Your freedom is one of your most precious possessions. When you or a loved one has been arrested or accused of a crime, that freedom is in jeopardy. Tonry, Brinson and Glorioso understands what is at stake in every criminal case, and we approach each criminal case as if our own freedom was at risk. The criminal justice system is a complex and often confusing process. Let our experienced attorneys guide you through each step of your case. We will be there with you from the arraignment through trial. Remember everyone accused is PRESUMED INNOCENT until proven beyond all reasonable doubt to be guilty.
Tonry, Brinson and Glorioso has the experience you need to protect your rights and freedom. We represent clients in the following types of criminal cases:
You always have the RIGHT TO REMAIN SILENT, and to an ATTORNEY. The police and the district attorney's job is to put criminals in jail. When you have been arrested or accused of a crime they are not your friends. They my use many techniques to get a suspect to provide them with information. We always advise our clients NOT to speak to the POLICE or DISTRICT ATTORNEY without having an ATTORNEY present. Remember everything you say can and will be used against you.
An officer making an arrest is to inform the person of his intention to arrest him, his authority, and the cause of the arrest. This is not necessary if the person to be arrested is then engaged in criminal conduct, or is being pursued immediately after commission of an offense, or has fled or forcibly resisted arrest before he can be so informed or if the disclosing of the information would imperil the arrest. When a person is arrested or detained in connection with an investigation into an offense, he is to be also fully advised of his right to remain silent, his right against self-incrimination, his right to the assistance of counsel and, if indigent, his right to court appointed counsel.&
Once a person is brought to the police station for booking, the officer on duty must advise him of the charge against him, advise him of right to counsel and his right to a preliminary hearing if charged with a felony. The arrested person must also be brought before a judge for purposes of appointment of counsel within 72 hours of arrest.
Reasonable or probable cause to arrest exists when the facts and circumstances within the arresting officer's knowledge and of which he has reasonable and trustworthy information are sufficient to justify a man of average caution, and particularly a police officer of average caution, in the belief that the person to be arrested has committed or is committing an offense. Mere suspicion cannot justify an arrest but an officer need not have sufficient proof to convict. Stated another way, the suspect's conduct must be more consistent with criminal activity than innocent pursuits, although the officer need not negate all possible lawful explanations for a person's conduct.
The Fourth Amendment holds that people shall "be secure in their persons, houses, papers and effects, against unreasonable searches and seizures." The provision has been construed to protect people (and their body cavities and fluids, such as blood); in houses, vehicles, business offices, a friend's apartment, a taxicab, and a public telephone booth. In Katz v. United States, the United States Supreme Court emphasized that it is people who are protected and not simply places. If the person seeks or relies upon an assumption of privacy in his activities and that belief is reasonable, the government may not intrude without proper authorization.
Article 1, Section 5 of the Louisiana Constitution offers even greater protections than the Fourth Amendment by providing for a separate right of privacy and express protection of property and communications, as well as houses, papers and effects.
The above is a short overview of just a few of the rights of those accused of a crime. Let our experienced attorneys protect your rights and preserve your freedom.