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

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.

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.