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Accused of Misdemeanor Theft

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  • 05-31-2016, 03:44 AM
    louisianafirsttimeoffende
    Accused of Misdemeanor Theft
    My question involves criminal law for the state of: Louisiana

    Hello, I have been accused of theft of under $750 back in November 2015. I am 22 years old and it is my first offense. So far, I have been to court three times, all of which has been pre-trial diversions. Initially, I was instructed by the DA to plead guilty but I decided not to (thank God for research) and with that a plea has not been submitted yet. I can't help but feel the DA is trying to rush through the case, more than likely due to my lack of knowledge of the legal system. I have not stood trial for this yet.

    The second diversion consisted of the DA instructing me to pay restitution, with no payment plans being offered but telling me to show up in 4 months with the total amount. I went to get my next court date and it was the next month. Impossible. I have been saving money, but as it is difficult to get a job at this moment due to the honest about my case, needless to say I failed to turn up with the money by the next date. It is not because I am unwilling, but unable. This pre-trial diversion consisted of the DA telling me that I need to have the total amount by the next date (two weeks from that date), or else I will HAVE to submit a guilty plea.

    There is no way I will be able to have that amount but being forced to submit a guilty plea seems outrageous to me. Is this possible? I have no intentions to plead guilty at all, but can they make me?

    Please help.
  • 05-31-2016, 05:17 AM
    flyingron
    Re: Accused of Misdemeanor Theft
    The DA represents the state, not you. You need your own attorney.
  • 05-31-2016, 08:30 AM
    adjusterjack
    Re: Accused of Misdemeanor Theft
    Quote:

    Quoting louisianafirsttimeoffende
    View Post

    There is no way I will be able to have that amount but being forced to submit a guilty plea seems outrageous to me. Is this possible? I have no intentions to plead guilty at all, but can they make me?

    "They" can't make you do anything until you are tried and convicted.

    But the DA knows you are an inexperienced scared little rabbit and is basically telling you to bend over.

    Continue this way without a lawyer and you are toast.

    You've probably talked too much already and cooked your own goose.

    Get a lawyer.
  • 05-31-2016, 09:48 AM
    Mr. Knowitall
    Re: Accused of Misdemeanor Theft
    In Louisiana, if you are offered the possibility of participating in a pretrial diversion program that does not involve the submission of a plea (D.A. Diversion), that would be entirely up to the prosecutor's discretion. Louisiana offers a form of statutory diversion through the criminal courts, referenced as an article 893 plea (for felonies) or 894 plea (for misdemeanors), but to participate in that form of diversion you must first either enter a guilty plea or a no contest plea (which, if accepted by the trial court, is treated in the same manner as a guilty plea).

    If when you say "that a plea has not been submitted yet", you mean that you entered a "no contest" plea instead of a "guilty" plea, be aware that if the court accepted the "no contest" plea and finds that you violated the terms of your article 893/894 plea, the court will convict you based on that plea.
    Quote:

    Quoting Louisiana CCRP, Art. 893. Suspension and deferral of sentence and probation in felony case
    A. When it appears that the best interest of the public and of the defendant will be served, the court, after a first or second conviction of a noncapital felony, may suspend, in whole or in part, the imposition or execution of either or both sentences, where suspension is allowed under the law, and in either or both cases place the defendant on probation under the supervision of the division of probation and parole. The court shall not suspend the sentence of a conviction for a crime of violence as defined in R.S. 14:2(B)(1), (2), (3), (4), (5), (9), (10), (11), (12), (13), (14), (15), (16), (18), (20), (21), (22), (26), (27), or (28), or of a second conviction if the second conviction is for a violation of R.S. 14:73.5, 81.1, or 81.2. Except as provided in Subitems (B)(1)(a)(iv)(aa) and (bb) of this Article, the period of probation shall be specified and shall not be less than one year nor more than five years. The suspended sentence shall be regarded as a sentence for the purpose of granting or denying a new trial or appeal. Supervised release as provided for by Chapter 3-E of Title 15 of the Louisiana Revised Statutes of 1950 shall not be considered probation and shall not be limited by the five-year period for probation provided for by the provisions of this Paragraph.....

    Quote:

    Quoting Louisiana CCRP, Art. 894. Suspension and deferral of sentence; probation in misdemeanor cases
    A.(1) Notwithstanding any other provision of this Article to the contrary, when a defendant has been convicted of a misdemeanor, except criminal neglect of family, or stalking, the court may suspend the imposition or the execution of the whole or any part of the sentence imposed, provided suspension is not prohibited by law, and place the defendant on unsupervised probation or probation supervised by a probation office, agency, or officer designated by the court, other than the division of probation and parole of the Department of Public Safety and Corrections, upon such conditions as the court may fix. Such suspension of sentence and probation shall be for a period of two years or such shorter period as the court may specify.....

    If, on the other hand, you mean that the prosecutor has agreed to D.A. diversion, and has indicated that if you pay restitution on time he'll dismiss the charge without requiring that you participate in a formal Article 894 plea, you should be grateful. The prosecutor has no obligation to offer you that break, and has every right to say that if you fail to make full restitution as promised you will have to enter a plea -- and if you want statutory diversion, as the prosecutor has told you, that plea will have to be one of "guilty" or its equivalent "no contest" plea (if acceptable to the court).

    We were not present for your negotiations with the prosecutor, so we're not in a position to comment on whether the prosecutor initially offered you four months to make your restitution or one month; if that agreement was placed on the record of the court, you can see what would be involved in obtaining a video (if available) record or (if you're willing to pay) a transcript from that proceeding. If it was not, then there is no record upon which to argue that the prosecutor gave you more than the month leading up to your next scheduled court hearing to pay your restitution, but without an actual record I doubt that you'll convince the prosecutor that you should be given more time.
  • 05-31-2016, 10:04 AM
    louisianafirsttimeoffende
    Re: Accused of Misdemeanor Theft
    Whoops, okay I think I've been talking to the prosecutor instead of the D.A., sorry for the mistake. I'm in the process of getting a lawyer ASAP, should be done as soon as tomorrow (lawyer fees are crazy), just wanted possible help and feedback.

    Thanks for the replies so far guys good or bad I really appreciate it.
  • 05-31-2016, 10:25 AM
    Mr. Knowitall
    Re: Accused of Misdemeanor Theft
    We're using synonyms. A prosecutor is another word for a district attorney.
  • 06-01-2016, 11:49 AM
    DeputyDog
    Re: Accused of Misdemeanor Theft
    You can either pay $$ for an attorney, then end up pleading/being convicted and paying more $$ to the court - or getting it dismissed and still paying $$ to the attorney and to the court for court costs ... or you can pay $$ for restitution and diversion and dispose of it that way. Or get a court appointed attorney and still pay some $ for the application plus court costs in the end.

    There's no scenario where I don't see you paying $$ to someone, and a lot of it. Pick your drink.
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