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Article 894 expungement DWI

Posted on 7/13/15 at 12:50 pm
Posted by sparkinator
Lake Claiborne
Member since Dec 2007
5098 posts
Posted on 7/13/15 at 12:50 pm
My son got a DWI about a year ago. He filed an 894 when going to court for the DWI.

Now it's a year later, and he has fulfilled everything that the court ordered him to do, and want's his record expunged. His lawyer told him he would do it for about $2,000.

My question is, does he actually need a lawyer for this? 2 grand seems kinda high to me.

It's in the court documents and the judge actually stated in court that they were ensuring that he would be able to expunge this incident at a later date.

TIA
Posted by GrammarKnotsi
Hammond
Member since Feb 2013
10173 posts
Posted on 7/13/15 at 12:51 pm to
quote:

2 grand seems kinda high to me.


Your son could have killed any one of us....

frick off
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
45584 posts
Posted on 7/13/15 at 12:51 pm to
I would think you'd want to make sure it's done right. But I have no experience here.
Posted by mikelbr
Baton Rouge
Member since Apr 2008
49110 posts
Posted on 7/13/15 at 12:52 pm to
quote:

My son got a DWI about a year ago. He filed an 894 when going to court for the DWI.

Now it's a year later, and he has fulfilled everything that the court ordered him to do, and want's his record expunged. His lawyer told him he would do it for about $2,000.

My question is, does he actually need a lawyer for this? 2 grand seems kinda high to me.

It's in the court documents and the judge actually stated in court that they were ensuring that he would be able to expunge this incident at a later date.

TIA


That's fricking bullshite on the Attorney's part. I believe there's a fee involved to file for article 894 of NO more than $150-200 IIRC.

Attorney can fill that form out and collect the accompanying police report, and file the shite in a matter of 1-2 hours.
This post was edited on 7/13/15 at 12:53 pm
Posted by UNO
Member since Mar 2015
4961 posts
Posted on 7/13/15 at 12:52 pm to
quote:

My question is, does he actually need a lawyer for this?

No.

ETA: At least not one that is charging $2,000. This is an easy procedure.
This post was edited on 7/13/15 at 12:54 pm
Posted by Rouge
Floston Paradise
Member since Oct 2004
138867 posts
Posted on 7/13/15 at 12:53 pm to
quote:

expungement DWI
Where is the State legislature on this issue?
Posted by UNO
Member since Mar 2015
4961 posts
Posted on 7/13/15 at 12:53 pm to
quote:

I believe there's a fee involved of NO more than $150-200 IIRC.

Fees have gone up.
Posted by motorbreath
New Orleans Saints fan
Member since Jun 2004
6381 posts
Posted on 7/13/15 at 12:53 pm to
Relax. Tell me you've never driven home from a bar after a few drinks or texted while driving(just as dangerous).
Posted by mikelbr
Baton Rouge
Member since Apr 2008
49110 posts
Posted on 7/13/15 at 12:54 pm to
quote:

Fees have gone up.

Not really according to this. I was referring to the 19th JDC for reference.
ebrclerk of court fees

Well I guess it did. You really have to pay all 4 of those fees now to get a fricking misdemeanor off your records? Smh
This post was edited on 7/13/15 at 12:56 pm
Posted by sparkinator
Lake Claiborne
Member since Dec 2007
5098 posts
Posted on 7/13/15 at 12:55 pm to
quote:



That's fricking bullshite on the Attorney's part. I believe there's a fee involved to file for article 894 of NO more than $150-200 IIRC.

Attorney can fill that form out and collect the accompanying police report, and file the shite in a matter of 1-2 hours.


He's going to call the DA's office and see how he can proceed, but it sounded like BS to me as well.
Posted by LewDawg
Member since May 2009
77737 posts
Posted on 7/13/15 at 12:55 pm to
Hell, I've done both at the same time. LA was a wild time in my life
Posted by GrammarKnotsi
Hammond
Member since Feb 2013
10173 posts
Posted on 7/13/15 at 12:55 pm to
quote:

Relax. Tell me you've never driven home from a bar after a few drinks


Nope..And I guarantee you, my parents would not be covering for my arse if I had...

quote:

texted while driving(just as dangerous).



While it is dangerous, it is not as dangerous...

Your son is going to be a complete douche if you take care of shite like this his whole life

Posted by Rantavious
Bossier ''get down'' City
Member since Jan 2007
2132 posts
Posted on 7/13/15 at 12:55 pm to
quote:

That's fricking bullshite on the Attorney's part


Well, of that $2000 that was quoted, $450 is filing costs.
Posted by UNO
Member since Mar 2015
4961 posts
Posted on 7/13/15 at 12:56 pm to
quote:

Not really according to this. I was referring to the 19th JDC for reference.

I mean, that's a lot more than the $150-200 another poster said.
Posted by Rouge
Floston Paradise
Member since Oct 2004
138867 posts
Posted on 7/13/15 at 12:56 pm to
quote:

sparkinator
How can you, in good conscience, complain about something so little when your son is getting a horrible incident removed from his record?
Posted by mikelbr
Baton Rouge
Member since Apr 2008
49110 posts
Posted on 7/13/15 at 12:57 pm to
quote:

Well, of that $2000 that was quoted, $450 is filing costs.


Right. But the actual work an attorney has to do for an expungement is frickin null. File a form. There's no hearing or any kind of research or 'legal' work they have to do except make sure it's filled out properly. frickin lawyers.
This post was edited on 7/13/15 at 12:57 pm
Posted by ForeverLSU02
Albany
Member since Jun 2007
52590 posts
Posted on 7/13/15 at 12:57 pm to
quote:

2 grand seems kinda high to me.
$2k is just a drop in the bucket compared to what could have happened......
Posted by mikelbr
Baton Rouge
Member since Apr 2008
49110 posts
Posted on 7/13/15 at 12:58 pm to
quote:

I mean, that's a lot more than the $150-200 another poster said.


Yea man. I re-read that like WTF. It was about 10 yrs ago when I knew what it cost. I can't believe they make you pay all those fees now? What a crock. Bad as the lawyer charging 1500 to file it.
Posted by mikelbr
Baton Rouge
Member since Apr 2008
49110 posts
Posted on 7/13/15 at 12:59 pm to
quote:

He's going to call the DA's office and see how he can proceed, but it sounded like BS to me as well.


You honestly can do this yourself. It helps to have an attorney proofread it and check it out but that's all they gonna frickin do. Oh maybe his secretary will mail your money orders for you.
Posted by UNO
Member since Mar 2015
4961 posts
Posted on 7/13/15 at 12:59 pm to
It's a very tedious process, but all part of the punishment. They want to make this shite hard for you, and can't really blame them.

Fees went up last summer, from what I remember.
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