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What does it mean that an incarcerated person in the State of Louisiana can still benefit from a 402, after probation was revoked and sentenced to serve his original full sentence, upon filing an 881 appeal ?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 ?


Asked on 8/08/09, 12:34 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

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move to have the former plea of guilty withdrawn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

[email protected]

President, Southern Christian University

Acting Dean, College of Law

"The World Is Our Campus!"

Read more
Answered on 8/14/09, 5:24 pm


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