Legal Question in Criminal Law in Louisiana

First Degree vehicular negligent injury

How can yu be charged with this before being convicted of a DWI and arrested without being read your rights?

Asked on 8/21/04, 5:20 pm

2 Answers from Attorneys

Andrew Casanave Andrew M. Casanave
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Re: First Degree vehicular negligent injury

You not only can, but must be charged before being convicted of the related DWI. Anything else would be double jeopardy.

You can be arrested without being advised of your Miranda rights. It will cause problems for the police only if you made an incriminating statement.

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Answered on 8/21/04, 5:25 pm
Hardy Parkerson Retired Attorney; now Law Professor
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Re: First Degree vehicular negligent injury

Dear LawGuru Friend,

Police have much power to arrest. A peace officer (cop) can arrest any person when he has reasonable cause to believe that that person has committed an offense (crime). The matter of proving the the defendant has commited the offense comes later at the trial. You do not have to be convicted of D.W.I. before a cop can have reasonable cause to believe you have committed the offense of First Degree Vehicular Negligent Injury, as you have termed it. And police are not obligated to read you your rights every time you are arrested. The rule is that if they do not, then anything you say which is inculpatory cannot be used against you at trial. There is more to it all than this, but this is something to consider. I suggest that you get you a good criminal lawyer to defend you on this charge. You have the right to make the state prove your guilt, as you are presumed innocent until proven guilty in a court of law beyond a reasonable doubt. In this case, you are also entitled to a trial by jury. Don't waive that right! That's my suggestion. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 8/21/04, 6:51 pm

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