Criminal Law Information

Have you been charged with a crime? Get legal help now.

If you have been charged with a criminal offense such as a DWI/DUI or drug crime, the state of Louisiana will use all of its criminal justice resources to try to convict you and to put you behind bars. You need an experienced, aggressive criminal defense attorney on your side to make sure your rights are protected and your best interests are served. I am Vincent J. Lobello, and I have guided many clients through difficult cases. I have the experience and know-how to help you pursue a positive outcome.

Please examine the following information on criminal law and contact me at any time to discuss your case.

Vincent J. Lobello, Attorney at Law
118 Village St., Suite B
Slidell, LA 70458
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Phone: 985-643-8022
Fax: 985-643-8767

Attorney Vincent J. Lobello provides high-quality legal representation in cases of DWI/DUI, drug crimes, personal injury and Admiralty & Maritime Law to residents of Slidell, Covington, Mandeville, New Orleans, St. Tammany Parish, and the North Shore of Lake Pontchartrain in Louisiana.

Our criminal-justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal-defense lawyer as early in the process as possible, preferably even before questioning or investigation. A skilled attorney can fight for your legal and constitutional rights. Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.

Criminal Liability

Historically in our criminal-justice system, two things must have been present for criminal liability to attach to an action. First, a person must have the intent to take the criminal action. Traditionally this culpable state of mind was called mens rea, Latin for guilty mind.

The second requirement for criminal liability is actus reus, Latin for guilty act. The prohibited physical event must take place in combination with the requisite criminal intention for the actual commission of a crime to take place.

In other words, it is not a crime to only think about committing a crime nor is it generally a crime to cause a criminal deed without the intention to do so.

Due Process

As the concept of criminal liability suggests, our criminal-justice system is complex, both conceptually and procedurally. To ensure the fairness of the proceedings, each court system has its own rules of criminal procedure that govern the actions of all players - police, defense lawyers, prosecutors, judges and juries.

The US Constitution requires that criminal defendants be accorded due process of law in all proceedings against them. Broadly this means that throughout the criminal process the rules of criminal procedure must be observed with all constitutional protections in place. Due process requires such things as reasonable notice of proceedings and fair hearings when facing substantial negative consequences, such as incarceration.

Plea Bargaining

Sometimes a criminal defendant and the prosecution can negotiate an agreement that resolves the criminal matter. Usually, the prosecutor agrees to reduce a charge, drop some of multiple charges or recommend a more lenient sentence in exchange for the defendant's guilty plea, often to a lesser offense or to fewer than all offenses charged. A seasoned criminal-defense attorney can be a real advantage to a criminal defendant throughout the plea-bargaining process.

Sentencing

Many negative outcomes flow from a criminal conviction. First, the court will impose a sentence, which commonly may include incarceration, fines, court costs, restitution, probation or, in some jurisdictions, death. Second, a criminal conviction may result in more indirect effects like stigma or estrangement from family, friends or professional colleagues. A person with a criminal record may have trouble with employment, insurance, credit or housing. He or she may lose or become ineligible for professional licenses, welfare benefits or firearms. Because of the potentially devastating consequences of a conviction, it is in the best interest of a defendant to have a strong, experienced attorney at his or her side to fight to preserve legal and constitutional rights every step of the way.

Conclusion

To better protect yourself throughout your involvement with the criminal-justice system, consult with an informed, knowledgeable criminal-defense attorney. Your lawyer can work hard on your behalf to see that protections afforded criminal defendants are preserved for you.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Although some criminal defendants think that they can beat the system on their own, having an experienced criminal-defense attorney on your side gives you a better chance of preserving your legal rights.

Criminal-Defense Resource Links

Equal Justice, USA
"Capital Defense Handbook For Defendants and Their Families" provides information and advice about death-penalty cases from the defense point of view.

ACLU: Prisoners' Rights
Resource provided by the American Civil Liberties Union with information on national and state efforts to recognize and protect prisoner's rights.

Justice Denied
"Justice Denied" is a magazine devoted to helping people who have been wrongly convicted of crime in the US and internationally.

The Sentencing Project
A national leader in the development of alternative sentencing programs and in research and advocacy about criminal-justice policy.

Prison Policy Initiative
The Prison Policy Initiative conducts research and advocacy about incarceration and criminal-justice policy.