Is this your first arrest? You may be eligible for pretrial diversion through Louisiana’s first-time offender law

Facing the Louisiana criminal justice system for the first time can be daunting. Many first-time offenders, often involved due to simple mistakes or lack of knowledge, may feel overwhelmed by the process of court appearances and interactions with law enforcement. However, Louisiana provides several avenues for relief, including pretrial diversion programs aimed at helping first-time offenders clear their records and potentially avoid significant jail time. To navigate these opportunities effectively, it’s crucial to have guidance from an experienced Lake Charles criminal defense attorney. Our firm specializes in handling cases for first-time misdemeanor and felony offenders, ensuring your rights are protected and exploring every option to mitigate penalties. Contact us today to discuss how we can assist you with Louisiana’s first-time offenders programs.

How to qualify for a pretrial diversion program in Louisiana

The primary prerequisite for qualifying for a Calcasieu Parish pretrial diversion program is proving you have no criminal record. This usually includes offenses committed when you were a minor; most programs require that you have no previous exposure to the state’s criminal justice system whatsoever. If you fit this requirement, then you may be eligible for this program if your charge is for something relatively minor, such as:

• Drug possession or possession with intent to sell (under a certain amount of product)
• DWI
• Shoplifting (under a certain dollar amount)
• Alcohol possession by a minor
• Simple battery or assault
• Trespassing
• Reckless driving or racing (if you didn’t cause serious injury)
• Reckless conduct
• Theft (under a certain amount)

The District Attorney handling your case determines whether you’re eligible for a pretrial diversion program. Once they approve your petition, you must enter either a no-contest or a guilty plea (depending on whether the charge is a misdemeanor or a felony). This plea defers your conviction; the judge will not accept the plea until you fulfill the program’s obligations.

Your obligations in a pretrial diversion program

The purpose of a pretrial diversion program is to help rehabilitate non-violent offenders through counseling and specific services intended to help reduce their chances of reoffending. The specific requirements for your program will depend on what you were charged with. For example, someone charged with a drug or alcohol-related offense may be court-ordered to participate in a rehabilitation program and remain sober for a certain period of time. Other likely obligations include:

• Random drug and alcohol screenings
• Therapy sessions
• Educational programs
• Anger management treatment programs
• Volunteer work
• Pay restitution

You are also responsible for all costs and fees associated with the program, which are usually a few thousand dollars, all together. Your specific amount depends on your charges and whether you must pay restitution. Most pretrial diversion participants can complete the program in about six to twelve months. Once they do, the conviction is removed from their records. However, their arrest will still be part of the public record unless they have it expunged.

Other options for Louisiana first-time criminal offenders

Pretrial diversion programs aren’t your only option. If you’re ineligible for a pretrial diversion program, or if the D.A. rejects your petition, you may qualify for the following.

Deferred sentencing

Deferred sentencing is similar to a pretrial diversion program in that you must meet certain obligations during the period of time that your sentence is postponed. Once you meet the conditions set by the court, your charge may be either reduced or dismissed.

Drug court

Louisiana has specific Drug Courts that deal with drug-related offenses and focus on rehabilitation and treatment rather than prosecution and jail time. You’ll participate in intensive sobriety treatment, likely residential and closely monitored, but you may be able to avoid a conviction.

Restitution and community service

If your conviction was related to theft or fraud, you may be able to negotiate a plea involving restitution and community service rather than jail time. If it was a non-violent offense and the damages were relatively minor, you may be permitted to make amends rather than be incarcerated.

Article 893 / Article 894 pleas

Louisiana provides for suspended sentences under Articles 893 (for felonies) and 894 (for misdemeanors) of the Louisiana Code of Criminal Procedure. A defendant can plead guilty to a charge, and the court may set the conviction aside and place the defendant on probation. If the terms of probation are successfully met, the court may then dismiss the charges, which can then be expunged from the defendant’s record. Related articles for further reading:

• Dismissal vs. expungement: What’s the difference?
• What happens when you take a plea deal in Louisiana?

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Arrested for the first time? Let’s talk.

If you have been arrested in Louisiana and are worried about what happens to first-time offenders, you are not alone. However, you don’t have to fight alone. The attorneys at The Johnson Firm have a long track record of successfully mitigating legal penalties for first-time offenders in Louisiana. Contact us today at (337) 433-1414 for a confidential consultation with a Lake Charles criminal defense lawyer. QA Backup