Legal Question in Criminal Law in Louisiana

my spouse and i got into a heated argument and it got physical and the police were involved the incident happen in front of my kids so they charged him with child endangerment along with domestic abuse. i went to the DA office to dropped the charges but the state of louisiana picked up the charges. what steps do i need to take to make these charges disappeared because we are currently back to together working on our family.

Asked on 8/17/21, 11:40 am

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

First, the charges always belong to the state. Every crime is defined as "against the peace and dignity of the state." You, and your spouse, do not have the power to "make the charges disappear".

Here are the things you can do to convince the DA, and the judge, to give him some mercy:

1. Get a lawyer, preferably one who regularly practices criminal law. If you cannot afford one, at the first court appearance your spouse should ask the court to appoint him a Public Defender (which is a lawyer paid by someone who isn't you).

2. Get marriage counseling. Fix anything that led to the incident. If one or both of you was drinking or taking drugs, do what you can to stop. If the kids are old enough to know what happened (aged 3 or older), they should see a counselor too.

3. If anything is going to impress the DA, it will be history and behavior after the incident. If one or both of you have a criminal history, especially one that includes violence, the DA is going to be hard to impress. If one or both of you has another violent event after, the DA is going to be hard to impress.

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Answered on 8/18/21, 6:02 am

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