Legal Question in Criminal Law in Louisiana

My son and a friend were walking for exercise at night down our neighborhood road. They parked their car at the church and the people across the road thought they were uo to something and called the law and said they had come across their yard and trespassed to get them to come out there. The deputy told me later that they call in repeatedly about one thing or another. The deputy found them walking down the road and issued them a ticket. The lady dropped the charges but the prosector still wants to go ahead with it. They will either have to go to court and plead not guilty or they can pay a fine of 417.00. They both have stated they will take a lie detector test stating they were not in her yard. There is also no proof except that she decscribed them and he found them walking. I don't know what to do. If I hire an attorney it will probably cost more than the fine but they did nothing wrong. My son and his friend have walked these roads at night when it is cooler for years. I just need some advice on this matter, Thanks.


Asked on 6/16/10, 2:48 pm

2 Answers from Attorneys
Andrew Casanave Andrew M. Casanave

I would never advise a client to take a police polygraph. Subpoena the lady & the deputy & have a trial. Trespassing is a misdemeanor.

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Answered on 6/16/10, 7:42 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

Ditto what Casanave says. Make them prove their case. You have your son and you testify they walk that property all the time. Maybe you could file a motion for discovery and ask the DA if the complaining couple has ever made such a complaint and to list how many times and dates. But if your kid was really up to no good, you better be careful.

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Answered on 6/17/10, 3:28 pm


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