Legal Question in Civil Rights Law in Louisiana

Re: telephone harassment

Dear Friend,

The answer to your question is really found in the LOUISIANA CODE OF CRIMINAL PROCEDURE, which can be accessed on the Louisiana Legislature's web-site, by clicking on Louisiana Laws and then on the LOUISIANA CODE OF CRIMINAL PROCEDURE. You can state in your motion to quash (dismiss) the charge (bill of information or indictment) several grounds to dismiss the bill of information or indictment, but these grounds have to be sufficient for the court to grant a dismissal. Some such motions could be based on and state that the court lacks jurisdiction for the charge to be prosecuted therein, the case has prescribed (the statute of limitiations has run, as it's been too long since the alleged offense happened for the state now to file a formal charge), you are now being placed in "double jeopardy", as you have had to answer to the charge before; the statute with which you are being charged is unconstitutional; the prosecutor has no such authority to even institute the charge; the bill of information or indictment is so vague and indefinite it does not properly apprise you of what it is you are being prosecuted for allegedly doing, the grand jury which returned the indictment was improperly constituted, the bill of information or indictment has not been properly signed by the proper person, and I am sure others that I can't think of right now in a hurry as I am composing this answer. There is more to it all than this, but this is something to think. Some of these grounds for motions to quash (to dismiss) can be filed very late in the game (prosecution), some even on the day scheduled for trial. Again, there is more to it all than this, but this is a good start. Thanks for asking and best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

[email protected]