purchase illegal drugs, guns, child pornography, and even hire hit men.  During this time, 30% of all bitcoin transactions took place on the dark web, but now that number is down to 1%. Bitcoin was initially cheap and relatively stable, but this past year’s catapult to nearly $20,000 and subsequent volatility has led the criminal element to adopt other cryptocurrencies.  When the FBI shut down the Silk Road, they seized what is now worth $1.2 billion worth of bitcoin.

Increased government regulation is also making bitcoin less appealing for criminal transactions.  Most popular bitcoin exchanges now require identifying information to create accounts in order to comply with IRS regulations.  Although the public key may just be numbers without personal information, law enforcement has now developed methods of identifying users if necessary.

While criminal transactions using bitcoin have dropped, it is still an attractive option for money launderers.  New research shows bitcoin has led to a large upswing in money laundering.  Now that bitcoin is more mainstream, a growing number of real estate purchases are being made with bitcoin, offering ripe opportunities to convert illicit funds into legitimate assets and cash.  However, the law surrounding money laundering and bitcoin is still being settled, including whether it is subject to the same federal banking regulations as traditional currency.

 

Valuation 

Numerous factors make bitcoin an extremely risky investment.  Bitcoin was created out of thin air by computer code. Bitcoin has no underlying value, other than what people are willing to pay for it.  Its valuation isn’t tied to performance like a company’s stock price, but simply by the whims of market demand.

 Bitcoin’s recent roller coaster price changes have caught the attention of government regulators.  The wild west of bitcoin will likely soon be tamed by the Commodity Futures Trading Commission and the Securities and Exchange Commission.  The uncertainty about future regulation and its effects will continue to fuel bitcoin’s volatility.

Another major issue for volatility are the exchanges where bitcoin is bought and sold.  One of the most popular, Coinbase, has experienced severe growing pains since demand ballooned so quickly.  At the height of the recent bitcoin boom, the Coinbase exchange crashed several times due to the volume of trading occurring.  With huge price swings occurring by the minute, the inability to sell for hours at a time caused many to lose thousands of dollars.

 

Competition

Bitcoin was the trailblazer of the cryptocurrency world, but there are now thousands of other cryptocurrencies and blockchain platforms.  Bitcoin also only serves a specific function – transferring money. Bitcoin cannot be rewritten now to include added functionality that other cryptocurrencies have added, like “smart contracts.”  This inflexibility may hurt bitcoin in the long run.

 

https://www.forbes.com/sites/johnwasik/2018/03/21/how-new-ruling-will-curb-crypto-bitcoin-bubble/#699f9e42ae2b

http://fortune.com/2017/12/22/coinbase-bitcoin-crash/


Family Alleges University and Frat Ignored Known Hazing Traditions that Resulted in Son’s Death

Baton Rouge, La.,  August 16, 2018 – Today, the parents of Maxwell (Max) Gruver, the Louisiana State University (LSU) freshman who tragically died from alcohol poisoning as a result of hazing in 2017, filed a federal lawsuit against LSU, the local and national chapters of Phi Delta Theta, the housing corporation that owns Phi Delta Theta’s fraternity house at LSU, and members of the fraternity.  Max’s parents allege the hazing ritual that caused his death would never have taken place if LSU or Phi Delta Theta had responded appropriately to numerous complaints of hazing at Phi Delta Theta’s chapter at LSU in the years before Max’s death.

The Gruver family alleges in their lawsuit that LSU’s and Phi Delta Theta’s failure to end the tradition of hazing at the chapter was driven by a broken model of self-governance and outdated gender stereotypes about young men engaging in masculine rites of passage — in direct violation of Title IX’s prohibition of sex discrimination.  According to the family’s Complaint, because of LSU’s policy and practice of treating the hazing of male students less seriously than the hazing of female students, males participating in Greek Life face serious and substantial risks of injury and death, while female students pledging sororities do not.  LSU’s policy and practice meant that a sorority accused of hazing its pledges by making them sing songs and do sit-ups and putting whipped cream, syrup and eggs in their hair was given “Total Probation” by LSU – the most severe sanction LSU can impose, short of rescinding its recognition of the sorority – while Phi Delt’s chapter, which admitted to hazing in 2016, was only placed on interim suspension for a month.

