Did The Police Enter Your Home Without A Warrant?

United States Constitution 4th and 14th Amendment along with the Louisiana Constitution protects the right to privacy.
Art. 1 Section 5. Every person shall be secure in his person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy. No warrant shall be issued without probable cause supported by oath or affirmation, and particularly describing the place to be searched, the persons or things to be seized, and the lawful purpose or reason for the search. Any person adversely affected by a search or seizure conducted in violation of this Section shall have standing to raise its illegality in the appropriate court.

In order to invoke the exclusionary rule on a claim of unreasonable search and seizure, the defendant must show that the state invaded his privacy. This expectation to privacy is based on whether society is willing to regard such expectation as reasonable.
GPOL: Generally, warrantless searches are unreasonable, unless the search falls within the exceptions.......
For more information contact Attorney Winters @ 225.284.8762 or anthony.winters@us.army.mil

Were You in An Automobile Accident?

Accidents. We all dread them. They not only injure you physically and destroy your property, but they also take you away from your normal life prior to the accident. You are forced to attend rehab services and other medical care in order to be made whole. Nonetheless, an inescapable fact of life is that serious personal injuries happen. When they do, it's important to know and understand your legal rights. You could be able to recover for:

Damage to your car or personal property
Compensation for psychological damage
Loss of past and future income
Medical expenses for the past and for the future
Pain and Suffering
Loss of amenities of life
Loss of Consortium

If you are in an automobile accident, these are a few steps to follow to make the ordeal less confusing.

1. Check to see if anyone needs medical attention
2. Contact the police
3. Take picture of the accident scene
4. Exchange insurance information
5. Call Attorney Winters at 225.284.8762

Are You A Mobilized Reservist?

If you're a reserve component service member called to active duty, you're protected by a law that can save you some legal problems and possibly some money as well. Under the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, you may qualify for any or all of the following:

• Reduced interest rate on mortgage payments.
• Reduced interest rate on credit card debt.
• Protection from eviction if your rent is $1,200 or less.
• Delay of all civil court actions, such as bankruptcy, foreclosure or divorce proceedings."

Therefore, if you are mobilized or are about to be mobilized, contact your creditors and or landlord and inform them of your deployment in order to save some money... For more information contact anthony.winters@us.army.mil

Are You Considering A Divorce?

DIVORCE
Divorce in Louisiana requires that you are a resident of the state. There are four grounds upon which to obtain a divorce in Louisiana: Living separate and apart after filing the petition, living apart before filing the petition, adultery, and commission of a felony. Read our detailed legal summary of Louisiana including grounds, residency, child custody, child support, alimony, mediation, property, settlement agreements, and annulments.
Domicile
If you seek to file a divorce in Louisiana, it is important to be aware of the residency requirements prior to filing for your divorce. In order to file for divorce you must be a resident of Louisiana. The papers for dissolution of marriage must also be filed in a parish where either of the spouses resides, or the parish of the last place the couple lived together.
Grounds
There are four grounds upon which a divorce in Louisiana can be obtained.
Living separate and apart after filing of petition.
Once a petition for divorce is filed, if the parties remain separate and apart without reconciliation, either spouse may ask the court for a divorce 180 days after the petition for divorce was served or a written waiver of service was filed in the record.The 180-day waiting period requirement cannot be waived. The action can be defeated if there is reconciliation between the parties, in that, they resume living together with a mutual intent to resume the marriage at any time during the waiting period. Certain procedural formalities are required.
Living separate and apart before filing of petition.
If the spouses have lived separate and apart, continuously and without reconciliation, for six months or more, either spouse may file a petition for divorce.
The other spouse commits adultery
Adultery on the part of the other spouse is grounds for an immediate divorce; there is no required waiting period. The burden of proof is on the party alleging the adultery and is very strict. Corroborative testimony is normally required and it must be proven that the other spouse engaged in sexual relations with another person.
Conviction of a felony.
If the other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor, a petition for divorce can be filed. The facts of conviction and sentencing are the only proof requirements; appeals and actual serving of the sentence are immaterial.

If you are considering a divorce, please contact Attorney Winters at 225.284.8762

About The Firm

Winters & Associates, PLLC is a full service firm offering legal assistance in many different areas of the law. With a concentration on criminal defense, personal injury, family law, and divorce, Anthony Winters is a learned and dedicated professional, who eagerly anticipates working on your case.

Contact Us:

Address

4520 South Sherwood Forest Boulevard

Suite 104-250

Baton Rouge, LA 70816

Phone Number

225-284-8762

Email

anthonywinters@us.army.mil

DISCLAIMER

PLEASE BE ADVISED THAT THE ARTICLES LISTED HERE ARE NOT DESIGNED TO GUARANTEE ANY OUTCOME ON FUTURE LITIGATION OR CRIMINAL CHARGE.

Tupac Amaru Shakur

Tupac is simply the greatest poet and expressionist of all time. This mortal found a way to immortilize himself through thoughts and ideas. It is my goal to articulate my client's case in such a profound way...