Legal Question in Criminal Law in Louisiana

Re: Misdemeanor possession

The bill of information charged by the DA should show if you are being prosecuted for a felony or misdemeanor. For the DA to prosecute you on a felony, he would have to have a certified copy of court minutes showing you were previously convicted of possession of marijuana. If he doesn't have the necessary proof for the predicate offense, he can't prosecute for a felony. I suggest you get a continuance for two reasons. (1) you need to hire another attorney and (2) you need to get a certified copy of the court minutes, or a letter from that DA that the first charges against you were dropped, so all they have is a misdemeanor However, you may want to ask the DA if he'll take a plea from you to a misdemeanor, and that may end everything.

Re: Misdemeanor possession

Since second offense Possession of Marijuana is a felony, you want a lawyer.

When you say the lawyer abandoned you, what do you mean? Did he skip town? If so that would be so notorious that if he's local the judge would know. If he is around and was not granted a motion to withdraw, ask the Judge to order him to appear and explain. After that the Judge would probably give you your continuance. If he withdrew months ago and you did nothing about it, then you might have a real problem. If you just learned about this, then the Judge will probably let you have time to find another lawyer.

That being said, to prove the prior conviction, the state must produce certified court records of the conviction. If you were never convicted, then they shouldn't have this paperwork.