Lately, many underage visitors in New Orleans find themselves with a summons for Municipal Court for a Minor in Possession of Alcohol charge, also known as a MIP.

DON”T WORRY ABOUT IT. I promise you that you are not the first person like you that I have represented. I have done this for 15 years, and as a matter of fact, I represent 10-15 people like you every month!

There are a variety of ways to help you get Municipal misdemeanors dismissed or otherwise kept off of your permanent records. In most situations these cases can be handled without the presence of the defendant, meaning that if you are from out of town, or just can’t be in court, your case can be handled without the need for you to be there.

First things first – If you are here for a friend or loved one who is still in jail for a Municipal violation and they are still in jail please see this post for information on how I can help you get them out of jail.

If you are out of jail on bond know this: the worst is over! Unless you do something really stupid, you are NOT going back to jail, and in most cases your problems are on their way to being a bad memory.

• You can post the entire amount of the bond in cash with the court. This, not surprisingly, is know as a CASH BOND. At the conclusion of the case, you will have the entire amount of the bond you posted refunded to you.
• You can contact a licensed bail bondsman to post a COMMERCIAL SURETY BOND, more commonly known as a bail bond. This service is helpful if you cannot afford to post the entire amount of the bond in cash. For a fee (usually around 13% of the total bond), a bail bondsman will post the total amount of the bond for you. This fee is non-refundable.
• You may post a PROPERTY BOND. The court allows real property to be posted as bond, so long as there is sufficient equity in the proposed property to cover the full amount of the bond. The court holds and records a mortgage against the property in the amount of the bond, and cancels the mortgage only after the conclusion of the case. There is sometimes a fee associated with a property bond (to cover the cost of filing and recording the mortgage).
• A judge may choose to issue a RELEASE ON RECOGNIZANCE, or ROR bond. This is known in some states as a personal recognizance bond. It requires merely that a defendant sign a promise to return to court for trial whenever notified, but does not require posting any money either with the court or with a bail bondsman. Frequently, the services of a reputable attorney can be useful in appealing for a recognizance bond, as judges are more likely to grant this type of bond when they know a defendant is represented by counsel.
• A judge may grant a PERSONAL SURETY BOND (PSBU). This is similar to an ROR bond, except it is a signature bond by someone other than the defendant who pledges (but does not post) the full amount of the bond. Typically a hearing is held where the person signing the bond must establish that they have sufficient assets to cover the bond amount should the defendant forfeit the bond by failing to appear at court. If the bond is forfeited, the court can demand the amount of the bond from the signer of the bond, otherwise no money is ever required. In Orleans Parish there is a $200.00 fee for a PSBU.

An experienced attorney can:

• Help protect an arrested subject’s rights after arrest
• Insure that a bond is set in a timely manner
• Insure that bond is set at an appropriate amount
• Make a motion to reduce a bond that has been set too high
• Recommend a reputably bonding company to post bond
• Assist in the possible release of a defendant on their own recognizance

• murder / homicide
• manslaughter
• aggravated assault
• simple battery
• second degree battery
• aggravated battery
• arson
• kidnapping
• rape
• armed robbery
• first degree robbery
• simple robbery

Violent crimes generally carry more serious sentences, and in almost all case do not carry the possibility of probation. Because of this, it is very important that you contact an attorney as soon as possible to begin to prepare your defense for any violent crime charge.

Drug-related crimes usually involve the following illegal drugs:

• Marijuana
• Heroin
• Cocaine (including Crack cocaine)
• Methamphetamine
• LSD
• Ecstasy
• Prescription drugs

In general the types of offenses charged include:

• Drug possession
• Possession with the intent to sell drugs
• Distribution of drugs
• Cultivation and manufacturing drugs
• Possession of drug paraphernalia

Punishment for drug possession varies greatly in severity depending on the type and the amount of drug involved. Possession of marijuana, for instance, is a misdemeanor offense, punishable by up to 6 months in Parish Prison. For all other types of drugs, a convicted individual will face significantly more severe penalties, as even the simple possession of all other drugs (including prescription pills) are felony offenses.

The laws and potential sentences vary depending on the type of drug involved, the particular offense charged, and the amount of drugs involved in the offense. Additionally, in all felony offenses, your sentence can vary depending upon your prior criminal history.

