Louisiana's culture is strongly derived from those who settled the area
over three hundred years ago. In addition to those who later immigrated
to the area now known as Louisiana, the state holds the influences of
African, Spanish, French, and Indian heritage. The influences are still
strongly present in different areas of Louisiana.
More cultural influences are present in how Louisiana uses its state
government. Louisiana has taken influences of Roman, English, German,
and Spanish is governments and incorporated them into its own system.
This state has created laws where the federal government has yet to
makes laws. Many of these include bankruptcy laws, divorce laws,
drunken driving laws, expungement laws, labor laws, gun laws, and
others.
Bankruptcy
The federal government recently added new requirements for who may
apply for different kinds of bankruptcy and set new holds on who is
eligible for bankruptcy. These new federal laws are designed to
decrease abuse on the nation bankruptcy system.
Louisiana has two different kinds of bankruptcy for personal use:
Chapter Thirteen bankruptcy and Chapter Seven bankruptcy. Chapter
Thirteen bankruptcy allows individuals to use their own income to pay
off their outstanding debts. Upon acceptance, Chapter Thirteen
bankruptcy will create a payment plan for each individual so that all
debts can be paid within five years or less. Chapter Seven bankruptcy
allows individuals to liquidate different portions of their property to
be used for debt payment. This process can be completed in as little as
three months.
Divorce
The state of Louisiana requires that those filing for divorce first be
state residents for at least twelve months prior to petitioning. Since
all divorces in Louisiana are seen through the Judicial District Court,
where residents live designates where they will file for divorce. A
spouse may file for divorce, and he or she may do so in either his or
her own county or that of his or her spouse.
If a divorce petition is filed to the incorrect county, the petition
will be dismissed. An individual does not need to be a state resident
of Louisiana as long as his or her spouse is a Louisiana resident for
the required amount of time. Louisiana, unlike most other states, does
require that both individuals file for divorce.
Drunk Driving
The national blood alcohol content limit is set at 0.08 percent. Those
who exceed this limit will be arrested and later charged. The
conviction for driving under the influence depends on any prior
offenses and any aggravating circumstances. Having a blood alcohol
content level of 0.15 percent or higher will result in increase
punishments, despite being a first offense.
Punishments for driving under the influence in Louisiana include
community service, incarceration, fines, driver's license suspension,
and substance abuse courses.
Overtime
In 1938 the national government created an act that requires employers
to pay their employees more for working overtime. The Fair Labor
Standards Act states that working more than forty hours a week is
considered overtime. Louisiana currently sets its overtime payment to
paying time-and-one-half an hour for any time worked over forty hours.
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can you get a 2nd degree assault charge which you were found guilty of expunged from your record. I want to join the army and they won't take me cause they say in the army all 2nd degree assault charges are felonies, even though mine was a misdemeandor.
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the max sentence for a class A is 365 days. I've been told that they absolutely cannot keep you past that w/o some other charge. is that right? And can they extend that if you violate probation?
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