By Louis Maul December 28, 2017
Most helpful attorney I have used to date. After several attempts to resolve what other had refused, Miller, Hampton & Hilgendorf helped me in a matter of days and made the entire process easy and stress free. ...read more
By Louis Maul December 26, 2017
Very happy with my choice and RESULTS! ...read more
By Jakob Ben May 01, 2017
Great guys, great lawyers, great team. My experience with them was wonderful. I can't say enough about their integrity and desire to please their clients. A job well done! ...read more
Richard J. Tomeny Jr. Attorney at Law8550 United Plaza Blvd #702 Baton Rouge,la 70809 (225) 963-5409 rtomeny@tomenylaw.com http://www.tomenylaw.com ...read more
By Richard J. Tomeny Jr. Attorney at Law July 26, 2015
“893” is simply the code of criminal procedure article that allows for a felony conviction to be expunged after successfully completing probation. So the term “893 plea” simply means you are pleading guilty to a felony with an expungement opportunity. Under article 893, a guilty plea conviction is recorded but a sentence is not imposed. Instead, the offender is placed on to probation. Upon completing the probationary conditions, the probationer can petition the court to set aside and the conviction and having the prosecution dismissed. I suspect the sentence is not imposed in order to read this article in harmony with the procedural articles giving the court discretion to allow a guilty plea to be withdrawn prior to sentencing. A conviction set aside under article 893 has many of the same civil effects as an acquittal but can be used as a prior conviction for any habitual offender or statutory enhancements available on a new arrest and prosecution. However, the restoration of your civil rights does not extend to gun ownership. An 893 conviction can still be used for state and federal gun prosecutions. The benefits of article 893 can only be used one time during an offender’s life. ...read more
By Andre Belanger March 20, 2015
“Multi bill”, or in some jurisdictions, “bitching” is slang for a habitual offender adjudication that will establish a mandatory minimum sentence of imprisonment and eliminate the possibility for early release for good behavior or good time. As a general rule, invoking the multi bill will establish a minimum sentences that is either ½ or ⅔ of the maximum penalty for the convicted offense depending upon whether you are a second or third offender respectively. For example, let’s assume someone was convicted of possessing cocaine. This crime carries a maximum sentence of 5 years or 60 months. As a second offender, the minimum penalty would be half of that-- 2.5 years or 30 months. As a third offender, the minimum penalty is ⅔ of 5 years- nearly 3.5 years or 40 months. Typically, a second or third conviction will double the maximum penalty. So, in the previous example, someone adjudicated a habitual offender on possession of cocaine will have a maximum penalty of 10 years whether they are adjudicated a second or third felony offender. Again, any sentence served is “flat” or “day for day” meaning you must serve the entire sentence and are not eligible for an early release for good behavior. Anyone adjudicated a fourth felony offender is subject to facing a minimum of 20 years in jail and a maximum of life regardless of the crime’s penalty range. Now, certain offenders can face mandatory life in jail depending upon the seriousness of their current and previous convictions. Colloquially, these offenders are known as triple and quad lifers. The habitual offender law does have a ten year cleansing period, meaning that older convictions can not be used against you once ten years have elapsed. However, any time spent in jail or on probation or parole will not count towards satisfying those 10 years. So, in practice, the cleansing period is much longer than 10 years. Lastly,while the multi bill does eliminate “good-time” eligibility, it does not eliminate parole eligibility for everyone so there may be the possibility of parole down the road. ...read more
By Andre Belanger March 20, 2015
Getting a divorce is never a pleasant experience. The cost of attorneys and court fees adds to the stress of the divorce. If both parties are in agreement with no party contesting any part of the divorce, you can file for a DYI uncontested divorce. ...read more
International divorce law can be complicated because national divorce laws vary from one another. If the couple is from different countries, one country's divorce laws may have jurisdiction over the couple in regards to the division of property and custody of children. ...read more