Because of the complicated nature of Louisiana law, you need an experienced and knowledgeable criminal defense attorney to serve you throughout your drug arrest and trial.

In addition to the possibility of incarceration, the  long-term consequences of a felony conviction may include the loss of the right to vote; ineligibility for elected office or professional licenses; and restrictions on the right to possess weapons.

Many felony crimes DO however carry the possibility of probation, and even those crimes that carry mandatory prison time can be negotiated down by a skilled attorney to a lesser charge for which probation is an option. It is extremely important when charged with a felony offense to retain an experienced criminal defense attorney to assist you.

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.

No matter what your situation may be, YOU ARE IN THE RIGHT PLACE.  You’ve landed at the online home of NOLA Criminal Law. I am attorney Townsend Myers, and I am here to answer your questions and help you solve your problem.

My goal is simple. To provide honest, straightforward answers to your criminal law questions, and give you an objective legal opinion regarding your case. Most importantly, I am here to help you through a difficult time; to guide you through the often uncomfortable journey into (and out of) the criminal justice system.

Having practiced criminal defense law for over fifteen years, there’s not much people can get arrested for that I haven’t already seen and dealt with firsthand. Therefore, I can tell you a few things for certain:

1) Your case can be handled. This is not the first time I’ve helped someone get out of jail/expunge a conviction/get their drivers license back.

2) It will be okay. Though this may feel like the end of the world, you can–and will–get through it. Promise.

3) You’re hopefully not going (back) to jail. The overall legal outcome is not likely to be as dire as you might think.

4) You don’t have to do this on your own. In fact, I strongly encourage you NOT to attempt handling your case by yourself. A capable, experienced attorney will not only speed up the process, but also ensure your situation is handled correctly, thoroughly, and permanently the first time around.

NOLA Criminal Law specializes in capable, honest, non-judgmental legal representation to make this difficult time as easy as possible on you and your loved ones. You will get through this, and I can help. Call 504.237.5245 today for a free case evaluation.

I began the practice of law in 1993 with a promise to myself that I would offer my clients an unparalleled personal, professional approach to criminal defense. My commitment to Honesty, Availability, Service, and Experience is the reason my practice has grown into what it is today.

Please call now. The longer you wait, the greater the consequences will be. An arrest, criminal charge or conviction is a serious issue, but it doesn’t have to ruin your life. You can reach me, Townsend Myers, via phone, text message, Facebook, Twitter or email. Don’t wait. Take action right away. You’ll be glad that you did.

LET ME HELP YOU SOLVE THIS PROBLEM.

In Louisiana there are several ways to go about posting bond:

• In Louisiana lawyers are allowed to request PERSONAL RECOGNIZANCE releases for their clients from judges and other elected officials for specified non-violent offenses. Most typical non-violent cases you will be inquiring about fall into this category. So it is quite possible that I can help you get your friend or loved one out of jail without needing to involve a bail bondsman or other surety agent. This can help save substantial time and money.
• You can post the entire amount of the bond in cash with the court. This, not surprisingly, is know as a CASH BOND. At the conclusion of the case, you will have the entire amount of the bond you posted refunded to you.
• You can contact a licensed bail bondsman to post a COMMERCIAL SURETY BOND, more commonly known as a bail bond. This service is helpful if you cannot afford to post the entire amount of the bond in cash. For a fee (usually around 13% of the total bond), a bail bondsman will post the total amount of the bond for you. This fee is non-refundable.

The possibility of obtaining an unsecured personal recognizance bond can be especially helpful for arrested individuals who live out of state (students, tourists, business people, convention goers, etc.), as  in many cases the standard practice of commercial bonding is limited to people with substantial ties to the area. That is, if you are not from the New Orleans area most bail bond companies will not offer to bond you out of jail. That means that in many cases your only option would be to post the full cash bond, which can be prohibitively expensive, unless you secure the services of a lawyer.

Call or text me at (504)237-5245, or email me using one of the contact forms on this website. I promise you will hear from me immediately, especially if you indicate that the matter involves someone who is currently incarcerated.

It is important to get a qualified criminal defense attorney involved as soon as possible after arrest to help protect the rights of the arrested person, as well as to help friends and family navigate the complexities of post-arrest court proceedings and the procedures associated with posting bail.

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.