NOLA Criminal Law » Misdemeanor Crimes

Misdemeanor Crimes: The Basics

Townsend Myers — Tue, 26 Jan 2010 00:51:26 +0000

A misdemeanor is a crime for which the maximum possible punishment is incarceration for one year or less. Generally, misdemeanors are crimes that are less violent or involve lower levels of harm than felonies do.

Misdemeanor crimes include crimes such as:

1st offense possession of marijuana
simple battery
theft under $300
minor weapons offenses
domestic violence

In New Orleans most municipal crimes are classified as misdemeanors as well, and are handled in New Orleans Municipal Court. These crimes include:

public intoxication
disturbing the peace
alcohol in a motor vehicle
criminal trespass
failure to pay for food or beverage
soliciting for prostitutes
less severe battery cases

The legal procedures for misdemeanors are usually simpler than for felonies, the penalties less severe and the long-term consequences less harsh.

Penalties typically include fines, property forfeitures or incarceration in a jail for one year or less.
There is no right to a jury for a misdemeanor.
Court procedures may be more relaxed than those for felonies.
Long-term consequences are normally less severe than those of felonies.
Those convicted of misdemeanors retain the right to vote.

Arrested for a Misdemeanor: DOs and DON’Ts

Townsend Myers — Fri, 22 Jan 2010 08:08:14 +0000

This is an overview of what you should and should not do in the event you are arrested and charged with a misdemeanor offense in the State of Louisiana. Share this information with your friends and loved ones who live in or may be traveling to New Orleans, or call me now if you have been arrested and charged with a misdemeanor offense.

You Should:

Contact an experienced criminal defense attorney immediately. If you have been charged with a misdemeanor offense you need a lawyer. The criminal process can be complex and confusing, and it’s important to understand your legal rights. The best way to be informed is to contact a Louisiana criminal attorney.
Be courteous to police officers and comply with (reasonable) commands.
Notice if anyone is around during your arrest or processing. They could be considered a witness in your favor.
Exercise your right to remain silent. You should only answer questions regarding basic information, like your name and address. Do not answer any other questions.

You Should NOT:

Attempt to represent yourself. Though not as serious as felonies, misdemeanor convictions can have serious implications for your future. There are ways an experienced criminal defense attorney can reduce your sentence, or negotiate a plea to a lesser charge or even a dismissal. Give yourself the advantage of professional legal representation.
Speak to anyone about details or facts of the case. Only do so if your attorney says otherwise.
Make any statements. Don’t try to win your case on the street. Be courteous and cooperative, but don’t think for a minute that anything you say to a police officer is going to help you while on the scene. Let an experienced attorney fight and try to win your case in court.

Misdemeanors are serious problems, but at NOLA Criminal Law I have been solving serious problems for people for a long time.

You can call or text me immediately on me cell phone at 504.237.5245, call my office at 504.528.9500, email me at townsend@nolacriminallaw.com, or find @nolalaw on twitter. If you prefer to use the contact for on this page or the “contact” page of this site, I promise your request will be answered very quickly.

Keep in mind that for OUT OF TOWN clients, NOLA Criminal Law can represent you on most misdemeanors without the necessity of you having to travel to New Orleans to appear in court.

Expunging a Misdemeanor Conviction

Admin — Fri, 22 Jan 2010 03:55:16 +0000

In order to have a misdemeanor conviction expunged, the Louisiana State law requires that an individual first have the conviction dismissed and set aside under the provisions of Louisiana Code of Criminal Procedure, Article 894. In order to take advantage of this provision, your attorney must, at the time of your sentencing for a misdemeanor conviction, move the sentencing judge to allow you conviction to be entered under Article 894. This provision of the law allows a judge to dismiss your case set your conviction aside after the successful completion of a period of probation. Only under those circumstances can you move the court to dismiss and set your misdemeanor conviction aside. For that reason, it is imperative to have effective representation from a criminal defense attorney at all stages of the misdemeanor process.

So having the opportunity to fully expunge a misdemeanor conviction requires several things:

Being sentenced under Art. 894 at the time of your conviction
Successfully completing your misdemeanor probation
Filing a Motion to Dismiss and Set Aside your conviction under Art. 894; and
Filing a Motion to Expunge your record.

Though the expungement process itself does not require that you retain an attorney, an experienced criminal defense attorney can help make sure that the process is handled efficiently and effectively.