QUESTION
Shouldn’t the case against the innocent person that had been thrown out of court in the first place be sealed and destroyed?
Asked on Nov 08th, 2012 on Expungements - Louisiana
More details to this question:
If an innocent person was arrested for a crime they didn't commit, got out of jail on their own recognizance, went to arraignment but the DA dropped the charges, stamped their arraignment notice and sent them home but arrested the right/guilty person. The guilty person is assigned to pay restitution, a few years later disappeared and the DA decides to issue a warrant for the innocent person. The innocent person then turns themselves in to clear case but their attorney tells them to take a plea bargain because all they want is restitution. It seems like the DA was playing seesaw with their beliefs and morals. The innocent person now has a misdemeanor record. Any opinions, comments, advise, etc. on this matter would be highly appreciated.
2 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Certainly you need to counsel with an attorney, Given the facts presented this should not have happened but the devil is in the details. See an attorney now as the time for you to do anything to correct this matter is running.
Answered on Nov 14th, 2012 at 6:36 AM
Criminal Defense Attorney serving Mandeville, LA
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Ross Scaccia, Attorney at Law
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This is pretty 'messed up' ...where do they have attorneys like this in what parish both the prosecutor and the defense attorney are suspect of incompetence, lack of regard for the person, hurry up justice just to clear cases ... I suspect here one of the areas of lawyer misappropriation and disregard of their duties of their licenses to practice law.
Answered on Nov 14th, 2012 at 6:34 AM