Criminal Law

The clock on your license starts before your first court date.La. R.S. 14:98

A DWI arrest triggers two separate proceedings: the criminal charge under La. R.S. 14:98 and an administrative action against your driver’s license. Under Louisiana’s implied-consent law, you generally have a strict deadline — about 30 days — to request an administrative hearing, or your license is suspended automatically, regardless of what happens in court.

These cases are defensible. The legality of the stop, the administration of field-sobriety tests, and the maintenance and operation of breath- and blood-testing equipment are all subject to challenge. Aertker Legal scrutinizes every step, from the reason for the stop to the chain of custody, and defends both the criminal charge and your license.

• First through fourth-offense OWI
• Refusal and implied-consent license suspension
• Field-sobriety and breathalyzer challenges
• Blood-draw and chain-of-custody issues
• Underage and commercial-driver DWI
• Felony DWI (third and fourth offense)

When your liberty is at stake, preparation is everything.La. R.S. 14:2

A felony — any offense punishable by death or imprisonment at hard labor — can cost you your freedom, your record, and your future. From the moment of arrest, the State marshals police, prosecutors, and crime labs against you. You are entitled to a defense built with the same rigor.

Aertker Legal defends serious charges in Louisiana and Mississippi state and federal courts, moving early on bond, preliminary examination, and the pretrial motions that shape a case — and preparing every matter as if it will be tried to a jury.

• Crimes against the person
• Theft, fraud, and property crimes
• Drug felonies and distribution
• Weapons and firearms offenses
• Probation and parole revocation
• Pretrial motions and suppression

A ‘minor’ charge can leave a record that follows you for years.None

No criminal charge is truly minor when it appears on a background check seen by employers, landlords, and licensing boards. Aertker Legal handles misdemeanors and serious traffic matters with the goal of protecting your record — through dismissal, diversion, deferred disposition, or trial as the case warrants.

Where eligible, Louisiana’s deferred-disposition procedures can keep a conviction off your record entirely.

• Simple battery and assault
• Theft and shoplifting
• Disturbing the peace
• Reckless and careless operation
• Possession offenses
• Article 894 deferred dispositions

The difference between possession and distribution can be the difference of years.La. R.S. 40:961 et seq.

Louisiana’s Uniform Controlled Dangerous Substances Law carries penalties that escalate sharply with the substance, the quantity, and the alleged intent. The same facts can support a possession charge or a far more serious distribution charge, and the defense often turns on the legality of the search that produced the evidence.

Aertker Legal challenges unlawful stops, searches, and seizures through motions to suppress, and pursues diversion and treatment-based alternatives where they serve the client.

A child’s mistake should not define a child’s future.None

Juvenile proceedings run under the Louisiana Children’s Code, with their own rules, terminology, and dispositions aimed at rehabilitation rather than punishment. The stakes are real — a delinquency adjudication can affect school, future opportunity, and, in serious cases, lead to transfer to adult court.

Aertker Legal represents juveniles and their families with the discretion these matters require, working toward outcomes that protect the child’s record and future.

A closed case is not the same as a clean record.La. C.Cr.P. arts. 971–995

An arrest or conviction can linger on your record long after the case ends, surfacing in background checks for jobs, housing, and professional licenses. Louisiana law allows many arrests and certain convictions to be expunged once the applicable waiting periods and eligibility requirements are met.

Aertker Legal evaluates your eligibility, prepares the petition, and shepherds it through the court and the agencies — so a old mistake stops costing you new opportunities.