In Louisiana, people may be able to avoid criminal prosecution for certain offenses if they are eligible for a diversion program. Pretrial diversion programs are meant to give first-time offenders of nonviolent crimes or minor misdemeanors a second chance at having a clean slate. Essentially, the accused person who qualifies for a pretrial diversion program must complete the program in order to have their charges dropped. In order to participate, a person typically must be a first-time offender, and they must have no prior felonies or violent crimes on their record.
The terms and conditions of each pretrial diversion program will depend on the court administering the program. Many diversion programs involve paying fees, community service, educational courses, or counseling. You should consult with an experienced criminal defense attorney who can explain the legal concepts and help you weigh your options. John D. & Eric G. Johnson Law Firm has a team of seasoned criminal defense attorneys who would be happy to advise you as you navigate a pretrial diversion program.
What Factors Affect Eligibility for a Louisiana Diversion Program?
Louisiana offers pretrial diversion programs as a way for certain first-time criminal offenders to avoid criminal prosecution and keep their slates clean. A pretrial diversion program is typically reserved for people who have been charged with a minor misdemeanor or a nonviolent crime for the first time. Some examples of eligible offenses may include theft, shoplifting, marijuana possession, or trespassing.
Pretrial diversion programs are rehabilitative in nature, and the purpose of such programs is to encourage the accused person to return to the straight and narrow. Eligibility for pretrial diversion programs varies depending on the specific court’s rules, but the following qualifications are common for diversion programs:
- The accused is a first-time offender, and the offense of which they are accused is a nonviolent crime or minor misdemeanor.
- The accused does not have any prior felony convictions on their record.
- The accused does not have a history of committing any violent crimes.
- The accused must agree to submit to the rules of the diversion program.
Whenever you are charged with any criminal offense, you should speak with an experienced criminal defense attorney. By conferring with a criminal defense attorney, you can understand your options and whether or not you qualify to participate in a pretrial diversion program.
What Occurs During a Diversion Program?
There are various terms and conditions that must be met when an accused person participates in a pretrial diversion program. The applicable rules will depend on the specific court administering the program. The following are some of the possible terms and conditions that could apply to a diversion program:
- The accused must take certain classes.
- The accused must do community service.
- The accused must pay fees, restitution, or fines.
- The accused must attend drug or alcohol counseling.
- The accused must cooperate with the pretrial officer who is assigned to their case.
- The accused must undergo home visits.
Your criminal charges will only be dropped if you successfully complete the pretrial diversion program. While the terms and conditions of the program may be intense, having a clean record is a much better alternative than going through a criminal prosecution. A criminal defense attorney may be able to help you understand and follow the terms and conditions of your pretrial diversion program so that you can ultimately have your charges dropped.
Discuss Your Eligibility for a Louisiana Diversion Program With John D. & Eric G. Johnson Law Firm
Diversion programs are meant to rehabilitate certain first-time offenders and allow them to have second chances at clean slates. Courts consider factors such as criminal history when deciding if a person is eligible for a pretrial diversion program. During the program, the accused must meet all of the terms and conditions set by the applicable court to have their charges dropped. Contact John D. & Eric G. Johnson Law Firm today to discuss your eligibility for a diversion program.
John D. & Eric G. Johnson Law Firm has a team of dedicated lawyers who are ready to help you. You can fill out our contact form or call (318) 377-1555 today.