1. Law Office of Robert S. Toale
Focus Area: Criminal defense with 30+ years exclusive focus on criminal law
Practice Areas: DWI, drug crimes, assault, theft, white-collar crimes, federal crimes, sex crimes
Background: The Law Office of Robert S. Toale has over 30 years of experience defending clients against criminal charges. Robert Toale is the Past President of the Louisiana Association of Criminal Defense Lawyers and has served on the Board of Directors of the National Association of Criminal Defense Lawyers. In 2018, Robert Toale received the Albert Tate Jr. Award, the highest award that the Louisiana Association of Criminal Defense Lawyers bestows. The firm focuses solely on criminal defense and does not handle personal injury cases or anything else. Mr. Toale is one of the few lawyers in Southeast Louisiana who focuses exclusively on criminal law.
Location: New Orleans and Gretna, Louisiana (serves Jefferson Parish and Orleans Parish)
Contact: (504) 368-8440 | https://www.robertstoale.com/
Consultation: Initial consultation available
2. DiGiulio Utley, LLC
Focus Area: Criminal defense with 23+ years experience at municipal, state, and federal levels
Practice Areas: Drug possession, theft, assault, DWI, domestic violence, sex crimes, weapons charges, white-collar offenses, expungements
Background: With over 23 years of experience as a criminal defense attorney, Dylan C. Utley is a highly respected criminal lawyer with decades of experience representing clients throughout New Orleans, Jefferson Parish, Gretna, Metairie, Kenner, St. Bernard Parish, St. Tammany Parish, Plaquemines Parish, and surrounding areas. The attorneys defend individuals in both state and federal court against a wide range of charges. Known for meticulous case preparation, the firm provides honest advice, tough negotiation, and relentless defense strategies tailored to each client’s unique situation. The firm also handles municipal code violations and expungements of criminal records.
Location: New Orleans, Louisiana (serves Orleans Parish, Jefferson Parish, St. Tammany Parish, St. Bernard Parish, and surrounding areas)
Contact: (504) 524-4080 | https://www.digiulioutley.com/
Consultation: Free consultation available 24/7
3. Law Office of Lance J. Robinson
Focus Area: Criminal defense with 22+ years experience and 2,400+ clients defended
Practice Areas: DUI/DWI, public intoxication, disturbing the peace, criminal trespass, drug offenses, expungement, college student defense, tourist defense
Background: With over 22 years of dedicated experience in criminal defense litigation, the Law Office of Lance J. Robinson has earned a reputation for aggressive, effective representation and unwavering commitment to clients’ rights. The firm has successfully defended more than 2,400 clients from all walks of life, both local residents and out-of-town visitors, in Municipal, Criminal, and Traffic Courts throughout New Orleans, Jefferson Parish, and surrounding parishes. Strategically located offices in New Orleans and Metairie allow the firm to effectively serve clients throughout southeast Louisiana. The firm handles every aspect of cases, including making court appearances on clients’ behalf whenever possible.
Location: New Orleans and Metairie, Louisiana
Contact: (504) 427-6210 | https://www.defenseattorneynola.com/
Consultation: Free, confidential consultation available 24/7
4. Elizabeth B. Carpenter Law Firm
Focus Area: Award-winning criminal defense with focus on sex crimes, internet crimes, and federal cases
Practice Areas: Sex crimes, internet crimes, federal crimes, drug charges, DWI, assault, theft
Background: Elizabeth Bagert Carpenter started her law firm with a passion for criminal defense litigation. During her career, she has successfully represented hundreds of people from all parts of the United States and some parts of Europe and Asia. Ms. Carpenter has been recognized as a Louisiana Super Lawyer (only 5% of attorneys in Louisiana are selected). She has also been named in the National Trial Lawyers Top 100, New Orleans Magazine Top Attorney, and National Academy of Criminal Defense Attorneys Top 40 Under 40. A significant portion of her work focuses on sex crimes, internet crimes, and federal criminal cases. She has a long history of defending professionals such as teachers, doctors, financial analysts, and military personnel.
Location: New Orleans, Louisiana
Contact: Contact through website | https://www.neworleans-criminal-defense.com/
Consultation: Available for consultation
5. Crescent City Law, L.L.C.
Focus Area: Criminal defense and personal injury with personalized service
Practice Areas: Traffic tickets, criminal record clearing, DWI, drug offenses, assault, theft
Background: Crescent City Law was founded by criminal defense and personal injury attorney John Radziewicz. As a passionate advocate for clients in the courtroom, he aggressively represents clients in and out of the courtroom. Crescent City Law always offers personalized services to clients while remaining diligent, reliable, and trustworthy. This attitude has contributed to the firm’s reputation as a successful and experienced New Orleans law firm. Whether clients want to fight traffic tickets, get criminal records cleared, or need help after an accident, Crescent City Law is dedicated to helping people reset and move forward.
Location: 935 Gravier Street, Suite 850, New Orleans, LA 70112 (serves Orleans Parish, Jefferson Parish, Tangipahoa Parish, St. Bernard Parish, St. Charles Parish, St. John the Baptist Parish, and St. Tammany Parish)
Contact: (504) 264-9492 | https://crescentcitylawfirm.com/
Consultation: Available for consultation
Criminal Defense Laws in Louisiana
Felony Classifications
Louisiana classifies felonies based on potential punishment rather than traditional letter classes:
Crimes Punishable by Death or Life Imprisonment: First-degree murder, aggravated rape, aggravated kidnapping of a child. Louisiana has the death penalty, though executions have been paused.
Crimes Punishable by Life Imprisonment (Without Death): Second-degree murder, aggravated rape of a victim under 13, armed robbery (under certain circumstances).
