For every advancement in technology and communications, time seems to run a little faster. For every country that is born, lost, or absorbed into another nation, the migration increases. As more opportunities evolve, so too does our responsibility to be aware of how they may affect us. The legal code of any state is certainly something that needs attention since any given loophole could lead to a disastrous spiral for an innocent person. The laws regarding habitual offenders in Louisiana is one such loophole subject to scrutiny and has the potential to impact Telugu NRIs who live, work, or travel throughout the Pelican State.
Habituation to off-norm behavior has been found and tested as a consistent detriment in the criminal justice system. Because of this, the act of committing a crime on multiple occasions has led to harsher punishments than most would expect. The legal jargon of habeas and corpus can be boiled down to, “you can’t be punished twice for the same crime unless you commit the same crime again.” To make it even simpler, it means if you commit a crime, and you are punished, those crimes cannot be held against you again unless you do them again. The notion of erstwhile convictions is a loophole that has been used in several states to get around this legal obligation though. That case law allows for a second or third conviction to compound onto your punishment and, simply put, pile it on. Because of this, habitual offender laws have been developed, but not without their own controversies. Some states have written them with fairly tight restrictions while others have implemented them as broad-reaching and difficult to escape from. In Louisiana, the latter situation has occurred.
The article outlines some of the basic laws of the state and how its implementation of prior convictions can affect the sentence for them. Since the statutes regarding criminal activity are enforced to the fullest extent of the law, it can be difficult for defendants to defend themselves against even the most minor of offenses. What may seem like a simple misdemeanor for drinking and diving, for example, can eventually lead to a life sent to prison.
If you are an NRI, how may these laws affect you? Well, it depends entirely on your behavior or the behavior of someone close to you. Louisiana is known for having a high percentage of DUI convictions, while also being one of the largest destinations for tourist traffic. This means the likelihood of facing a frequent summer driver drunk arrest is fairly high. Not only for the tourists though, but also for locals, as offices have been found to be fairly lax in their enforcement of this law. Their ability to act on prior convictions before sentencing a repeat offender can lead to more than a decade of behind bars executions should you find yourself caught in an unfortunate situation. This also includes matters of assault, theft, and certain drug offenses – but not all of them.
The varying degrees of severity in these cases show us how those loopholes have found their way into even the most well thought-out laws. In more serious crimes, habitual offender laws seem to flow with more conscience. For example, one property crime conviction will not lead you to an increased punishment beyond what is expected. However, a second or third conviction in future cases can only lead one to expect to be treated as harshly as habitual offenders in other criminal cases. At the end of the day, this means more than half a decade in jail for those caught in even the lowest of crime.
The truth of the matter is that even the most severe laws are able to be overturned and reshaped through top-down communication. When you head to vote this year, it is important to know the voice of that ballot can help shift the laws we have in place. If a majority come out to suggest a loosened habitual offender law, there is a chance it may be passed (and revoked). The best way to address this issue is to pay attention to the legal jargon coming out of each state, so be sure to make a habit of trimming those “previous charges” off your record whenever you can.
