Legal Question in Criminal Law in Louisiana

Re: Breaking and entering accomplice

Your next step should be finding your son a lawyer. His defense needs to be coordinated as early as possible.

Re: Breaking and entering accomplice

Dear LawGuru Friend,

Lawyers are great,if you can afford them. However, if you cannot afford one, you might have to go with a court-appointed lawyer. However, watch out for court-appointed lawyers, sometimes called "Public Defenders"; for they don't do much defending, as I see it. They are more apt to stand your son in line with their many other clients to accept the best offer the D.A. makes. This gives your son a felony, however; and if that can be avoided, that is what you want. There are many ways to avoid a felony conviction, such as checking to see if your parish D.A. has a "Pre-Trial Diversion" program. If so, try to get your son into that. Also, if you have any influential friends, get them to put a good word in for your son with the D.A. The D.A. can prosecute whomever he pleases, and he can refuse to prosecute whomever he pleases. If you can't keep the D.A. from filing charges, then don't rush in to have your son plead guilty. He has the right to a trial. I do not believe in pleading guilty, especially for a first offender; unless the D.A. makes me an offer I can't refuse. In my opinion, a plea of guilty and being found guilty after trial are the same thing: GUILTY. Sometimes I think the defendant is better off being found guilty after trial than pleding guilty, for the judge gets to know him during trial and the judge tends to go easier on him. I would like to know what parish you are in. That could make a lot of difference. As I say, look out for so-called "Public Defender" lawyers! Shop around for a lawyer who will take this case, and get the cheapest one you can and let him know from the very outset that you do not intend for your son to plead guilty. If he is not willing to go to trial to get your son off, then don't hire him. Your son has the right to a trial by jury, and he should demand that right. Also, you can talk to the D.A. and see if the D.A. won't at some time in the process reduce the charge to a misdemeanor in return for a plea. This is much better than a felony conviction. As a last resort, study what an 893 plea is, and look into the possiblility of an 893 plea, whereby your son pleads guilty, gets put on probation, but upon the successful completion of his probation he is allowed to withdraw his former plea of guilty and the charge is dismissed; so that he can fill out a job or other application and truthfully say he has never been convicted of a crime. Whatever you do, don't rush it! Learn as much as you can about the criminal justice system in your parish, about your D.A., about your legal rights, about an 893 (felony) and 894 (misdemeanor) plea, and about pre-trial diversion; and then make your choices and decisions after thinking them through. Feel free to call me or e-mail me to discuss this furthter. There is more to it all than this, but this is something to think about. Best of luck to you and your son!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA