For many, the first run-in with the law often results from a poor decision made in a moment of weakness. If you're a first-time offender in Louisiana, facing the criminal justice system can be intimidating and overwhelming. The good news is that the state recognizes that not everyone who commits a crime is a career criminal. Louisiana offers pretrial diversion programs for certain nonviolent misdemeanors and felonies, allowing first-time offenders to avoid a conviction and keep their criminal record clean.

Who Qualifies for a Pretrial Diversion Program?

To be eligible for a pretrial diversion program in Louisiana, you must be a first-time offender with no prior criminal record. This means that if you've never been in trouble with the law before, you may qualify. However, if you have a juvenile record, this could affect your eligibility.

Common offenses that might make you eligible for pretrial diversion include:

- Minor in possession of alcohol
- Simple battery or assault
- Drug possession or possession with intent to distribute
- DUI/DWI
- Shoplifting or theft
- Traffic violations
- Disturbing the peace
- Trespassing

Eligibility for these programs is ultimately at the discretion of the District Attorney (D.A.). If you are eligible, you will need to enter a conditional no contest or guilty plea under Article 893 (for felonies) or Article 894 (for misdemeanors). This plea defers the conviction, allowing you to avoid a criminal record if you successfully complete the program's requirements.

Although some first-time offenders may be offered pretrial diversion automatically, many require the assistance of an experienced criminal defense attorney to negotiate on their behalf. These programs aim to rehabilitate offenders through counseling and other services to prevent future criminal behavior.

What to Expect in a Pretrial Diversion Program

Pretrial diversion programs in Louisiana serve as a form of probation designed to keep first-time offenders out of the state's overcrowded jails and prisons. The specific requirements you'll need to meet will depend on the nature of your offense. However, common requirements include:

- Random drug and alcohol testing
- Counseling sessions
- Educational classes
- Substance abuse treatment
- Community service hours
- Payment of restitution

Be prepared to cover the costs associated with these programs, which can range from a few hundred to several thousand dollars, depending on the charges. Generally, DUI charges carry higher program costs compared to lesser offenses. Your criminal defense lawyer can give you a better idea of the financial obligations you may face if you pursue this option.

Completing the Program and Moving Forward

Depending on your charges, pretrial diversion programs typically last between 6 and 12 months. Upon successful completion, you won't be convicted of the offense, but it's important to note that your arrest record will still exist. To have your arrest record expunged, you'll need to wait five years after completing the program. During this period, your arrest may still appear on background checks.

Why You Need a Louisiana Criminal Defense Lawyer Now

If you're facing your first criminal charge, it's crucial to have a knowledgeable Louisiana criminal defense lawyer by your side. Navigating the complexities of pretrial diversion programs can be challenging, and having an attorney who understands the system can make all the difference in protecting your future. The attorneys at Lawrence & Odom can negotiate the best possible outcome for your case, help you understand your options, and guide you through the process of clearing your record. Don't face this alone—get the legal support you need to move forward with confidence.

Call 318.232.4000 or book a free consultation online now with Lawrence & Odom to discuss your options