New Orleans Probation Attorney
A technical probation violation is any violation except the following:
** Being arrested, charged, or convicted of any,
- Violation of any provision of Title 40 of the Louisiana Revised Statutes.
- Intentional misdemeanor directly affecting the person.
- At the discretion of the court, any attempt to commit any intentional misdemeanor directly affecting the person.
- At the discretion of the court, any attempt to commit any other misdemeanor.
- Being in possession of a firearm or other prohibited weapon.
- Failing to appear at any court hearing.
- Absconding from the jurisdiction of the court.
- Failing to satisfactorily complete a drug court program if ordered to do so as a special condition of probation.
If you are found in violation, the probation can be revoked and you could then be sentenced to the original jail sentence that was earlier probated. If you have picked up a new charge, or violated your probation terms in some other way, please contact a New Orleans Probation Violations Attorney. We can begin working to clear the warrant, and act as your advocate between probation and the judge to try to save your probation.
Criminal Defense Attorney New Orleans
Donate a Suit — Change a Life
New Orleans DWI Defense
Ignition Interlock Device Offenses — 14:334
No person who, as a condition of probation, is prohibited from operating a motor vehicle unless it is equipped with an ignition Interlock Device shall:
(1) Operate, lease, or borrow a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device.
(2) Request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
No person shall blow into an ignition interlock device or start a motor vehicle equipped with
the device for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle without an ignition interlock device.
No person shall intentionally attempt to tamper with, defeat, or circumvent the operation of an ignition interlock device.
Any person convicted of a violation of this Section may be punished by imprisonment for not more than 6 months or fine $500, or both.
New Orleans Criminal Defense Attorney
Expungements and First Time Offender
Louisiana Code of Criminal Procedure Article 893 / 894
If you have been charged with a felony or misdemeanor for the first time in Louisiana, you should ask your attorney to enter any guilty plea under Article 893 or 894 of the Louisiana Code of Criminal Procedure. Article 893 is for felony pleas and 894 is for misdemeanor pleas. The advantage of the 893 / 894 plea is that the conviction is never entered on your record. If you follow all the conditions of your sentence, you will be granted the opportunity to expunge the arrest.
Client was arrested and charged with Simple Battery, a misdemeanor. After reviewing the case, the client chose to plea guilty. As part of the plea agreement, the district attorney agreed to allow client to enter her plea under article 894. The judge sentenced the client to 6 months incarceration suspended and 1 year active probation. Once client successfully completes probation and pays all fines and costs. She may file a motion to have her record sealed, thereby completely avoiding the appearance of a criminal record.
When you enter a plea under 893 or 894, the conviction is deferred. This means that your guilty plea is not accepted by the judge, but instead put aside while you complete your probation. If you complete the requirements of your probation, which will include: 1) staying out of trouble for a certain period of time, 2) classes, 3) community service, 4) counseling, 5) random drug testing and 6) payment of fines or restitution, the judge will dismiss the charges.
It is imperative that you fulfill all conditions set forth in your plea agreement including completion of probation. Otherwise, your probation officer and/or the district attorney can summons you back to court and ask the judge to revoke your probation and accept your previously entered guilty plea. The suspension of your sentence will cease and you will have to serve your original jail sentence.
Client was arrested and charged with Distribution of Cocaine. The district attorney agreed to reduce the charge to Simple Possession of Cocaine in exchange for a guilty plea under Article 893. The judge sentenced her to 5 years incarceration suspended and 3 years active probation. Once client successfully completes the 3 years of probation and pays all fees and costs. She may file a motion to have her record sealed, thereby completely avoiding the appearance of a felony on her record.
Your criminal defense lawyer must state on the official court record that you are entering a plea under Article 893 / 894. It should also be in writing on your plea agreement. Having this kind of documentation will help you to petition for an expungment of your arrest when you become eligible.
Note: More serious offenses, such as Crimes of Violence are not eligible for an 893 plea. These offenses are also non-expungeable.
