What is the Withheld or Deferred Adjudication Statute in Louisiana?
Full Question:
Answer:
It is referred to as a deferred adjudication, which is basically another term for withheld adjudication. Please see the following LA statute:
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.
(2) When a suspended sentence in excess of six months is imposed, the
court may place the defendant on probation under the supervision of the
Department of Public Safety and Corrections, division of probation and
parole, for a period of not more than two years and under such conditions
as the court may specify.
(3) When a defendant has been convicted of the misdemeanor offense of
operating a vehicle while intoxicated, second offense, the court may
suspend the imposition or the execution of the whole or any part of the
sentence imposed and place the defendant on unsupervised or supervised
probation upon such conditions as the court may fix, where suspension is
not prohibited under the law. Such suspension of sentence and probation
shall be for a period of two years or such shorter period as the court
may specify.
(4) The court may suspend, reduce, or amend a misdemeanor sentence
after the defendant has begun to serve the sentence.
(5) At the time that any defendant petitions the court to set aside any
plea for operating a vehicle while intoxicated pursuant to this Article,
the court shall order the clerk of court to mail to the Department of
Public Safety and Corrections, office of motor vehicles, a certified copy
of the record of the plea, fingerprints of the defendant, and proof of
the requirements as set forth in Code of Criminal Procedure Article 556.1
which shall include the defendant's date of birth, social security
number, and driver's license number. An additional fifty dollar court
cost shall be assessed at this time against the defendant and paid to the
Department of Public Safety and Corrections, office of motor vehicles,
for the costs of storage and retrieval of the records.
(6) When a case is assigned to the drug division probation program
pursuant to the provisions of R.S. 13:5304, with the consent of the
district attorney, the court may place the defendant on probation for a
period of not more than four years if the court determines that successful
completion of the program may require that the period of probation exceed
the two year limit. If necessary to assure successful completion of the
drug division probation program, the court may extend the duration of the
probation period. The period of probation as initially fixed or as
extended shall not exceed four years.
B. (1) When the imposition of sentence has been deferred by the court,
as authorized by this Article, and the court finds at the conclusion of
the period of deferral that the defendant has not been convicted of any
other offense during the period of the deferred sentence, and that no
criminal charge is pending against him, the court may set the conviction
aside and dismiss the prosecution. However, prior to setting aside any
conviction and dismissing the prosecution for any charge for operating a
vehicle while intoxicated, the court shall require proof in the form of a
certified letter from the Department of Public Safety and Corrections,
office of motor vehicles, that the requirements of Paragraph A(5) of this
Article have been complied with.
(2) The dismissal of the prosecution shall have the same effect as an
acquittal, except that the conviction may be considered as a first
offense and provide the basis for subsequent prosecution of the party as
a multiple offender. Discharge and dismissal under this provision may
occur only once with respect to any person during a five-year period.
However, discharge and dismissal under this provision for the offense of
operating a vehicle while intoxicated may occur only once with respect to
any person during a ten-year period.
C. Nothing contained herein shall be construed as being a basis for
destruction of records of the arrest and prosecution of any person
convicted of a misdemeanor.
D. (1) The Department of Public Safety and Corrections, office of motor
vehicles, shall serve as a repository for the records referred to in
Paragraph A(5) of this Article for any plea for operating a vehicle while
intoxicated entered pursuant to the provisions of this Article. The
department shall maintain records for a period of ten years. The
department shall respond by certified mail to a request by any court,
prosecuting agency, or defendant seeking certified copies of the records
or verification that the records are in the possession of the
department.
(2) The records maintained by the department pursuant to this Article
shall be confidential, except as otherwise provided in this Article.
Certified copies of the records maintained by the department shall be
admissible only in a subsequent prosecution for operating a vehicle while
intoxicated and shall not be used for any other purpose.
(3)(a) The Department of Insurance is hereby authorized to expend from
any surplus it derives from a fiscal year an amount not to exceed three
hundred thousand dollars to the office of motor vehicles to fully
implement and maintain the electronic database established in this
Paragraph.
(b) The Department of Insurance is further authorized to enter into
cooperative endeavor agreements with the Louisiana State Supreme Court,
any district attorney's office, or any clerk of court's office for
training and usage of the database created by this Paragraph.
