Thomas V. Alonzo
  • Home
  • Firm Profile
  • Personal Injury
    • Back & Neck Injuries
    • Brain Injury
    • Burn Injuries
    • Car & Motorcycle Accidents
    • Construction & Industrial Accidents
    • Electrocution Injuries
    • Medical Malpractice
    • Spinal Cord Injuries & Paralysis
    • Truck / 18 Wheeler Accidents
    • Workers Compensation
    • Wrongful Death
    • Past Case Results
  • Criminal Defense
    • Assault & Battery
    • Drug Charges
    • DUI / DWI
    • Expungement
    • Homicide & Violent Crimes
    • Probation & Parole
    • Sexual Charges
    • Theft
    • Traffic Violations
    • Louisiana Criminal Defense Information
  • Nursing Defense
  • Blog
  • Contact
    • Louisiana Office
    • Mississippi Office
Home» Criminal FAQs » First Time Offenders : Louisiana Pretrial Diversion Law

First Time Offenders : Louisiana Pretrial Diversion Law

Posted on May 14, 2010 by Thomas Alonzo in Criminal FAQs, Louisiana-Law, Pre-trial Diversion

There are many differences between how state court systems handle first time offenders. For example, in Louisiana, they have what is know as  “pre-trial diversion” which is available for qualified first time offenders with non-violent felony or misdemeanor charges. Assuming that you do not have a felony record, you could be eligible for pretrial diversion if you are arrested for relatively minor charges such as shoplifting, embezzlement, simple assault, theft, forgery, trespassing, burglary, and simple possession of marijuana.  Participation in the program is voluntary, but if you qualify, it is usually in your best interest to participate rather than to go to court.

If the District Attorney decides that the offender is eligible to participate in the pre-trial diversion program, the offender will then enter a conditional no contest or guilty plea under the specified criminal code article in Louisiana known as an article 893 or 894 plea — depending on whether the charge is a misdemeanor or a felony.  The plea will be held in abeyance while the offender fulfills certain obligations. The obligations usually include taking an educational class, paying a fine, and staying out of trouble for one year for a felony charge and six months for a misdemeanor charge. Depending on the probationary sentence, there might be other requirements which can include performing community service, drug or alcohol testing, and counseling for anger management or alcohol abuse. After the first time offender successfully fulfills these obligations, the District Attorney will dismiss the matter. This will allow the offender to state on employment applications and similar documents that he or she has never been convicted of a felony or misdemeanor.

However it is important to note that while there will be no conviction on your record, you will still have the arrest on your record.    It is necessary to take another step — hiring an attorney to file a motion to expunge your record of the arrest itself.  Just because the District Attorney did not prosecute the matter and the matter was dismissed, does not mean that you do not have an arrest record. It is beneficial to have the full matter expunged so that any potential employer or landlord, etc. will not see anything on your record.

If you are not sure whether you are eligible for pre-trial diversion or have any questions about 893 and 894 pleas, you can call my law office at (337) 704-2615  for a free consultation.

RELATED POSTS:

  1. Suspended Sentences for Felony and Misdemeanor Charges
  2. Felony vs. Misdemeanor Charges in Mississippi and Louisiana
criminal-defense-louisiana, First Time Offender, Louisiana Pretrial Diversion

Meet the Author of This Blog

Thomas V. Alonzo practices personal injury and criminal defense law in Louisiana, Mississippi, Georgia and Texas.

Thomas V. Alonzo
www.thomasvalonzo.com


Subscribe to Our RSS Feed

Subscribe Here Subscribe to Our Blog

Recent Posts

  • Driving While Hispanic Law Found Unconstitutional
  • Litigating Accidents at Industrial Plants
  • Death Penalty Trials in Louisiana Have Separate Rules
  • Arrests for Simple Possession of Marijuana and Public Safety
  • Your Miranda Rights Explained

Popular Posts

First Time Offenders: Louisiana Pretrial Diversion Law

Article 893 / 894 Pleas for Louisiana First Time Offenders

Louisiana Homicide Laws - First Degree and Second Degree Murder

Mississippi Assault Charges: The 10 Most Frequently Asked Questions

Certain Felonies Now Eligible for Expungement in Mississippi

What to Do When Your Child Has Been Arrested for Drug Possession in Louisiana

Prison Sentences for Louisiana Theft and Robbery Charges

Blog Post Categories

Previous Posts

The Law Firm of Thomas V. Alonzo practices criminal defense in Louisiana, and personal injury litigation in Louisiana, Mississippi, Georgia and Texas.

Louisiana Office:
113 Jackson St.
Lafayette, Louisiana 70501
(337) 704-2615

Mississippi Office:
2906 North State St.
Jackson, Mississippi
(601) 944-1980

Disclaimer | Sitemap | Blog

Personal Injury

  • Back & Neck Injuries
  • Brain Injury
  • Burn Injuries
  • Car & Motorcycle Accidents
  • Construction & Industrial Accidents
  • Electrocution Injuries
  • Medical Malpractice
  • Spinal Cord Injuries & Paralysis
  • Truck / 18 Wheeler Accidents
  • Workers Compensation
  • Wrongful Death

Criminal Defense

  • Assault & Battery
  • Drug Charges
  • DUI / DWI
  • Expungement
  • Probation & Parole
  • Sexual Charges
  • Theft
  • Traffic Violations
  • Homicide & Violent Crimes
  • Nursing Board Hearings
  • Louisiana Criminal Defense Information
  • Mississippi Expungement FAQs

Contact Us

  • (337) 704-2615 LA
  • (601) 944-1980 MS
  • contact@thomasvalonzo.com

Mailing Address:
113 Jackson St.
Lafayette, LA 70501

Directions & Maps

Servicios en Español Disponible

(c) 2012 Thomas V. Alonzo - All Rights Reserved.