Results 1 to 2 of 2
  1. #1

    Default Charge with an Illegible Statute Number

    My question involves criminal law for the state of: Louisiana.
    I was recently in New Orleans with my girlfriend. She became quite intoxicated, to the point where she was being belligerent (with me alone) and I, seeing that she was too fargone to be responsible for herself, was attempting to escort her, on foot, to our hotel room. She collapsed on the sidewalk, and myself and another gentleman who took pity were attempting to help her up (I should add that she was verbally and physically resisting me) when two police officers stopped in a cruiser, handcuffed us and issued us citations that turned out to be court summons for later this month. I could not read the statute, and when I asked the officer what the charge was, he said, and I quote "Fighting."
    I do not know what a 'fighting' charge actually will mean in court (assault? public disorder?) but I do know that the officers could not possibly believe that I was fighting. If this is a violent charge, I am a victim, not a perpetrator, and the officers on the scene even remarked that my girlfriend was the problem, I was not. Still, I recieved a citation along with her.
    I have made repeated attempts by phone to find out what my charge is, but have been told that the information is not yet on record with the courthouse, nor can I find out from the precinct, and worse, that the information may not be posted until AFTER the date I am to appear in court. So, I may not find out what I am being charged with until I am standing before the judge.
    I would gladly plead no contest to a public disturbance or related charge, after all, I do assume guilt in as much as I proved unable to stop my girlfriend from going too far, of which I am deeply ashamed. However, I do not wish to plead no contest, which I assume to be as good as pleading guilty, to a charge that I did not committ, especially a violent one.
    I am also, to make matters even worse, currently interviewing for a good job, which I have basically been offered, pending a background check. Before this, my record would appear completely clean save for a few minor traffic offenses. Now, I am terrified to have this show up, and while I would like to tell my potential employers what is going on up front, I can't even tell them what I am being charged with! I am also afraid that if I enter a plea of not guilty, I will have to return to New Orleans again, and face an actual trial. I cannot afford an attorney, and I would be ashamed beyond measure to involve any friends and/or family in this matter.
    I realize this is an unclear situation, but I have explained it as well as I know too, and I appreciate any and all advice you can give me. Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Charge with an Illegible Statute Number

    We can't investigate the charge for you and, even if we could, as you've stated there's nothing in the court file that we could look at to inform you of the charge.

    Consider speaking with a local criminal defense lawyer. Perhaps he can decipher the statute. Perhaps this one:
    Quote Quoting Louisiana RS 14:103§103. Disturbing the peace
    A. Disturbing the peace is the doing of any of the following in such manner as would foreseeably disturb or alarm the public:
    (1) Engaging in a fistic encounter; or

    (2) Addressing any offensive, derisive, or annoying words to any other person who is lawfully in any street, or other public place; or call him by any offensive or derisive name, or make any noise or exclamation in his presence and hearing with the intent to deride, offend, or annoy him, or to prevent him from pursuing his lawful business, occupation, or duty; or

    (3) Appearing in an intoxicated condition; or

    (4) Engaging in any act in a violent and tumultuous manner by any three or more persons; or

    (5) Holding of an unlawful assembly; or

    (6) Interruption of any lawful assembly of people; or

    (7) Intentionally engaging in any act or any utterance, gesture, or display designed to disrupt a funeral, funeral home viewing, funeral procession, wake, memorial service, or burial of a deceased person.

    (8) Intentionally blocking, impeding, inhibiting, or in any other manner obstructing or interfering with access into or from any building or parking lot of a building in which a funeral, wake, memorial service, or burial is being conducted, or any burial plot or the parking lot of the cemetery in which a funeral, wake, memorial service, or burial is being conducted.
    B.
    (1) Whoever commits the crime of disturbing the peace shall be fined not more than one hundred dollars or imprisoned for not more than ninety days, or both.

    (2) Whoever commits the crime of disturbing the peace as provided in Paragraphs (A)(7) and (8) of this Section shall be fined not more than one hundred dollars or imprisoned for not more than six months, or both.

    1. Sponsored Links
       

Similar Threads

  1. Medical Malpractice: Illegible Records
    By lane99 in forum Malpractice Law
    Replies: 3
    Last Post: 03-06-2011, 11:10 AM
  2. Ticket Errors: No Statute Number Given on Ticket
    By catgiggles in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 02-26-2011, 12:44 PM
  3. Ticket Errors: Statute Number Used, But Marked as an Ordinance Violation
    By msgray in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 07-03-2010, 09:59 AM
  4. Ticket Errors: Incorrect CVC with Illegible Description
    By we1102 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 11
    Last Post: 05-28-2010, 01:49 PM
  5. Ticket Errors: Wrong Statute, Wrong Location, and No License Plate Number
    By ghess in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 11-15-2007, 11:20 AM
 
 
Sponsored Links

Legal Help, Information and Resources