“We refuse to accept that the events that caused Max’s death can be explained away as ‘boys being boys,’” said Mr. and Mrs. Gruver in a statement.  “That notion is deeply offensive and wrong-headed. LSU and Phi Delt knew dangerous hazing was taking place at Phi Delt’s LSU chapter for years, yet they continued to allow the chapter and its members to investigate and police themselves. This inaction allowed dangerous hazing traditions at the chapter to persist.  We’ve lost Max as result of those hazing traditions, and his loss has created a devastating impact that reaches not just us, but Max’s siblings, family, friends, and all who knew him.  Until institutions and national fraternities begin treating the hazing of young men as the serious offense that is, with real consequences for members and local chapters that engage in it, hazing and other dangerous misconduct at fraternities will continue.  And each year, more families like ours will have to suffer through these horrific tragedies.”

“Every year, and for decades, young men have died or suffered traumatic injuries pledging fraternities that are dangerous, yet glowingly promoted with false and misleading information by the partnerships between fraternities and universities,” said Douglas Fierberg, legal counsel for the Gruver family.  “A central purpose of this lawsuit is to compel LSU, Phi Delta Theta and other universities to eliminate dangerous hazing traditions, end the killing of young men, and stop lying to students and families who have the right to know information that may save lives.”

To learn more about this case and the Gruver’s fight to stop hazing, please visit The Max Gruver Foundation.


What is Bitcoin Anyway?

You’ve likely heard Bitcoin discussed on the news recently.  At one point, Bitcoin skyrocketed to $19,000 in a matter of weeks, only to plummet in value shortly thereafter (it’s valued around $8,000 as of 4/18/18).  It’s not unheard of for its value to fluctuate 20-30% daily. Bitcoin will likely remain a highly volatile investment as the general public, Wall Street, and world governments come to terms with it.  So what exactly is Bitcoin?

Bitcoin was invented in 2009 to be a new, purely digital currency (known as a cryptocurrency).  Satoshi Nakamoto developed bitcoin as a peer-to-peer electronic cash system allowing online payments to be sent directly from one party to another without going through a financial institution.[1]  Satoshi Nakamoto’s true identity is a mystery, as this name is widely believed to be a pseudonym.  Whoever Nakamoto is, he or she is a billionaire. When bitcoin’s value surged to $19,000, this anonymous owner of 980,000 bitcoins was worth $19.4 billion.[2]

What differentiates bitcoin from traditional currency is its decentralized design.  It is not created and distributed by a central authority, in the way the US Federal Reserve and other central banks mint and control their currencies.  The bitcoin system is maintained by an open network of computers spread around the world.[3]  Central banks can manipulate their currency’s value relative to others by controlling its supply.  Since Bitcoin isn’t controlled by a single entity, its value cannot be manipulated by fluctuations in supply.  The supply of bitcoin is tightly regulated by its underlying algorithm, only releasing a few bitcoin each hour.  People can “mine” bitcoin by using specialized computers to solve highly complex mathematical equations, which verify and authenticate each bitcoin transaction.  Bitcoin is the reward for performing this service, a self-sustaining incentive helping maintain the integrity of the bitcoin system.

The mechanism for recording each bitcoin transaction is also very unique.  A financial institution or bank maintains a ledger of all their client’s transaction records, likely stored on a centralized computer server.  However, every single bitcoin transaction is stored publicly on a massive, decentralized, and continuously updating digital ledger – collectively known as the “blockchain.”  After each encrypted transaction is authenticated (in the “mining” process), the record of that transaction is added to a “block” – which is comprised of other authenticated transactions bundled together.  That “block” is then added to the end of the existing “chain.”

As the “blockchain” continues building upon itself, you can’t go back and edit blocks in the chain to alter previous transactions.[4]  Tampering with the blockchain is nearly impossible.  To alter the target transaction, you’d have to change every single transaction that followed as well.  

There are certainly some problems bitcoin’s facing (discussed in The Downside of Bitcoin), but regardless of its success or failure, “blockchain” technology has immense potential (discussed in The Future of Blockchain).

