Legal Question in Criminal Law in Louisiana

LOUISIANA FELON W/ FIREARM CLEANSING PERIOD QUESTION??

Under the LSA R.S. 14:91.1 (I think that is right... Trying to site the Felon w/ firearm)

It says that the statute does not apply to a person not convicted of any felony ten years from DATE OF COMPLETION OF SENTENCE, PROBATION, PAROLE OR SUSPENSION OF SENTENCE.

Ok, someone told me that this means the completion of the Sentence that you Would have gotten if you didn't plea. For example, say you were charged w/ simple burglary and you accepted a plea under Art. 893 (never went back to have prosc dismissed after completion of probation, but anyway..) and they sentenced you to 3 years at Hard Labor, Suspended to: Two years probation. My question is, under the 14:95 felon w/ firearm, which of these do you have to complete for the ten year cleansing period to be finished in order to be able to apply w/ the sheriff for a permit? Is it the PROBATION period of two years or the ORIGINAL SENTENCE of 3 years? [Yes everything was completed satisfatory w/ probation


Asked on 10/07/09, 11:56 am

1 Answer from Attorneys
Jarrett Ambeau The Ambeau Law Firm

You received a sentence of 3 years, the sentence was suspended and you were made to serve 2 years probation, I would suggest that your sentence was for 2 years, as the 3 years sentence was suspended, and you would qualify after 10 years passes from the completion of the probation. The Louisiana Court of Appeals for the First Circuit agrees, holding in State v. Miller, in 1986, that proof of the original sentence was insufficient to charge a felon with this statute, La. R.S. 14:95.1, because probation could have ended sooner. This tells same that the significant date is the end of the probation, as that is the end of your sentence for the crime committed.

Good luck to you. And congrats on staying out of the system for the last 10 years, it is a testament to your character.

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Answered on 10/21/09, 12:19 am


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