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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89361
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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my father had a warrant issued out for his arrest (from 2006)

Customer Question

my father had a warrant issued out for his arrest (from 2006) for writing worhtless checks (totaling 3000) and was arrested and placed in holding/jail today. He is being held till the sheriffs settle on a date to transport him to Louisiana later this week. The warrant was issued in Louisiana, but we live in TX...I just recently called the Louisiana sheriffs office and they told me that the bail bond amount was set for $6,000...I am trying to do this the quickest way possible, without my dad having to leave Texas, any advice and does anyone know a lawyer that practices in TX and LA? What should I do?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
Unless the Louisiana court agrees to allow him to pay the bond in Texas, they will not release him in Texas, they will make him go to Louisiana be booked there and then he can pay his bond there. It is rare that the LA courts would agree to him paying the bond in Texas. The best way to handle this is an attorney in LA in the parish where the warrant was issued and have that attorney work out a deal where he can put up the bond in LA for your father and guarantee your father's appearance in court when needed.

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Customer: replied 5 years ago.

How can I find an attorney that handles this type of matter? and what type of lawyer am I looking for? What happens after we pay the bond, and after we receive the court date? What happens in court? Is he going to have to serve jail sentencing for only 3k worth of bad checks??? :(

Expert:  Law Educator, Esq. replied 5 years ago.
You are looking for a criminal attorney and the best place to find one is the same site used by other attorneys, DANGEROUS URL REMOVED

The charge in LA is a felony and punishable by up to ten years in prison and a fine of up to $3000 (See: RS 14:71). After he pays his bond he will be arraigned and get to plead guilty or not guilty. If he has not been indicted by the grand jury for the charges, then he will have the opportunity for a preliminary hearing to determine if probable cause exists. Next, the court will set the matter for trial.

If this is his first offense, then it is likely he will not be sentenced to jail, especially if he makes restituion to the people to whom he wrote the bad checks.
Customer: replied 5 years ago.
this is his very FIRST offense, and we have no clue on how to do anything and all we are doing is worrying and going crazy! He flew in from overseas this morning, and the airport security just arrested him! I am just worried he will be sentenced to jail!, which I hope is not the case.--and you said this is unlikely? I've heard many stories on Louisiana and how they operate, and I am quite worried. My other concern is that this is going to cost us $$$$. his bond is already 6000, do we get this back? Should I invest in a criminal defense attorney at this point? I just do not want my dad sent to Louisiana by himself, and hoping to find ways to see if we can pay the bond using an "interstate bond". (And also, the site you referred to me, was blocked, please send it without using .com. ) and also.....how much am I looking at with attorney costs and court fees alltogheter once we are done with this?
Expert:  Law Educator, Esq. replied 5 years ago.
The Louisiana courts and justice system are very severe and they do issue stiff sentences, but on cases such as this, it is unlikely he will get more than probation as a first offender. His bond would be refuded to him at the conclusion of the case. AS far as the interstate bond, LA does not generally accept them.

The site I gave you is http://www.martindale.com
Customer: replied 5 years ago.
when you say probation, what do you mean by that? what type of probation sentences are there for this type of matteR?
Expert:  Law Educator, Esq. replied 5 years ago.
The LA courts would likely hand out a "suspended sentence" meaning he would be sentenced to jail and suspend it in lieu of probation for the same number of years and the court has the choice in LA whether or not it would be supervised or unsupervised probation and he would have to make arrangements to serve the probation out of state.
Customer: replied 5 years ago.

but he lives in TX, woudn't they have to make these arrangments for him to serve out of LA? and what if they don't, how does one serve probation in state which they do not live in? and when you say suspended sentence...you mean probation outside of jail, am i getting this right?

Expert:  Law Educator, Esq. replied 5 years ago.
As I said, the court would, and does often, make arrangements to serve the probation in Texas, of course it would prevent him from leaving Texas with the exception to travel to Louisiana. And if the probation is unsupervised, then this is not a big deal. If the court orders supervised probation, then the Texas probation office would have to be willing to accept him.

A suspended sentence is where he is sentenced to (for example) 5 years in prison and the court suspends (puts off) that sentence and gives him 5 years probation. During that probation if he violates the probation the court can revoke it and make him serve the entire 5 years.
Customer: replied 5 years ago.

Great, the law is just so complicated, this is so much for all of us to take in considering no one in our family has been in this type of situation, and no one really knows what to do or how to handle this.

 

When you say supervised, does that mean someone has to be with him 24/7?

 

Do you think I should start looking for a lawyer at this point? or wait till after we pay the bond amount and get my dad home and look for one with him when we get our letter to appear in court in the mail?

Expert:  Law Educator, Esq. replied 5 years ago.
No, supervised means he has to report to a probation officer on a regular basis.

I think you MUST have an attorney at this point and get the case moving. An attorney may be even able to work out a deal to get this worked out before it even gets to a trial. Also, you want an attorney involved as soon as possible, not later so the attorney can work on helping him with this matter.
Customer: replied 5 years ago.
I need a lawyer, its new years day and i feel like i cant do anything today! do most lawyers offer free consult? is that what i should even be asking for? what type of expenses am i looking at for this type of case...is there anything that could be done today?
Expert:  Law Educator, Esq. replied 5 years ago.
Most lawyers do a free consult for the first visit. You will need a criminal defense attorney and are looking at paying about $3000 or more for a defense attorney.

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