Legal Question in Personal Injury in Louisiana

Re: Help

Hi. The prosecutor is permitted to amend the charges brought against a defendant. The plea bargaining process results from what is referred to as "prosecutorial discretion." I do not know of a way that you can force a prosecutor to back out of a deal if it was a valid plea bargain. However, you still have a cause of action (can sue and recover) for personal injuries and property damage. The guilty plea to the "careless operation" can be used against the defendant...in fact, are you sure it was guilty and not "nolo contendre". Moreover, I was wondering whether restitution was ordered by the court. Please let me extend my empathy for your pain, suffering, and losses. I have a lower back injury caused by another driver's fault and I truly do understand the emotional agony as well as the physical pain, the lingering anger, and your frustration with the judicial system. What insurance coverage did the other party have? Did you have UM coverage? This coverage is not only for uninsured, but is for UNDERINSURED drivers. It is often referred to in Louisiana as the most important coverage you have. If I can help you further, please let me know.

Re: Help

Your question is actually a criminal law question, but you deserve the most complete answer. As a former prosecutor let me say the following:

1. Legally the prosecutor has the absolute constitutional right to amend a charge. This is because this case is not your case against the offender, but the State's case against him.

2. You are a citizen, a taxpayer, and/or a voter. You therefore have the right to visit the prosecutor and question his(her) decision. You have the right to treat the prosecutor like a highly skilled employee. Meaning, they know things that you may not understand, but you're the ultimate boss.

3. You should question the decision and expect a fair and professional answer. If this person is not the elected official, then you should speak to his superior until you either get treated fairly or have spoken to someone that you can vote against.

All of this being said, you still have the remedy of civil litigation, which is your case against the offender. A good personal injury lawyer can assess your chances in this matter.