Legal Question in Criminal Law in Louisiana

Re: Trespassing Citation

Dear LawGuru Freind,

I do not suggest that she just go in and plead guilty. Although Trespassing is a minor crime, it is still a crime; and if she is ever asked is she has been convicted of a "crime", she would have to answer yes to tell the truth. Such petty charges are sometimes easy to "beat", even if one is legally and technically "guilty" of them. First of all, if you can afford a lawyer, yes, you should have one. If not, you can even ask for court-appointed counsel. Further, you can now approach the prosecutor and ask that he not prosoecute the charge, or that your daughter be placed in a "Pre-Trial Diversion" program where the charge is not actually brought against her; or, as a last resort, you can do an article 894 (LA Code of Criminal Procedure) plea whereby she pleads guilty, sentence is deferred, and she is placed on probation; and when the probation is successfully completed, she is allowed to withdraw her guilty plea and the charge is dismissed. This does not lead to a conviction. Following the dismissal of the charge, she can file to have her arrest record "expunged", wiped off the records of the state, cops, etc. If this is a Louisiana case and you want to call me from wherever you are in Louisiana, I shall be glad to discuss it with you further. I am easy to get hold of in my home town, if you just go through directory information. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

Re: Trespassing Citation

Trespassing is a minor misdemeanor. If they are guilty and can pay the citation without a court appearance they should.