There are a variety pre-trial diversion programs operating in Louisiana as an alternative to jail, and upon successful completion, the offender can avoid a criminal conviction. These programs are run exclusively by the District Attorney’s office for first-time offenders as an alternative to prosecution.
Diversion Program Eligibility in Louisiana
The State of Louisiana offers certain programs to non-violent offenders in an attempt to deter them from criminal behavior in the future. Individuals who have not been convicted of a felony may be eligible to participate in the program. Additional criteria include:
- The crime committed was non-violent in nature
- Offenders must be between the ages of 17 and 25
- Must provide restitution if required
- Must undergo drug testing and/or counseling if the offense was drug related
- Must not be arrested for any other crimes
- Must acknowledge his or her wrongdoing
- Must show willingness to participate in the program
The offender’s prior criminal record is examined and an appointment is set up for the initial interview. During this appointment, the individual is asked several questions while getting an overview of the program. The Pre-Trial Counselor makes the final decision as to whether the person in eligible for the program. Upon admission, they will be required to pay a fee before the end of the program.
Overview of the Program
The length of the program will depend on the seriousness of the crime committed, the attitude of the participant and their progress. Typically, programs can last from 6 to 24 months and the individual must be employed or enrolled in school full time. The person will be required to attend corrective training classes while performing community service. They will be required to make full restitution to the victim and pay a diversion program fee. If they violate the program rules or are arrested for another crime, their case will be returned to the District Attorney for prosecution. Once they successfully complete the program, all charges will be dismissed.
Expunging Your Record
First-time offenders who successfully complete a pre-trial diversion program will not have a conviction on their record. However, the arrest will still show up when an employer or landlord conducts a criminal background check. Therefore, it is important to hire an experienced Louisiana criminal defense attorney to have your record expunged.