 

 

[1] Bitcoin Whitepaper, https://bitcoin.org/bitcoin.pdf

[2] https://qz.com/1159188/bitcoin-price-approaches-20000-making-satoshi-nakamoto-worth-19-4-billion/

[3] https://www.coindesk.com/information/what-is-bitcoin/

[4] https://www.cnet.com/news/blockchain-explained-builds-trust-when-you-need-it-most/


New Ruling: Government Needs Warrant to Access Cell Phone Records

Keeping pace with technological changes, the Supreme Court ruled on June 22, 2018 that the government is now required to issue a warrant to obtain cell phone records containing cell phone tower location data, including other types of digital data that provides a detailed look at a person’s private life. However, the Court carved out specific exceptions, including bomb threats, child abductions, and other incidences when inaction could result in irreparable harm.  

The Fourth Amendment allows law enforcement to retrieve necessary records, including but not limited to, location data, cell phone records, bank records, etc. when probable cause is shown. The new ruling may slow down law enforcement’s capacity to turn over cases due to the new litigation required to access such records; however, the Court’s ruling is a significant victory for privacy rights advocates. Read more on the matter here.


How a Genealogy Company Helped Catch a Serial Killer

Police in California recently captured a serial killer that killed at least 12 people and raped dozens of women in the 1970s and 80s. Police were finally able to track him down using a genealogy website called GEDmatch. Users of GEDmatch can upload their results from companies like 23andme or Ancestry (which do the actual DNA sequencing) to locate distant relatives and create family trees. The police created a fake profile for the killer, uploaded his genetic profile and found a match with a female relative. After locating the man police believed was the killer, they waited outside his home to collect DNA from his trash. It is legal for police to surveil your house and take your garbage; you do not have Fourth Amendment protections from searches or seizures of trash that you leave on the curb. Once the DNA sample from the trash conclusively matched the DNA collected from a crime scene in the 1970s, police knew they had found the right person.

While it is undoubtedly a good thing this serial killer will be brought to justice, many have expressed concerns over the privacy and ethical issues these police tactics raise. In recent years DNA testing has become very popular for people to trace where their family originated. These services have also expanded to analyze DNA markers for particular diseases, or genetic traits showing susceptibility to certain types of cancer. However, it is unlikely that any of the consumers of these products envisioned that submitting their DNA would be used for their arrest or even a relative’s arrest. These companies and genealogists are worried that the police tactics and publicity from this case will scare people away from using these services in the future. 

However, the police acted within the law in this case. The website GEDmatch is a public, open-source site that anyone can use, so there is no reason law enforcement should be precluded from using it. Even though 23andme and Ancestry were not involved in this case, law enforcement could issue a subpoena or warrant to these companies to locate a suspect. Also, the FBI already has its nationwide DNA database that state and local law enforcement agencies use for investigations. After sequencing a DNA sample, police can upload it into this database for cross-referencing, to see if it matches someone already in the system.

It is foreseeable that law enforcement will continue to use methods like this to solve cold cases. Police are currently attempting to use the same method to identify the Zodiac Killer, another California serial killer case that has been cold for decades. There will always be privacy and ethical concerns when we willingly turn over our data to third parties. These companies may use data improperly, leave it insecure against hackers, or turn it over to law enforcement after receiving a subpoena or warrant. You may not be concerned about these companies or law enforcement having your DNA now, but it’s good to be mindful of how it may be used in the future.

  1. https://mobile.nytimes.com/2018/04/27/health/dna-privacy-golden-state-killer-genealogy.html?smid=tw-nytimes&smtyp=cur
  2. https://m.sfgate.com/business/technology/article/Use-of-DNA-in-serial-killer-probe-sparks-privacy-12868330.php
  3. https://www.fbi.gov/services/laboratory/biometric-analysis/codis/codis-and-ndis-fact-sheet
  4. https://apnews.com/ac6bb05bbe754dbfbaa57e0cfef5a878

What’s Driving Uber’s Pursuit of Driverless Cars?

On March 18th, a self-driving Uber car being tested in Arizona killed a pedestrian. The autonomous Volvo SUV struck a woman crossing the street outside of the crosswalk. There was a driver behind the wheel, but the car was in autonomous mode at the time of the accident. Uber began testing their Volvo SUVs in Arizona in February of last year. Uber is also testing its autonomous fleet in Pittsburgh, San Francisco, Toronto, and Phoenix. After this accident, Uber suspended the self-driving testing in all of these cities.

