Gilmer & Giglio are in trial this week. If you contact our office, leave a message, and we will return your call as quickly as possible. We appreciate your patience!
Gilmer & Giglio are in trial this week. If you contact our office, leave a message, and we will return your call as quickly as possible. We appreciate your patience!
Gilmer & Giglio are in trial this week. If you contact our office, leave a message, and we will return your call as quickly as possible. We appreciate your patience!
In Louisiana, criminal charges are either misdemeanors or felonies. As a general rule, misdemeanors are less serious and much less punitive than felonies. Louisiana’s criminal definition statute is found in Title 14 of the Revised Statutes, Section 2. Subsections (4) and (6) define “felony” and “misdemeanor”.
A felony in Louisiana is
“Any crime for which an offender may be sentenced to death or imprisonment at hard labor."
A misdemeanor in Louisiana is
“Any crime other than a felony.”
The other major difference between a felony and a misdemeanor in Louisiana is that individuals charged with felonies are entitled to trial by jury. Although an individual charged with a felony can waive his right to a jury trial, people charged with misdemeanors are only entitled to trial by judge.
You had a court date and you missed it—here’s what you need to know:
When you miss court, the judge will issue a bench warrant for your arrest.
Typically they will set a bond significantly higher than your original bond (usually at least double). This means that if you are pulled over and that warrant has been entered into the system, you will go back to jail.
Of course, you want to avoid going back to jail, so what should you do? Your attorney needs to get the warrant recalled, if possible. This means that you need to immediately gather any documentation or proof you have regarding why you missed court. For example, if you were in rehab, provide your attorney with a certificate of completion, so that she can provide that to the State and the Court. You will likely need to appear in court with your attorney to explain your absence to the court (through your attorney), and request that the bench warrant be recalled. This process needs to be done quickly—the more time passes once you have missed your court date, the more difficult it becomes to get the warrant recalled.
If you need an experienced attorney to help you navigate a situation like this one, call us for a consult at (318) 459-9111.