Felonies with Hard Labor: Many felonies require sentences be served “at hard labor” in state prison. Examples include aggravated battery (up to 10 years), armed robbery (10-99 years), and drug distribution (varies by substance).
Felonies Without Hard Labor: Certain felonies can be served in parish jail rather than state prison. Examples include theft of $1,000-$5,000 (up to 5 years) and certain drug possession offenses.
Louisiana uses determinate sentencing where judges impose specific sentences within statutory ranges.
Misdemeanor Classifications
Louisiana does not use formal misdemeanor classifications. Instead, individual offenses specify penalties:
Misdemeanors with Jail Time: Simple battery (up to 6 months), first-offense DWI (up to 6 months), simple criminal damage to property (up to 6 months).
Misdemeanors with Fine Only: Certain traffic offenses and minor violations carry fines without jail time.
Maximum misdemeanor sentences generally do not exceed 6 months in parish jail, though some offenses allow up to 1 year.
Expungement Laws
Louisiana has expanded expungement eligibility:
Arrests Not Resulting in Conviction: Generally eligible for expungement immediately or after short waiting period.
Misdemeanor Convictions: Many misdemeanor convictions can be expunged after completion of sentence and waiting period (varies by offense, typically 5 years).
Felony Convictions: Certain non-violent felony convictions may be expunged after 10 years from completion of sentence. Crimes of violence and sex offenses are generally not eligible.
First Offender Pardon: Those who complete sentences for first felony convictions are automatically pardoned after 10 years, which restores civil rights but does not expunge the record.
DWI Laws
Louisiana DWI applies to driving with BAC of .08% or higher (.04% commercial, .02% under 21). First offense carries 10 days to 6 months jail (may be suspended), $300-$1,000 fine, and 90-day license suspension. Second offense within 10 years carries 30 days to 6 months jail (48 hours mandatory), $750-$1,000 fine, and 2-year license suspension. Third offense is a felony (1-5 years prison). Fourth offense is a felony (10-30 years prison). Louisiana has implied consent; refusal results in license suspension.
Frequently Asked Questions
What is the difference between Orleans Parish Criminal District Court and Orleans Parish Municipal Court?
Criminal cases in New Orleans are heard in different courts depending on the severity of the offense. Orleans Parish Municipal Court handles municipal ordinance violations, traffic offenses, and some misdemeanors. Orleans Parish Criminal District Court handles state felonies and more serious misdemeanors. There are also specialty courts including Drug Court and Mental Health Court. The Orleans Parish Criminal District Court is located at 2700 Tulane Avenue. Having a New Orleans criminal defense attorney who regularly practices in both courts and knows the judges, prosecutors, and local procedures can significantly impact your case outcome.
What is Louisiana’s “hard labor” sentencing and what does it mean?
In Louisiana, many felony sentences specify that imprisonment be served “at hard labor.” This designation means the sentence is served in a state prison (such as Louisiana State Penitentiary at Angola) rather than a parish jail. Historically, this meant actual hard labor, but today it primarily distinguishes state prison sentences from parish jail sentences. Sentences served at hard labor are generally more restrictive with fewer privileges. The hard labor designation also affects parole eligibility and sentence calculation. Felonies “without hard labor” are served in parish facilities, typically for shorter terms. Understanding whether your charge carries a hard labor sentence is important because it affects where you would serve time and your eligibility for early release. A New Orleans criminal defense attorney can explain how the potential sentence would affect you.
What are Louisiana’s 10-6-2 repeat offender laws?
Louisiana’s repeat offender laws (La. R.S. 15:529.1), often called the “habitual offender” or “multiple offender” law, significantly enhance sentences for repeat felony offenders. If convicted of a second felony, the minimum sentence is one-half the maximum for the current offense. If convicted of a third felony, the minimum sentence is two-thirds of the maximum. If convicted of a fourth felony (or third if one is violent), the minimum sentence is 20 years to life at hard labor. These enhancements apply only if the prosecutor files a multiple offender bill and proves the prior convictions. The prior felonies must have occurred within specified time periods to count. A New Orleans criminal defense attorney can challenge the validity of prior convictions, the timeliness of the multiple offender bill, or negotiate to avoid the enhancement.
What happens at a preliminary examination in Louisiana?
In Louisiana, if you are arrested for a felony and remain in custody, you have the right to a preliminary examination within a specified time (generally 30 days for most felonies). At the preliminary examination, the prosecutor must present evidence establishing probable cause that a crime was committed and that you committed it. You have the right to be represented by an attorney, cross-examine witnesses, and present evidence. If the judge finds probable cause, the case proceeds to the grand jury. If the judge does not find probable cause, you are released from custody. However, the case can still be presented to a grand jury even after a finding of no probable cause. Many defendants waive preliminary examination as a strategic decision. A New Orleans criminal defense attorney can advise whether requesting or waiving the preliminary examination is in your best interest.
Can I get my arrest record expunged in Louisiana if I was never convicted?
Yes, Louisiana law allows expungement of arrest records for cases that did not result in conviction. If charges were never filed, were dismissed, you were acquitted, or the conviction was later set aside, you may be eligible to expunge the arrest record. The waiting period varies: if the case was dismissed or you were acquitted, you can file immediately; if charges were never filed, you must wait specified periods depending on the offense. Expungement removes the record from public access, though law enforcement can still see expunged records under certain circumstances. The expungement process requires filing a motion in the court where the case was heard, providing notice to the district attorney, and obtaining an order from the judge. A New Orleans criminal defense attorney can file the expungement motion and guide you through the process.