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	<title>Joseph K. Scott &#124; Attorney at Law</title>
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		<title>Fortune Telling Legal Again in Alexandria</title>
		<link>http://josephkscott.com/fortune-telling-legal-again-in-alexandria/</link>
		<comments>http://josephkscott.com/fortune-telling-legal-again-in-alexandria/#comments</comments>
		<pubDate>Mon, 03 Sep 2012 19:20:04 +0000</pubDate>
		<dc:creator>Joseph Scott</dc:creator>
				<category><![CDATA[Laws]]></category>

		<guid isPermaLink="false">http://josephkscott.com/?p=681</guid>
		<description><![CDATA[In central Louisiana, the city of Alexandria recently enacted a law forbidding fortune tellers, palm readers, tarot card readings, astrology and other psychic readings. However a Federal Judge accepted the recommendation of a U.S. Magistrate Judge that the law was unconstitutional. The judge stated that the law violated First Amendment Free Speech Rights. Filing the [...]]]></description>
				<content:encoded><![CDATA[<p><img class="alignright size-medium wp-image-693" title="Fortune Tellers are protected by 1st Amendment" src="http://josephkscott.com/wp-content/uploads/2012/09/fortune-tellers-have-rights-too-300x199.jpg" alt="Fortune Tellers are protected by 1st Amendment" width="300" height="199" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em" />In central Louisiana, the city of Alexandria recently enacted a law forbidding fortune tellers, palm readers, tarot card readings, astrology and other psychic readings. However a Federal Judge accepted the recommendation of a U.S. Magistrate Judge that the <a href="http://www.thetowntalk.com/article/20120713/NEWS01/207130332/Alexandria-s-fortuneteller-law-deemed-unconstitutional">law was unconstitutional</a>. The judge stated that the law violated First Amendment Free Speech Rights.</p>
<p>Filing the suit was Rachel Adams, a fifth generation psychic, fortune teller who owns and operates a store front in Alexandria. Ms Adams claimed she accepts donations but doesn’t charge for her readings. She was issued a summons in 2011 for violating the ordinance.</p>
<p>In the federal suit, the city of Alexandria argued that the business of fortune telling is inherently deceptive and fraudulent. City officials claim that they have a duty to enforce all <a href="http://josephkscott.com/category/laws/">laws</a>, and argue in court to support those laws. The city, seemingly aware that they were beaten, did not object to the Magistrates recommendation.</p>
<p>U.S. District Court Judge Dee D. Drell signed the judgment last week noting that history and art of fortune telling had a long and uneventful history. Uncharacteristically for a federal judge, Drell even veered towards comedy by suggesting that a judgment supporting the ban was, “…not in the cards.”</p>
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		<title>Sale of Roadside and Parking Lots Pets Banned</title>
		<link>http://josephkscott.com/sale-of-roadside-and-parking-lots-pets-banned/</link>
		<comments>http://josephkscott.com/sale-of-roadside-and-parking-lots-pets-banned/#comments</comments>
		<pubDate>Wed, 29 Aug 2012 22:48:55 +0000</pubDate>
		<dc:creator>Joseph Scott</dc:creator>
				<category><![CDATA[Laws]]></category>

		<guid isPermaLink="false">http://staging.wonderfoundry.com/trial_wp/?p=65</guid>
		<description><![CDATA[In one of the more interesting bills signed into law by Gov. Jindal, Louisiana now bans the sale of dogs and cats from certain public areas, replicating what many parishes have already banned on a local basis. Animal activists have long been angered over individuals selling dogs and cats in shopping center parking lots or [...]]]></description>
				<content:encoded><![CDATA[<p><img class="alignright size-thumbnail wp-image-690" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em" title="Sale of Roadside and Parking Lots Pets Banned" src="http://josephkscott.com/wp-content/uploads/2012/08/puppies-for-sale-law1-150x150.jpg" alt="Sale of Roadside and Parking Lots Pets Banned" width="211" height="211" />In one of the more interesting bills signed into law by Gov. Jindal, Louisiana now <a href="http://theadvocate.com/home/2553035-125/house-advances-ban-on-roadside">bans the sale of dogs and cats from certain public areas</a>, replicating what many parishes have already banned on a local basis. Animal activists have long been angered over individuals selling dogs and cats in shopping center parking lots or along the roadside. This bill makes it a misdemeanor, with the first offense punishable with a $250 fine and up to $1000 for a second offense.</p>
<p>The law is narrowly written and states that specifically dogs and cats cannot be sold <em>“on any highway, right-of-way, flea market, public park, playground, swimming pool or any other public recreation area or adjacent property to such location regardless of whether or not access to those locations is authorized, or on any commercial or retail parking lot unless permission is granted by the owner of the lot”.</em></p>
<p>The law specifically excludes <em>“bona-fide humane societies, animal welfare organizations, local animal control activities or any non-profit organization sponsoring an animal adoption event”</em>. It will also not apply to pet stores or licensed breeders of animals or animals sold from a private residence or from a dog or cat show.</p>
<p>Animal activists, pet retailers, and breeders object to this type of animal sale because there are so many adoptable animals already in shelters. By purchasing animals from these unlicensed vendors another abandoned animal in a shelter will likely perish.</p>
<p>In addition, pet stores and licensed breeders object because are subject to local and state laws, are required to pay taxes and license fees, and are subject to inspections, expenses and conditions that roadside and parking lot vendors do not have.</p>
<p>All in all this is a good law that should help take reduce the unlicensed sale of dogs and cats from the roadsides and parking lots and hopefully more people will visit their local animal shelters or pet adoption centers to obtain healthy dogs and cats.</p>
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		<title>New Laws Create New Criminal Penalties</title>
		<link>http://josephkscott.com/new-laws-create-new-criminal-penalties/</link>
		<comments>http://josephkscott.com/new-laws-create-new-criminal-penalties/#comments</comments>
		<pubDate>Mon, 13 Aug 2012 18:11:40 +0000</pubDate>
		<dc:creator>Joseph Scott</dc:creator>
				<category><![CDATA[Laws]]></category>

