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re: Article 894 expungement DWI

Posted on 7/13/15 at 2:34 pm to
Posted by theronswanson
House built with my hands
Member since Feb 2012
3272 posts
Posted on 7/13/15 at 2:34 pm to
quote:

How is this wrong?


Where in 894 does it say the charges HAVE to be dropped?
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 7/13/15 at 2:34 pm to
Spark, I just talked to someone who is very connected with the new DA in Lincoln. He said he charges $1350 for a DWI expungement after an 894.

Let me know if you want his cell number.
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 7/13/15 at 2:36 pm to
quote:

Where in 894 does it say the charges HAVE to be dropped?


Where did I say that? Oh. You are playing semantics. Got it. In the real world, if you fulfill the terms of the sentence, you have one last court date and the judge dismisses your charges under the terms of your 894 plea. Better?
This post was edited on 7/13/15 at 2:41 pm
Posted by biglego
San Francisco
Member since Nov 2007
85592 posts
Posted on 7/13/15 at 2:36 pm to
When you plead 894, the sentenced is deferred. Then when you're done everything you file a motion to set aside and motion for expungement.

Expungements are huge pains in the arse sometimes, sometimes they aren't. The filing costs alone are $500+. Most lawyers will do it for a few hundred bucks.

Is an expungement worth it? Probably but be aware that even an expunged conviction will be visible to law enforcement and certain industries like law, medical, etc.
Posted by lsuwontonwrap
Member since Aug 2012
34147 posts
Posted on 7/13/15 at 2:40 pm to
quote:

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



You're a fricking idiot. Stop talking.
Posted by sparkinator
Lake Claiborne
Member since Dec 2007
5098 posts
Posted on 7/13/15 at 2:43 pm to
quote:

Spark, I just talked to someone who is very connected with the new DA in Lincoln. He said he charges $1350 for a DWI expungement after an 894.

Let me know if you want his cell number.


Deleted email

I'll forward it to my son.

Thanks
This post was edited on 7/13/15 at 2:50 pm
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 7/13/15 at 2:51 pm to
I didn't get your email address.

One more time.


This post was edited on 7/13/15 at 2:55 pm
Posted by sparkinator
Lake Claiborne
Member since Dec 2007
5098 posts
Posted on 7/13/15 at 2:54 pm to
got it
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 7/13/15 at 2:55 pm to
Good deal.
Posted by Monk
Baton Rouge
Member since Aug 2007
3660 posts
Posted on 7/13/15 at 3:03 pm to
If it seems high, don't pay it. I don't see anything difficult about it. Just get another quote.

That's the beauty of getting quotes, people that need the work will do it cheap while others won't. Maybe you can get someone to do it for $200 or maybe you can get someone to do it right for $750.
Posted by Dizz
Member since May 2008
16224 posts
Posted on 7/13/15 at 3:41 pm to
A lot of attorney's are gonna charge around 1000-1200 and that should include filing fees.
Posted by 82fumanchu
Saskatchewan
Member since Jan 2014
2004 posts
Posted on 7/13/15 at 3:50 pm to
quote:

Think that would happen if I got a texting ticket.?


quote:

Your could have killed any one of us.... frick off
Posted by piratedude
baton rouge
Member since Oct 2009
2811 posts
Posted on 7/13/15 at 5:42 pm to
$2,000 is a little high. I don't think there is a filing fee for the clerk in criminal cases, but the fees to the various agencies that keep records amounts to $358 i think. maybe a 3 hours work, including the monthly call from the client for 2 years wondering when he will get confirmation from the agencies that it is done.
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 7/13/15 at 5:45 pm to
quote:

including the monthly call from the client for 2 years wondering when he will get confirmation from the agencies that it is done.


This is why I'd charge $3,000. Because it takes that long. It's just a huge pain in the arse.
Posted by zeebo
Hammond
Member since Jan 2008
5437 posts
Posted on 7/13/15 at 6:11 pm to
There is office rent, utilities, rental on the copy machine, phone system, office supplies, secretary salary health care workers comp, malpractice insurance, office furniture, advertising budget and a lot more. Saying its a simple form doesn't reflect the reality of being open for business.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 7/13/15 at 6:50 pm to
quote:

There is office rent, utilities, rental on the copy machine, phone system, office supplies, secretary salary health care workers comp, malpractice insurance, office furniture, advertising budget and a lot more. Saying its a simple form doesn't reflect the reality of being open for business.


Don't forget the 5 or 6 figure student loan.
Posted by piratedude
baton rouge
Member since Oct 2009
2811 posts
Posted on 7/13/15 at 6:54 pm to
quote:

There is office rent, utilities, rental on the copy machine, phone system, office supplies, secretary salary health care workers comp, malpractice insurance, office furniture, advertising budget and a lot more.


yep, all that goes into the hourly rate. how about the out of pocket costs and lost revenue opportunities for 7.5 years while you get your undergrad and jd?

also, there is a certain value to knowing which form to use.
Posted by tiger91
In my own little world
Member since Nov 2005
40276 posts
Posted on 7/13/15 at 6:56 pm to
quote:

Exactly, this hasn't cost me a nickle. My son lost his job, paid all his fines, went to counseling, community service, etc. He has gone through all of this legal/court alone. I nor my wife ever sat down with a lawyer, or went to court with him. He committed the crime, and he manned up and paid the price.

When he was arrested, the trooper that administered the test told him to pursue an 894 expungement. Told him when he went to court to make sure his lawyer was attempting it from the start. His lawyer was hesitant, but my son insisted.
When brought up in court, the judge was only sitting temporarily, and wasn't sure how to proceed, but made sure in the minutes that they were proceeding fully aware that they would allow him to expunge his records if he fulfilled the obligations that the court handed down.

He now has fulfilled all of the obligations, and called his lawyer that handled his DWI. His lawyer said he would for 2 grand. I was just curious if that was a fair price, or if the lawyer was even necessary.



Just curious .. how old is your son?
Posted by Brightside Bengal
New Metairie
Member since Sep 2007
3968 posts
Posted on 7/13/15 at 7:20 pm to
I pled guilty to OWI back in '07. Did the article 895 process to "cross out the offense from my record" as the judge explained it. After so many months, i could pay like $200-$300 to file the full "expungement" that would destroy my arrest records, fingerprint file in the database, etc. however, i never went through with the final "expungement" process because i was a broke student.

Does anyone know if the arrest records get destroyed after a certain amount of time regardless? Would it even be worth paying the $300 or so 8 years later?
Posted by sparkinator
Lake Claiborne
Member since Dec 2007
5098 posts
Posted on 7/13/15 at 9:30 pm to
quote:

Just curious .. how old is your son?


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