The economic potential that autonomous vehicles represent has triggered a high-stakes competition between Uber, Google, Apple, Tesla, and major car manufacturers. These massive companies are in a race to be the first to achieve true autonomy, and are throwing loads of money at solving the problem. The company that finds a solution first stands to gain a significant market advantage over everyone still catching up. Truly autonomous vehicles could wipe out the trucking industry, taxi industry, and delivery industry in one fell swoop. Full automation of the $719 billion trucking industry could result in labor cost savings of about $300 billion. Thus, there’s a huge economic incentive for eliminating human drivers.

This heated competition has triggered lawsuits. Google’s Waymo sued Uber, alleging theft of trade secrets. A week into trial, Waymo and Uber reached a settlement, but the lawsuit resulted in some dirty laundry being aired out. The discovery process revealed the internal communications of these companies, shedding light on the mindsets of top executives. A win-at-all-costs mentality and desperation about coming in second was evident between both companies. Emails between Uber executives revealed their desire to “take all the shortcuts we can” because they saw it as “a race we need to win, second place is the first loser.”

Between 2014-2016, about 37,000 people died in car crashes each year. Part of the push for driverless cars and trucks has been increased safety and fatality reduction. Proponents of autonomous vehicles argue that a computer will make far fewer errors than human drivers, considering computers will not get distracted by phones, get tired, get drunk, etc. However, the Waymo-Uber trial inadvertently revealed that Uber’s motivation lies in achieving market dominance.

Additional fatalities are likely to happen as this technology proliferates and becomes more common, but any PR spin from Uber about its commitment to safety may ring hollow due to the short-cut strategy endorsed by its executives. More importantly, Uber will face massive legal liability for wrongful deaths and injuries if plaintiffs show safety concerns were ignored in pursuit of winning the race.

Uber is fully aware of this potential liability. From a cynical perspective, it’s possible that Uber believes the profits they stand to gain from winning will dwarf wrongful death and personal injury losses by so much that shortcuts are worth it. Thus, paying for fatalities and injuries may just be a cost of doing business in Uber’s quest to dominate the autonomous car market.


How Tech Caught the Austin Bomber

For three weeks in March, a serial bomber terrorized Austin, Texas. Mark Anthony Conditt killed two people and injured several others. The manhunt gripped the nation, drawing comparisons to the search for the Unabomber, Ted Kaczynski, who eluded capture for decades until the FBI caught him in 1995. However, technology has improved dramatically since the ’90s and played a central role in quickly ending the Austin bomber’s reign of terror.

 

Surveillance Footage and ALPR Cameras

The first three bombings were from packages left on a doorstep by the bomber. The bomber used a tripwire for the fourth bombing. The bomber’s final attempted method was mailing a bomb through FedEx, which exploded at a sorting facility near Austin. Authorities tracked it back to the drop-off location at a FedEx retail store. Surveillance footage captured the bomber dropping off the package in disguise, as well as the license plate number of his vehicle.

Police were likely able to track the direction the vehicle went, or where it had been in the past, using what’s known as Automated License Plate Readers. Austin, like many big cities around the country, uses ALPRs. They’re similar to red light cameras, but you won’t see them unless you know where to look. ALPRs are high-speed camera systems typically mounted on light poles, traffic lights, overpasses, and squad cars, which can change locations. They capture the license plate of every single passing vehicle, which is then uploaded into a searchable database. With ALPRs placed sporadically throughout a city, police can piece together the movements of a suspect’s vehicle.

 

Cell Phone Tracking

Prior to catching the bomber on camera at the FedEx store, law enforcement tried to track down the suspect using the cell towers near the bombings. Law enforcement can issue a search warrant for a “tower dump” to provide historical records of all traffic on certain cell towers on specific dates. The FBI’s cellular analysis survey teams sorted through a vast amount of data from the cell towers and were able to zero in on the phone numbers that showed up repeatedly at each of the bombing sites.

However, once police obtained the bomber’s license plate, they were able to link that plate to his cell phone number. Then they could issue a search warrant to the phone provider for a detailed record of the cell towers his phone connected to in the past. Police could also issue a warrant to track the phone’s current location using cell tower triangulation. “Pinging” the phone reveals the three towers surrounding the target; calculating distances from each of the towers allows investigators to pinpoint a precise location.

