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Robert Stephen Toale
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Robert Toale’s Answers

68 total


  • I have pled guilty to a 2nd degree robbery charge in august of 2008 and i was wondering can my charge be expunged?

    i was sentenced to 5 years 4 of the years suspended with a year hard labor im also a first convicted felon.

    Robert’s Answer

    The short answer, I am afraid to say, is no. R.S. 44:9 provides the authority for expungments. Convictions cannot be expunged. However, if you had pled under C.Cr.P. Article 893 (E) your sentence would have been deferred and you could file a motion to set aside the conviction. After the conviction is set aside you could file a motion for an expungment. As additional information, second degree robbery is a crime of violence under R.S. 14:2(B) 36 and the judge would not be able to defer your sentence. Ben Labrache is a friend and we both testify before the legislature and we expect there will be an overhaul of the expungment laws. I would suggest that you ask the question again in August.

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  • Will this be on my background check for employers?

    I got in a car wreck and while the police officer was talking to me he decided to search my car and found marijuana and drug paraphenelia. I was wondering how much the ticket would be and if it will show with my future employers when they do a bac...

    Robert’s Answer

    It will probably show up on a background check. Possession of marijuana and drug paraphenelia are both misdemeanors in Louisiana and carry sentences of up to six months in the parish prison and a fine up to $500.00 plus court costs. In the New Orleans area they require a court appearance and a plea or trial before a judge. Should you decide to plea guilty, rather than fighting it and go to trial, you should do so under Code of Criminal Procedure Article 893 and ask for a deferred sentence. I would also suggest that you hire a lawyer to check to see whether the officer had probable cause to search your vehicle and to file a motion to suppress the evidence seized.

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  • I GOT AN DWI 4. WHAT AM IM LOOKING AT?

    I WAS ON E.TEXAS AND SWAN LAKE RD. SITTING AT THE RED LIGHT EASTBOUND. I NOTICE THE CAR MOVING FAST WEST BOUND. MY LIGHT TURNED GREEN AND THE ARROW CAME ON, SO I STARTED TO TURN. BUT I HAD TO TURN OUT WIDE BECAUSE OF CAR ALMOST RAN THE REDLIGHT AN...

    Robert’s Answer

    The relevant portion of R.S. 14:98 provides as follows:

    E. (1)(a) Except as otherwise provided in Subparagraph (4)(b) of this Subsection, on a conviction of a fourth or subsequent offense, notwithstanding any other provision of law to the contrary and regardless of whether the fourth offense occurred before or after an earlier conviction, the offender shall be imprisoned with or without hard labor for not less than ten years nor more than thirty years and shall be fined five thousand dollars. Two years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. The court, in its discretion, may suspend all or any part of the remainder of the sentence of imprisonment. If any portion of the sentence is suspended, the offender shall be placed on supervised probation with the Department of Public Safety and Corrections, division of probation and parole, for a period of time not to exceed five years, which probation shall commence on the day after the offender's release from custody.

    So...on a conviction of 4th offense DWI, the mandatory minimum sentence is ten years at hard labor. The maximum sentence is thirty years at hard labor. Two years of the sentence must be served without benefit of probation, parole, or suspension unless the court decides (in its discretion) to suspend a portion (or all) of the sentence.

    It's a very serious charge. You should contact a local criminal defense lawyer immediately.

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  • I got a grand larceny charge for taking 14,000.00 worth metal me an two other guys I would like to know what I'm looking

    Nothing on my background what kind of charges will I get could I get probation

    Robert’s Answer

    You need to hire a lawyer. $14,000.00 may get you some jail time.

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  • About GED time cut.

    Ok, I was serving house arrest time, then I received my GED and community corrections granted me 38 days, when they granted me the 38 days they removed me from house arrest an started my probation. Come to find out, they set a term of probation a...

    Robert’s Answer

    You should hire a lawyer. If it is from September 15 you should be out.

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  • If offered 6 months, how long will the judge actually sentence you or what is possibility of getting time served for this crime?

    My boyfriend violated probation for the 2nd time for driving on a suspended license. Since we could not afford bail of $1000, when he goes to court he will have served 52 days.

    Robert’s Answer

    The answer to this question is: depends on the facts and the judge. I will add that he needs a lawyer since this is his second offense.

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  • Injuctive relief at arrest warrent hearing

    Neighbors trespassed on my property several times and caused significant damages over $500. At arrest warrant hearing can I ask for injunctive relief to prevent further trespasses? Also since a spite fence causing diminution of value on my prope...

    Robert’s Answer

    If your neighbor is convicted the judge may grant restitution for the damage to your property. Most of the remedies you are seeking will be in civil court but the prosecutor may be able to ask the judge for an order to protect you.

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  • How much time does it take for after a person that has been arrested to go to court with charges of battery??

    My boyfriend has already been arrested for battery for beating up his aunt girlfriend and his aunt pressed charges against him and I wanted to know how long will he get in jail if his bail is 5,000 dollars but he haven't been to court yet??

    Robert’s Answer

    If his bond was set he was probably brought to court within 48 hours. Your question is probably broader than you think but court could be for arraignment, motions, status hearings, and a trial. If in jail he should qualify for a court appointed lawyer and he should ask that person these questions. Make sure he has applied for a court appointed lawyer or hire one for him.

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  • Prison/Parole question

    My BF is currently in state prison. I was told that at some point they go in front of a parole board, and try and get paroled.but my question is how much of they time do they have to do before they can go in front of a parole board? How does it wo...

    Robert’s Answer

    You should provide more information next time. Mr. Kaman did the best he could with the information you gave him.

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  • Is there a way to request a divergence program for a first offense MIP without the help of a lawyer?

    Due to recent expenses on school, medical, etc., I don't think it is in my family's budget to hire a lawyer to defend me. The charge is a misdemeanor MIP, and it is my first charge of any kind. I have a clean record. Doing some online research a...

    Robert’s Answer

    You always have the right to represent yourself but as Abraham Lincoln said: “He who represents himself has a fool for a client.”

    Good luck. Better plan is to get court appointed lawyer if you qualify or borrow money from friends and family to hire a lawyer.

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