In 2015 I got caught driving under suspension some drug paraphernalia in my possession. I have spent about 20 days in jail and the past 6 months due to contempts for this charge. I have a court date this week and I want to get it over with if tha...
(1) hire a lawyer; (2) be honest, forthcoming and thorough with that lawyer; and (3) follow that lawyer's advice.
Best of luck to you!See question
I was arrested on June 3rd 2014 for a dwi blew all zeros on a breath analysis my lawyer has filed for continuance since then. I go to trail tomorrow. Do they still have a case?
There are several time limitations, referred to prescriptive periods under Louisiana law, that could apply to your case (time to initiate the prosecution, time to bring the prosecution to trial etc.). But, no attorney could answer your question without reviewing the court record. In particular, the filing of pre-trial motions, including a motion to continue, interrupts and/or suspends the running of prescription. As such, you really should discuss this matter with the lawyer representing you.
Best of luck to you!See question
I was recently caught shoplifting an item that was $40, the cop came, I received a summons to appear in court. The cop told me that I would just get a fine and have to pay court fees as well. This is my first offense ever. What should I expect to ...
Relax and take a deep breath. You're not going to jail. But, if your record is clean, you really should be doing everything that you can to keep it that way. Many District Attorneys offer Pre-Trial Intervention or Diversion Programs to first time offenders; and, with the help of a good criminal defense attorney, you could avoid the conviction all together.See question
I am going through an ugly divorce and custody battle. My ex father in law has harrassed and bullied me for months. One day a verbal argument ensued with ex wife and her father ran from inside the home and got in my face threatening me. When his n...
While this conversation is far better suited to be had in an attorney's office (instead of a public forum) where the communication would be protected under the attorney client privilege, I would nonetheless submit that anything is possible with good representation from an experienced criminal defense attorney. Many 2nd degree battery charges are ultimately reduced to simple battery pursuant to plea agreements. But, those type of plea agreements usually require the defendant to pay restitution to victim. It also sounds like you may have a viable self-defense argument if you can show that your actions were reasonable and apparently necessary to defend yourself. In any event, you should know that 2nd Degree Battery is one of the few crimes of violence that can be suspended or probated (and often are for 1st time offenders) under Louisiana law. However, it would be a considerable amount of time before you could expunge a second degree battery conviction from your record. Accordingly, you really should consult and retain a criminal defense attorney as soon as possible.See question
I know this may seem crazy to ask on a forum like this, but this is seriously bothering me. I got off on an exit with a friend earlier today and pulled into a gas station. After being in the gas station for about 5-10 minutes with a friend wh...
To be candid, it's probably not worth fighting because you could spend a lot of time and money and still lose, particularly if your license was expired. But, it really is your decision to make.
If you do not intend to hire an attorney to help you, you may consider entering a not guilty plea at the arraignment, setting the case for trial. Prior to the trial date, make sure to have your license back and the prosecutor will likely be willing to knock it down to much lesser offense, saving you some money.See question
My friend was arrested for his 4th dui but here's the catch he's never been charge for 4 he had one then was charged with another 1st offense and a 2nd he's never even been charged for a 3rd only 2 first offense and 1 2nd offense.. He has a lawyer...
This discussion really should be had with the attorney representing him instead of a public forum.
Nonetheless, best of luck to you and your friend!See question
Its always hard for me to get the job I want instead of the job I don't want. Looking for better pay and a comfortable environment is hard with what I have on my background. Im trying to provide a better life for me and my kids but I cant afford t...
If you want to try to do this yourself, you usually can get the forms from the Clerk of Court. But, you will also need to attach some documentation and a background check (confirming no other convictions) to your motion from the case. You should also know that if the forms are not filled out correctly, the expungement will have no effect. There is also a $550.00 filing fee.See question
in 2012 at the age of 17 he was arrested for simple battery. They did diversion but he didn't follow up for court and now has a warrant. When does the statute of limitations run out on this?
Prescription (i.e.- the Louisiana terminology for statute of limitations) does not run when a defendant fails to appear for court.See question
My friend has a felony charge that has not been accepted and being told it is still under review. It is pass the 150 days the D.A. has to accept charges. They are giving her court dates where they are waiving her appearance. What's going on? She ...
Under Article 701 of the Code of Civil Procedure, your friend could file a motion to be relieved of her bond obligation. But, if she is already out of jail, there really is no point. That motion would not be dispositive of the charge and the District Attorney would still be free to file charges until prescription (or what other states refer to as the statute of limitations) has completely run. Depending on the felony and the applicable sentence, the prescriptive period is likely 4 or 6 years from the alleged criminal conduct. You should also be mindful that, even if the friend is relieved of the bond obligation, the court will likely deem the filing of charges a "significant judicial event" and reimpose another bond obligation. So, for all practical purposes, it would be imprudent to file the 701 motion if the friend has already bonded out and the friend really doesn't have much of a remedy at this time.
Nonetheless, if that much time has passed, it sounds as though the District Attorney is having some type of trouble with the case; and, as such, they may end up refusing to prosecute the case.
Best of luck to you and your friend!See question
Was put on probation in 2000 for 5 years. It was extended to get the fines and restitution paid out. It was done in 2013, but I thought once it was done, my record would be clear.
Although I cannot be certain without reviewing the record, it sounds as though you entered a plea pursuant to Article 893 of the Code of Criminal Procedure and were told that you could expunge this from your record upon the successful completion of probation. But, as previous counsel mentioned, expungements are not automatic. Rather, you must first file a motion to set aside the plea; and, then file a motion for expungement. This type of matter takes a considerable amount of time to be fully processed. So, you should seek the assistance of counsel and get started as soon as possible.See question