If I Have a Pending Misdemeanor Charge in New Orleans, Do I Need an Attorney?

Each state has its own classification for crimes, and depending on where you are; they can result in various forms of prosecution. In Louisiana, there are two main classifications for criminal activity: misdemeanors and felonies.

In general, felony charges are for more serious crimes, with offenders facing fines of more than $1,000 and prison sentences of over a year (in state prisons). Misdemeanors are classified as all other crimes that are not considered felonies. They aren't punishable by more than a six months prison sentence.

Receiving notice for a pending misdemeanor is never something you wish to happen. While misdemeanors aren't seen as serious crimes, you could experience life-changing punishments that appear on your criminal record if convicted. Facing these charges as a resident in another state creates even more obstacles as the legal process and penalties may be quite different from your home state. If you have an out-of-state pending misdemeanor charge in New Orleans, seek legal representation immediately.

Each offense is punishable by its own penalties, which can be found in the Louisiana Revised Statutes, Title 14. This makes it very important to have a knowledgeable legal team to help fight the case.

According to Louisiana law, a misdemeanor is a crime that isn't regarded as a felony. If you’ve been arrested for a misdemeanor while you’re visiting New Orleans, you may have to post bail or attend multiple court hearings. These legal responsibilities can be expensive and stressful to deal with, particularly if you’re unfamiliar with the out-of-state criminal justice system. A local attorney is always better positioned to assist with navigating these processes while building a strong defense.

There are different variations of misdemeanors according to Louisiana State law. However, some types of misdemeanors are more common for tourists. For example, suppose an Atlanta football fan visits New Orleans for a Saints game and is arrested for assault during a stadium brawl. In that case, they can be charged with a misdemeanor in Louisiana.

Louisiana may also have jurisdiction over misdemeanors if the accused has never entered the state. This is generally related to crimes committed online or over the phone.

Common examples of misdemeanors by people visiting New Orleans include:

• Cyberbullying (abuse via the internet.)This is punishable by up to 6 months in jail, and the accused may be subject to a $500 fine.
• Petty or auto theft where the stolen goods amount to a value under $1,000. If convicted, the accused faces up to a 6-month jail sentence and may receive a fine of $1,000.
• The non-violent violation of a state-issued protective order. This is punishable by up to 6 months in jail and may include a $500 fine.
• Applying graffiti to someone else's property where the damage amounts to less than $500. This crime is punishable by up to 6 months in jail and potentially a $500 fine.
• Disturbing the peace is punishable by up to 90 days in jail and a possible $100 fine.
• Possession of an illegal substance for personal use.

In certain circumstances, misdemeanors can become felonies. For example, if you have previous convictions. Hiring an experienced and knowledgeable attorney gives you the best chance of avoiding a conviction.

Although a pending charge is not a conviction, it appears on a criminal background check.

Louisiana law defines expungementas a process that eliminates any records of arrest, conviction, probation, photos, fingerprints, disposition, or other crime-related information from public access. In most cases, a judge decides whether an expungement is granted.

If possible, you should apply to expunge any summons or conviction as it reduces the potential impact it has on your future in terms of your career, home rental or purchase, and academic opportunities.

Expungement involves obtaining documents related to your original case, then filling out the necessary paperwork with the New Orleans court and relevant parish. You’ll need an experienced lawyer to handle the expungement process because it requires area-specific law knowledge, as well as experience in handling cases of a similar nature.

Legal protection is crucial for any criminal charges. As soon as you are aware that you have pending charges in New Orleans, contact the Law Office of Lance J. Robinson. We're a skilled and experienced law firm in the New Orleans area that can help you learn about your legal rights as you face a pending misdemeanor charge in an unfamiliar state.

Misdemeanor cases often require the accused to appear in court, which is highly inconvenient when you’re living out-of-state. If you're one of our clients, we can make these appearances on your behalf, meaning you won't have to travel or take time off work to fight your case.

At the Law Office of Lance J. Robinson, we have a strong record of successful expungement for misdemeanors, particularly when it comes to traffic offenses and criminal pleas. If you're charged with a misdemeanor while visiting New Orleans, contact us immediately for a free consultation and the best chance of a successful defense.