Legal Question in Criminal Law in Louisiana

Re: Supervised Probation

Hardy isn't from here so he's not familiar with the way things work in B.R. Technically, your husband is not "on probation" but he's been released on a reduced bond with a condition that he be monitored while out on bond until his case is disposed of.

Now it is common for judges in cases involving serious crimes or an individual who may be dangerous to the public may require the defendant as a condition of bond to sign up with one of several private probation officers in town. Usually, the condition is imposed as a part of an agreement to lower the bond so the individual can be released from custody. This is not done when the individual simply posts the bond which was originally set. I think this is unfair and contrary to the law, however, I've had to have a number of my clients agree to this to secure their release. No attorney in B.R., to my knowledge, has challenged this practice by the judges, so it continues. From talking with our judges, it appears this gives the judge some added protection if he lets a person out of jail who could not meet what the judge considers adequate bail, the person then commits another crime and the newspaper starts asking questions. Three main private probation officers here are Nick Dalrymple, Ben Canizaro and Eddie Crawford.

Re: Supervised Probation

I'm not from BR. In fact I'm from the same city as Mr. Parkerson.

While it is unusual and unique in the state courts, supervised, pre-trial release is very common in the federal courts.

Re: Supervised Probation

Dear LawGuru Friend,

I find that strange. I assume you are talking about probation for a state charge in Louisiana. Even as a lawyer I would have to look at the articles in the Louisiana Code of Criminal Procedure concerning bail bonds and see what conditions a judge may place on one's bail undertaking. I would like to know more about this matter. Did the judge set a bond amount that your husband had to make, and then add this probation as a further condtion to his bond? I know from experience that judges can attach certain conditons to bond undertakings, such as to stay away from the complaining witness, victim, etc. But to be on probation before one has ever been convicted of any offense is something I have never heard of in the state system. I am pretty sure in the Federal system sometimes the probation officers get involved up front, even before a defendant has ever been convicted of a federal offense; but I am not aware of this having happened in the Louisiana state court system. Of course, there is a lot I do not know, but I do want to check this out and see what I can learn. The first place I will look is at the Louisiana Code of Criminal Procedure's articles on bail bonds. Again, I would like to know more about your husband's case. What parish is this in? What was the dollar amount of his bail bond? Who is the probation officer? Is it the state office of probation and parole handling it, or is it a misdemeanor probation office and/or misdemeanor probation officer? Feel free to call me and discuss this with with me at no charge. My phone is (337) 478-6126; home (337) 478-4370, evenings and weekends. Best of luck to you and to your husband!

Sincerely,

Hardy Parkerson, Atty. - Lake Charles, LA