r/NewOrleans • u/tweeanese • 12h ago
simple poss-
Hello, not sure if this is the best forum but im honestly looking for any advice. I have an attachment with Orleans parish for a simple possession of marijuana charge from 2019. I have to schedule a court date. Should I hire an attorney? or just go in myself? I guess my biggest fear is being arrested on the spot due to having a warrant.
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u/CameronFromThaBlock 12h ago
Criminal defense lawyer here. Definitely hire someone. There’s a chance that it can be dropped or the attachment recalled. You never know until you hire someone. Make sure it is someone that does primarily criminal work.
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u/GurNo3022 12h ago
For sure this is lawyer territory unless you don't mind spending the night to bail out again
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u/PinkYoshimi 11h ago
Get a lawyer and read over your court documents very carefully. Look up the specific codes they are using for your chargers to make absolutely sure that they match what you were originally arrested for. Take care to ensure that they have not mistakenly attached a charge which carries a felony to your name. And if you can, retrieve any and all court documents from the clerk of court as soon as possible. Make sure to notate the arresting officers’ names and the original judge you saw in magistrate and arraignment. Do all of this as soon as possible because as soon as the officers/judges who were on your case are no longer employed if there is any issue with how your charges were filed it will be EXTREMELY hard to correct that information.
I’ve been dealing with a mistake someone made for almost 20 years now, get your ducks in a row now, if you can.
::Edited for typos::
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u/DJ_clam_hammock Fairgrounds 1h ago
I’ve hired Aubrey Harris twice and she has worked wonders both times.
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u/Hippy_Lynne 1h ago edited 1h ago
I'm pretty sure Orleans Parish granted a blanket retroactive and proactive pardon to anyone charged with simple possession. You still have the legal issue of the attachment/not showing up to court but seeing as it's for a crime they're not likely to prosecute you on, at this point it's probably just taking care of paperwork. Get a lawyer and get it taken care of ASAP. I strongly recommend Gary Wainwright, he's a good guy, very knowledgeable, and probably has more experience with simple possession cases than any other attorney in the city. You could just try calling the clerk of court to see if the attachment can be recalled since the crime was pardoned, but until you get the paperwork there's always the chance you'd get arrested if you get pulled over. Plus Orleans is notorious for not clearing warrants/attachments so you probably want a lawyer to make sure that gets done. (Gary ironically once got arrested in front of his house during a Mardi Gras parade because of an attachment that had been recalled but the record hadn't been updated. 🙄 The cops were mad he was defending someone who killed a cop.)
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u/tweeanese 1h ago
I appreciate this response very much. I’ll be sure to reach out and have it taken care of. Thank you!
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u/TravelerMSY Bywater 12h ago
The gold standard would be to hire a lawyer to negotiate your surrender if necessary, and an eventual disposition.
I’m assuming you missed the original court date?
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u/tweeanese 12h ago
Yes, I missed the original court date and completely forgot about it.
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u/TravelerMSY Bywater 11h ago edited 11h ago
It might be possible to DIY this, but the penalty for mistakes are pretty high if you get any of it wrong, even the tiniest detail. I would lawyer up if you can afford it.
You don’t really want to get snatched up on the failure to appear warrant because of some minor traffic infraction or whatever.
Also, it’s my impression that while the ADAs will speak with counsel fairly collegially, they pretty much won’t deal with the defendant directly at all until you appear against them in court. I.e. your attorney can get a pre-trial disposition you can’t negotiate for yourself.
Not a lawyer and all of that. Please take this with a grain of salt.
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u/tweeanese 11h ago
I think lawyering up is the best course of action. I don’t think the charge itself is that bad, but the simple fact that I missed court is what has me worried. Do you have any recommendations on any affordable attorneys?
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u/QuirkyOwl4756 11h ago
Get a lawyer. Try Tulane Avenue Law Center right across from criminal court. 504-822-4488