		<guid isPermaLink="false">http://josephkscott.com/?p=672</guid>
		<description><![CDATA[In the recent legislative session, Governor Bobby Jindal signed into law several bills that increase the punishment for various violent crimes. Lawmakers have added significant jail time to the following offenses: Act 478: Increases the penalty for possession of or dealing in firearms with obliterated serial numbers from $1000 fine plus up to 6 months [...]]]></description>
				<content:encoded><![CDATA[<p>In the recent legislative session, <a href="http://legis.la.gov/billdata/bytype.asp?sessionid=12RS&#038;billtype=HB&#038;startno=1">Governor Bobby Jindal signed into law</a> several bills that increase the punishment for <strong>various violent crimes</strong>. Lawmakers have added significant jail time to the following offenses:</p>
<p><strong>Act 478</strong>: Increases the penalty for possession of or dealing in firearms with obliterated serial numbers from $1000 fine plus up to 6 months in jail to one to five years for a first offense and for a second offense two to ten years. Note that this is also a <a href="http://josephkscott.com/criminal-defense-attorney-baton-rouge-federal/">federal crime</a>, and can be prosecuted simultaneously by federal and state authorities.</p>
<p><strong>Act 40</strong>: Increases penalties for certain crimes of battery (aggravated battery, second degree battery &#038;  aggravated second degree battery) when committed on U.S. servicemen and disabled veterans. One year of sentence shall be served with benefit of parole, probation or suspension of sentence when crime is committed upon military service personnel or disabled veterans.</p>
<p><strong>Act 571</strong>: Provides for a minimum mandatory jail sentence for certain DWI offenses. After a conviction for a second offense occurring within one year of the first offense, the offender shall be imprisoned for thirty days without the benefit of parole, probation or suspension of sentence and complete a court approved substance abuse program and driver improvement program.</p>
<p><strong>Act 370</strong>: Increases penalties for the crime of home invasion. Original penalty was a fine not to exceed $5000 fine and not more than 20 years hard labor which was increased to 25 years hard labor. If the perpetrator is armed with a dangerous weapon the penalties increase to not more than $7000 fine and 30 years hard labor.</p>
<p><strong>Act 437</strong>: Increases the minimum mandatory sentence second offense domestic abuse battery.  With this bill the maximum sentence did not increase, but the amount of time served without benefit of probation, parole or suspension of sentence has increased from 92 hours to 14 days. In addition, the offender must now serve in a court approved domestic abuse prevention program.</p>
<p><strong>Act 320</strong>: Increases penalties for the crime of aggravated assault with a firearm. Changes the definition of the crime (the firearm need not be discharged for prosecution), and increases the fine from $5000 to $10,000 and maximum jail time from five years to ten years.</p>
<p>If you’ve been charged with a violent crime you need an attorney who understand the law and can help you navigate the court system. <a href=”http://josephkscott.com/”>Criminal defense lawyer</a>, Joseph K. Scott, III can help. </p>
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		<title>Killing Cab Driver Now Punishable by Death</title>
		<link>http://josephkscott.com/killing-cab-driver-now-punishable-by-death/</link>
		<comments>http://josephkscott.com/killing-cab-driver-now-punishable-by-death/#comments</comments>
		<pubDate>Wed, 08 Aug 2012 22:53:04 +0000</pubDate>
		<dc:creator>Joseph Scott</dc:creator>
				<category><![CDATA[Homicide]]></category>

		<guid isPermaLink="false">http://josephkscott.previewchanges.com/?p=663</guid>
		<description><![CDATA[Crime is nothing new in New Orleans and violent crime is once again on the rise. This week another cab driver was found shot to death in his cab in New Orleans East. This news has shocked and devastated local cabbies and the entire community. In March another driver was shot in Metairie, and in [...]]]></description>
				<content:encoded><![CDATA[<p>Crime is nothing new in New Orleans and violent crime is once again on the rise. This week another cab driver was found shot to death in his cab in New Orleans East. This news has shocked and devastated local cabbies and the entire community. In March another driver was shot in Metairie, and in May 2011 cabbie Billy Kerner was killed by a passenger in his cab. In total five cabbies have been killed in the past two years.</p>
<p>Cab driver Kerner’s family lobbied lawmakers to create legislation that would make the killing of a cab driver a death penalty offense in Louisiana. State Senator Danny Martiny (R-Metairie) drafted the legislation that was passed in the recent 2012 legislative session. In June, Louisiana governor Bobby Jindal signed into law Act 679 which revises existing law to specifically include cab drivers as a first degree murder offense punishable by death.</p>
<p>In addition, the New Orleans City Council recently passed an ordinance that will require cabs have security cameras. Cabbies are hopeful that these new safety measures combined with harsher penalties will help keep cabbies safe and operating in New Orleans.</p>
<p>United Cab Companies President Joseph Messina recently said that unfortunately criminals see cabs as rolling ATM’s. Admittedly being a cab driver is precarious and more dangerous than most occupations but local and state authorizes are hoping that these measures send a strong message. The message is that they’re serious about preventing and severely prosecuting these crimes.</p>
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