Legal Question in Criminal Law in Louisiana

Re: legal fact about auto theft

Dear LawGuru Friend,

First of all, I assume this is a Louisiana case. If not, then disregard my answer and seek one from a lawyer in the state where the charge is pending.

Secondly, assuming, as the post looked, that the defendant is really innocent of any intentional wrong-doing, then he or she should not plead guilty, but should do everything he or she can do to see that the charge is eventually dropped.

Thirdly, if the defendant is indeed guilty of wrongdoing, or if the defendant stands trial and is convicted, then the judge should be asked not to sentence the defendant to jail, but to place him or her on probation. Also, if the defendant sould elect to enter a plea of guilty, he or she can ask the court to defer sentence and to place him or her on probation under article 893 of the LOUISIANA CODE OF CRIMINAL PROCEDUTE; and, if and when the defendant successfully completes his or her probation, he or she can petition the court to allow him or her to withdraw his or her former plea of guilty and then have the charge dismissed against him or her; and, in most cases, he or she can even file to expunge (clean up and have erased) any adverse police and prosecution record pertaining to the said defendant and to that particular arrest and case. There is more to it all than this, but this is something to think about. Good luck to you and/or your friend who is charged!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA