Hi, My name is XXXXX XXXXX I'd be happy to answer your questions today.
Are you talking about a second DUI, or a different type of repeat offender?
different type of repeat offender
possession of MJ for both
Ok. That's what I thought, but I wanted to be sure. Let me pull up the statutes for you.
Did the person do deferred adjudication for the first offense?
There are a couple of bills the legislatures has been considering. I'm just checking to see the status of each of them.
sorry for my ignorance but "deferred adjudication"?? Since you work in NY are your familiar with the Louisiana code too?
Deferred adjudication is a term used in a few states and in the federal system. It means, basically, that if you do probation for awhile and jump through all the hoops, the charges are dismissed.
then no he did jail time
I am actually in Massachusetts - I don't know why it says NY. But I have significant experience researching pending bills and can look up the laws in all states.
Ok. Senate Bill 576 was signed by the governor, so it did go into effect. It changed the previous law so that, now, a second-time drug offender (even with marijuana) will pay a minimum fine of $250, and set a mandatory minimum prison term of 48 hours.
Sorry I made a mistake, the first offense was possession and the second was simple buglary(even though he was asked into thehome by the owner and didn't take a thing) He was multibilled as a 2 time loser for 24 years flat
He was sentenced to 24 years for simple burglary?
His original sentence for the simple burglary was 12 , then he was billed as a multiple offender (2 time loser) for 24. Is a 2 time loser multibill appropriate here?
I, personally, don't think those laws are "appropriate" most of the time. But let me look at the statute to see if it's legal.
or does it matter now that its done, its done and done?
It matters. If it's an illegal sentence, he can appeal.
Did the first offense involve distribution, manufacture, or intent to distribute?
did you find out if it is legal?
Unfortuantely I don't know for sure that information and dont want to mis-speak again
That's OK. From what you've said, the first offense was a felony, and that's what's more relevant.
Unfortunately, yes, it's legal. The statute says that, if the second felony is one for which the allowable sentence is less than life imprisonment, which this is, then the maximum sentence is twice the usual allowable sentence.
It's Louisiana Revised Statutes,15:219.1(A)(1)(a).
ok so now we have to find a lawyer who wont take our money ( happened already) or lie about which state they are liscenced in (happened already) or do the barest of essential to come up with something resembling legal work (happened 7 times already)
I'm sorry - most lawyers shouldn't do those things. To start, look at http://www.martindale.com or the LA Bar Referral Service.
IF a lawyer told you that he was licensed in the state and he is not, or otherwise behaved unethically, you can report him to the state Bar Association.
Good luck with everything.
yeah everybody looks good on paper and talks a good game but at the end of the day it comes down to does lawyer x still have a heart and believe in people.
We've reported them and still nothing. Oh well God doesn't sleep, thanks for your time
I have to believe that some of us do.
me too thaat is why I keep looking lives aren't worth throwing away for erroneous and clouded judgements
Good luck in your career too
- - - -
Please click “ACCEPT” so I get credit for helping you today. Feedback & bonuses are appreciated. This Answer is for informational purposes only – no attorney/client relationship is established. To request my help in the future, please put "For Lucy" in the subject of your question. Thank you for using Just Answer.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).