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Franz Nicholas Borghardt

Franz Borghardt’s Answers

116 total


  • Can a misdemeanor charge under article 894(b) be expunged (child desertion)

    Plead guilty in December' 2014 in Louisiana

    Franz’s Answer

    If your sentence is deferred under 894 and your probation is completed satisfactory, then your 894 can and should be granted. Ultimately, your judge decides about your eligibility for a deferred sentence under article 894. Consult an attorney before proceeding.

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  • Is pre-trial diversion a conviction? and is it the same thing as deferred adjudication?

    I was charged with Felony theft and offered pre-trial diversion.

    Franz’s Answer

    It's not a conviction. It is a prettily program that, if you complete the terms and conditions, leads to a dismissal.

    Deferred adjudication is something different. Generally it is a type of probation that, if completed, allows you to get a charge off your record for some purposes. Consult a lawyer!

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  • Requesting an administrative hearing

    Can you go to jail during an administrative hearing? My license got suspended and they gave me a paper to request a hearing, do I have to request one?

    Franz’s Answer

    No, you can't go to jail for the admin hearing. It is a civil proceeding that deals with your license. Request one. You have 15 days from the arrest. It isn't a trial. Consult an attorney. They can go in your place and fight for you.

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  • Do I have reason to appeal a plea bargain of no contest?

    My lawyer pressured me to accept a plea bargain and even said he refused to go to trial for me. This all happened three days before the trial so I didn't have the time to question him or get another lawyer. After the fact, I discovered he lied t...

    Franz’s Answer

    If everything you say is true, then you wouldn't appeal but instead would file a motion to vacate your plea. Consult an attorney.

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  • My 16 year old son is being railroaded real bad

    My son is being charged with second degree assualt and battery when it was self defense the girl struck him in the face about 10 to 15 times before he hit her back now they want to charge my son and not do anything to the little girl who hit him f...

    Franz’s Answer

    You need to consult an attorney immediately. Self-defense is one of the many ways to assist in the defense of the case. There may be others.

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  • My cousin has 3 charges ! But this is his first offense ! SIMPLE BURGLARY OF AN INHABITED dwelling , possession and ill fire arm

    The stolen stuff was 500-1500

    Franz’s Answer

    You need to consult an attorney. These are serious charges.

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  • I have a warrant of misdemeanor theft of utilities hanging over my head since 2009 is there a statute of limitations

    Can I still get arrested or do they have a time limit on which I can be charged?

    Franz’s Answer

    The warrant will remain active until recalled. Depending on the type or reason for the warrant, the crime may be beyond the time limitations of prosecution. Consult an attorney.

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  • Hisband has 3 felonies can he qualify for probation in Louisiana?

    He is currently on felony probation for a drug charge and was caught up in another felony (convicted felon with a fire arm)

    Franz’s Answer

    If he has two or more prior felonies then he is not eligible for felony probation in Louisiana. He needs to consult an attorney immediately. Additionally, a new conviction will cause his probation to be revoked.

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  • Whats the sentencing for unlawful entry to a business in louisiana felony

    after they dropped agg/assault with a firearm

    Franz’s Answer

    Unauthorized entry (felony) is 0-6 years. If you have a felony record they could also file an habitual offender bill against you if convicted. Consult an attorney.

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  • What should I do about a misdemeanor charge on theft? The item only cost ten dollars! What should I be looking to face in court?

    I'm nervous and I'm only 17. I do really good in school, this is my first offense, and it was a stupid mistake!

    Franz’s Answer

    You need to talk to an attorney. They will be able to help you. A skilled attorney can present your case and negotiate with the prosecutor on your behalf.

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