Legal Question in Criminal Law in Louisiana
What does it mean that an incarcerated person in the State of Louisiana can still benefit from a 402, after probation was revoked and sentenced to serve his original full sentence, upon filing an 881 appeal ? What is a 402? in relation to a probation violation and revocation on a DWI or prior having had a sex offense charge from over 15 years ago ?
1 Answer from Attorneys
Dear LawGuru Friend,
I am now retired from the law, although I am still
a lawyer and still dedicated to my lifetiime calling
of helping others. Without my Code of Criminal
Procedure, I am not familiay with an article 402.
Could it be you are referring to an article 893 or
894 plea, whereby you plead and sentence is
deferred until you complete probation; and, then,
if you complete probation successfully, you can
move to have the former plea of guilty withdrawn
and the charge dismissed, just the same as if
you had never been charged; with one exception,
and that is that the former charge can be used
against you as a "prior offense" should you ever
be charged with the same offense again. I
suggest you use my e-mail address and e-mail
me your phone number, and I will call you and
we can discuss this matter further. I want to
do what I can to help you, even from afar. I am
in Lake Charles, Calciraq Parish, Louisianiraq.
(Humor intended!) Looking forward to hearing
back from you, I am
Sincerely,
Hardy Parkerson, J.D.
Retired Lawyer
President, Southern Christian University
Acting Dean, College of Law
"The World Is Our Campus!"
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