A more powerful (and more controversial) tool used by the FBI is known as a “Stingray” device. A Stingray acts as a “cell-site simulator” or a fake tower, forcing all cellular devices in the area to connect to it. The device can fit in the trunk of a car, allowing law enforcement to drive around an area looking for a particular phone. It’s controversial because every other innocent phone in the area has its data scooped up as well.

 

Google Search History

Law enforcement obtained a search warrant for the bomber’s Google search history, revealing searches they found suspicious, as well as searches of other addresses in Austin.  Police were also able to track down store receipts of common household items he used to make the bombs, further confirming their belief that Conditt was the bomber.

 

Conclusion

Using all of these tools, police tracked Conditt’s location to a hotel outside of Austin. Police and federal agents gathered around the hotel awaiting more backup when Conditt got in his vehicle and drove away. Police followed and forced him to stop on the side of the interstate.  As a SWAT team approached his vehicle, he detonated a bomb, killing himself. Technology can often be over intrusive, but it certainly deserves much of the credit for quickly neutralizing this serial bomber.

 

  1. https://www.cnn.com/2018/03/22/us/austin-explosions-investigation/index.html
  2. https://www.eff.org/pages/automated-license-plate-readers-alpr
  3. https://www.usnews.com/news/business/articles/2018-03-22/ap-explains-how-a-phone-may-have-steered-hunt-for-bomber
  4. https://www.nbcnews.com/news/us-news/trail-austin-bombing-suspect-combined-high-tech-old-fashioned-techniques-n858791
  5. Order under 18 U.S.C. § 2703(d) (Stored Communications Act (SCA), 18 U.S.C. § 2701 et. seq.)
  6. Order under “Hybrid” authority of the SCA and the Pen / Trap Statute, 18 U.S.C. §§ 3121–3127
  7. http://www.abc.net.au/news/2018-03-22/how-a-phone-steered-the-hunt-for-texas-parcel-bomber/9576040
  8. https://www.statesman.com/news/breaking-austin-bombing-suspect-dies-police-close-official-says/KZmUAGvKlNazDr31EzeUzI/

Don Cazayoux Joins Branden Fremin on an Interview With Jim Engster

Recently, Cazayoux Ewing partner and Former US Attorney Don Cazayoux had the pleasure of joining current US Attorney Brandon Fremin on Talk Louisiana with Jim Engster. The two discuss the challenges and responsibilities of the US Attorney office and its role in Louisiana’s Middle District. Listen in to hear Don and Brandon answer federal law enforcement questions from the community and share their thoughts about cracking down on drug-related crime in Baton Rouge. Click here to listen to the show! 


LOUISIANA’S 2017 CRIMINAL JUSTICE REFORM PACKAGE

Louisiana holds the unfortunate title of having the highest incarceration rate per capita in the world.¹  Being the number one incarcerator takes a toll on the state’s resources; Louisiana spent $625 million on adult corrections in 2017.²  With the hope of shedding that ranking and its associated costs, the Louisiana legislature passed a sweeping criminal justice reform package, which Governor John Bel Edwards signed into law.  The amended criminal laws aim to decrease our prison population and government spending, primarily by:

  • Reducing sentences and probationary periods for certain crimes
  • Easing eligibility requirements for drug court, reentry programs, probation, or suspension of sentence
  • Reducing sentencing enhancements for habitual offenders
  • Changing the calculation of “good time” credit for prisoners

Sentencing Guidelines

The justice reform package changed the sentencing guidelines for many non-violent felonies.³  Several of the maximum sentences were reduced and some mandatory minimum sentences were eliminated.  A few examples:

  • The mandatory minimum sentence for “Felon in possession of a firearm” was reduced from 10 years to 5 years.
  • “Money laundering” more than $100,000 was reduced from a 5 – 99 year sentence to 2 – 50 years.
  • The maximum sentence for “Unauthorized use of a motor vehicle” was reduced from 10 years to 2 years.
  • Simple arson no longer has a mandatory minimum sentence of 2 years, with a new sentencing range of 0 – 15 years.