Generally, 893 / 894 pleas are easy to obtain for first time offenders. It is the Criminal Justice System’s way of giving someone another chance. If you have been arrested and need legal representation, call the Law Office of Elizabeth B. Carpenter, Esq. We are ready to help you!
NEW ORLEANS DRUG CRIME DEFENSE ATTORNEY
Earlier this year, I attended a seminar led by S. Alex Stalcup M.D., an addiction specialist. I will never forget the first
statement of his lecture wherein he said, “Trying to practice criminal law and not understanding addiction is like trying to be a mechanic and not understanding how to change a flat tire.” According to his research 4 out of 5 criminal defendants meet one or more of the following criteria:
- Regular drug abuser,
- Was on drugs at the time of the offense,
- Committed the crime to support a drug habit,
- Charged with a drug related offense.
During the 1997 Louisiana Legislative regular session, the lawmakers recognized a critical need for criminal justice system programs to reduce the incidence of alcohol and drug use. The legislature also recognized that the problem of alcohol and drug dependency among the citizens of Louisiana is excessive and needs to be addressed and corrected not only because it is a contributing factor in the commission of many crimes, but also for the health and welfare of the citizens of this state. It was the intent of the legislature to create a program to facilitate the creation of alcohol and drug treatment divisions in the various district courts of this state. This was the genesis of Drug Court.
What are the goals of drug court?
- To reduce alcoholism and drug abuse and dependency among offenders.
- To reduce criminal recidivism.
- To reduce the alcohol and drug-related workload of the courts.
- To increase the personal, familial, and societal accountability of offenders.
- To promote effective interaction and use of resources among criminal justice personnel and community agencies.
- To reduce the overcrowding of prisons.
Today, Drug Court is a partnership of the Judge, the District Attorney and treatment professionals. Since its inception, Drug Court has demonstrated its utility in vastly reducing recidivism rates, saving tax dollars by lowering incarceration rates and returning individuals to society as productive citizens.
HOW IT WORKS
The District Attorney’s office is the warden for the program. The defendant’s criminal record is reviewed along with any other relevant information. The following is a list of factors which disqualify a defendant from eligibility:
- Prior felony conviction of pending charge of R.S. 14:2 violent crime, including the crime before court.
- Conviction of an aggravated burglary or simple burglary of an inhabited dwelling if the defendant has one prior felony conviction.
- Prior conviction for narcotics distribution.
- Criminal record of violence.
- Criminal record of sex crimes excluding prostitution and crimes against nature.
- Criminal record of weapons violations.
- Use of a weapon during current offense.
- Active confidential informant.
- On active parole.
- Charges pending on hold from another jurisdiction.
- Illegal alien.
- Defendant not capable of participation.
- Multiple history of “failure to appear”.
- Currently in a methadone maintenance program.
Furthermore — The current charge:
- Cannot be a R.S. 14:2 Crime of Violence
- Cannot be a DWI involving death or a vehicular homicide.
If approved by the District Attorney, the defendant is then evaluated by probation officers and treatment professionals. After consulting with a criminal defense attorney, eligible defendants then plead guilty as charged, but sentencing is deferred pending their successful completion of the program. If a defendant does not successfully complete the program, his deferred sentence is then executed and he/she goes to jail. Successful completion of this program results in the deferred sentence being set aside and an expungement. Drug Court is described as an intensive probation program lasting a minimum of eighteen months and that relies on frequent drug tests, individual and group therapy, close monitoring by probation officers (e.g. home visits to check if curfew is being violated) and direct contact with the judge. Violation of the rules result in sanctions which range from community service to jail time to being placed in long term treatment facilities. Additionally, employment must be maintained and a GED must be obtained if they do not have a high school diploma. Lastly, the defendant has to pay fees for their participation in the program.
If you are facing DRUG CRIME CHARGES in Orleans, Jefferson, St. John, Plaquemines, St. Charles, or St. Tammany Parish, contact Elizabeth BagertCarpenter, Esq. for a consultation. We have experience defending virtually every type of Drug Crime imaginable!