Legal Question in Family Law in Louisiana
Restraining Order
My exboyfriend who I have a restraining order against stole a cell phone and cash from my car. We have a lot of mutual friends so from time to time we are in the same place. I called and reported it to the police, and they just blew me off because they said I had a restraining order and should not have been around him. My exboyfriend told them that I let him borrow the stuff so the police took it from him and returned it to me. He is now in jail on a simple burglary of a dwelling charge which his parents pressed on him. They are trying to drop the charges through the DA's office. The police said that I could still try to get the DA to press charges. I had other evidence that they would not look at or consider. Should I contact the DA's office? Also, would the DA's office be less likely to drop the burglary charges if they knew about this. He has also skipped out on bail twice and has several other misdemeanor charges. Also, what is a typical sentence for simple burglary of a dwelling charge? If I pushed the theft charges, what would likely happen as far as sentencing?
1 Answer from Attorneys
Re: Restraining Order
The decisions the DA makes about your case should be based upon the strength of the evidence in the case. While it is always harder to prosecute a case the police did not investigate, the DA has the right to charge someone without the aid of the police. The DA also has the right to not prosecute.
Certainly, continued bad behavior can influence the DA about dismissing existing charges. This can include his behavior toward you, his skipping bail, his other charges, etc. Understand that the DA's discretion is absolute under the Louisiana Constitution.
There is no typical sentence for this type of burglary. The lawful sentencing range is in the statute. The DA or a local criminal lawyer will have an idea how certain judges in the district sentence for certain crimes.
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