Louisiana’s “Theft” statute bases the severity of punishment on the value of the property stolen. The new law adjusted the dollar value ranges, making some of the penalties more lenient.⁸  For example, a theft under $750 formerly resulted in a zero to six month sentence (misdemeanor) and anything more than that amount was a felony.  Now, the misdemeanor/theft threshold has been raised to $1,000.  Other similar statutes that use this dollar amount threshold followed the same pattern: issuing worthless checks, residential contractor fraud10, access device fraud11, and organized retail theft12, to name a few.

Probation, “Good Time,” and Parole

The changes to the criminal code expanded the ability of judges to suspend a sentence for certain crimes, placing the defendant on probation rather than in prison.13  Defendants charged with drug-related crimes are now eligible for substance abuse probation programs.  Also, entry into the drug division probation program was expanded to permit defendants charged with a crime of violence, as long as the crime was not against a family member or dating partner and does not carry a maximum sentence over 10 years.

Inmates will now earn “good time” more easily, which is a way for them to earn credit toward an earlier release from prison.  For non-violent and non-sex offenses, the new changes increase “good time” to a rate of 13 days for every 7 served, or an extra 130 days annually shaved off their sentence.  Certain inmates can reduce their prison time by participating in educational programs, drug programs, and work programs.

The new law changes the time the defendant must serve prior to becoming eligible for parole. Now, for non-violent crimes and non-sex offense crimes, defendants are parole eligible once 25 percent of their sentence has been served, including those sentenced as a non violent habitual offender.  Upon a first conviction for a crime of violence, a defendant with no prior sex crime convictions will be eligible for parole once 65 percent of the sentence is served.

Sentencing Enhancements for Habitual Offenders

Due to Louisiana’s habitual offender statute, a defendant convicted of a felony can receive a significantly enhanced sentence if they have a prior felony conviction.  Those enhancements are no longer quite as harsh.14  The mandatory minimum sentences have been reduced.  Also, for certain felonies, the “cleansing period” has been shortened from 10 years to 5 years.  The “cleansing period” means that after a certain amount of time has passed, prosecutors can no longer use a defendant’s previous convictions against him.

Conclusion

This article is merely a brief overview of what Louisiana’s criminal justice reform package entails.  The changes made to our criminal statutes were vast, but also highly specific depending on the crime. The date when certain aspects begin to take effect and to whom they apply will also vary person to person.  If you believe these changes may affect the charges you or a loved one face, or if they may affect your sentence or probation, do not hesitate to contact the Cazayoux Ewing Law Firm.  As former federal prosecutors, these experienced attorneys understand the nuances of the changes to our criminal law and will provide you with a tailored analysis of your situation.

 


[1] http://www.nola.com/politics/index.ssf/2017/05/louisiana_incarceration_rate.html

[2] http://www.washingtontimes.com/news/2017/mar/16/louisiana-has-the-highest-incarceration-rate-in-th/

[3] Act 281/S.B. 220, 2017 Regular Session – http://www.legis.la.gov/Legis/ViewDocument.aspx?d=1051860

[4] (La. R.S. 14:95.1) – http://www.legis.la.gov/Legis/Law.aspx?d=78740

[5] (La. R.S. 14:230) – http://www.legis.la.gov/Legis/Law.aspx?d=78382

[6] (La. R.S. 14:68.4) – http://www.legis.la.gov/Legis/Law.aspx?d=78631

[7] (La. R.S. 14:52) – http://www.legis.la.gov/Legis/Law.aspx?d=78556

[8] (La. R.S. 14:67) – http://www.legis.la.gov/Legis/Law.aspx?d=78605

[9]  (La. R.S. 14:71) – http://www.legis.la.gov/Legis/Law.aspx?d=78645

[10] (La. R.S. 14:202.1) – http://www.legis.la.gov/Legis/Law.aspx?d=508538

[11] (La. R.S. 14:70.4) – http://www.legis.la.gov/Legis/Law.aspx?d=78642

[12] (La. R.S. 14:67.25) – http://www.legis.la.gov/Legis/Law.aspx?d=451833

[13] Act 280/S.B. 139, 2017 Regular Session – http://www.legis.la.gov/Legis/ViewDocument.aspx?d=1051859

[14] Act 282/S.B. 221, 2017 Regular Session – http://www.legis.la.gov/Legis/ViewDocument.aspx?d=1051861

 

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