Legal Question in Criminal Law in Louisiana
In September of 2009 I was arrested and charged with felony theft and device access fraud. A past employer has accused me of stealing money from the company and using company credit cards for personal use. Although there is some truth to the allegations, I am not guilty of everything I have been accused of. I found out today, February 22, 2010, that I missed my court date for arraignment because I was never served with the date. Now I have a bench warrant for failure to appear. I am freaking out because of the situation and now it has turned into even more of a mess. My question is this.....can I be charged with failure to appear if I was never served court papers or notified of my court date? and what should I plea to the charges? I am being accused of stealing over 10,000 and I did not wrongfully take no where near that much money. Also, is pre-trial diversion something I should try and get? How does it work?
1 Answer from Attorneys
Answer the bench warrant as soon as possible. Most judges are more understanding of defendants who appear voluntarily and relatively soon after the scheduled date. Plead not guilty and get a lawyer. Explain to that lawyer what you are (and are not) guilty of.
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