how to get a district attorney to drop charges in louisiana

Make an appointment to speak with the prosecuting attorney. Meet with the attorney who is bringing the case and give the reasons you believe the felony charge should be dropped. Ask the prosecuting attorney to consult the court about dropping the felony charge.

Full Answer

Can a district attorney drop charges against a victim?

Dropping Criminal Charges. Only the victim of a crime may request the Office of the District Attorney to drop charges against (or decline the prosecution of) a defendant. All requests will be forwarded to the Victim Assitance Coordinators. Please include the date of incident and the Defendant's date of birth.

How do I get charges dropped in a criminal case?

The victim can contact the prosecutor and inform him of his/her intent that the victim wishes that the defendant is not prosecuted, but that is all. The victim may also file a drop charge request form with the District Attorney after an arrest. This does not guarantee the charge will be dropped. In fact, we have seen many times that the District Attorney has chosen to disregard …

How do I drop a felony charge in Texas?

Jun 15, 2019 · How do you get the district attorney to drop charges? There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.

How do I file a drop charge for domestic violence?

Dec 27, 2010 · Charges May Be Dropped if You Pay Back the Money. What is interesting about this case is that while the district attorney makes the ultimate decision about pursuing charges, if the victim receives immediate restitution and contacts the district attorney about dropping the charges — there is a good chance the charges will not be pursued. In this particular case, if my …

Charges May Be Dropped if You Pay Back the Money

What is interesting about this case is that while the district attorney makes the ultimate decision about pursuing charges, if the victim receives immediate restitution and contacts the district attorney about dropping the charges — there is a good chance the charges will not be pursued.

Making Restitution Can Help You Even if Charges Are Not Dropped

If the charges are not dropped, making restitution is still a good idea. Paying back the victim will show that you are being responsible for your mistake and may encourage the judge to consider a lighter sentence.

Restitution and Louisiana Pre-Trial Diversion

If the charge is a non-violent offense like theft, fraud, forgery, damage to property or possession of stolen things and the Louisiana defendant has no prior criminal history, there is a possibility that he or she can enter the Louisiana pre trial diversion program.

What is civil case?

Civil cases happen when one individual or entity brings a case against another. These include divorce cases, medical malpractice cases, contract disputes, evictions or automobile accident litigation.

How does the police work?

Generally, it works like this: The police are called in by an individual to report that he was the victim of a crime. The police investigate, and if they believe there is enough evidence, they pass it over to the district attorney's office.

Can an individual file a criminal case in court?

Criminal cases are a very different matter. An individual cannot file a criminal case in court; that's why all criminal cases are brought by "the People," as in The People of California vs. John Doe. The office of the district attorney or the prosecutor files criminal charges on behalf of the public.

What happens if a person calls in the police?

If a person calls in the police and gives a statement about an assault by her partner, the police are obligated to collect evidence and can pass the file to the district attorney's office. But it is neither the victim nor the police who decide whether criminal charges will be filed – that is up to the district attorney. The attorney in charge of reviewing the file may decide that there is not enough evidence to convict and opt not to file charges.

What happens when a victim refuses to testify?

Refusing to Testify. Sometimes victims of crimes decide that they do not wish to proceed with the charges. This happens most often with victims of crimes like domestic violence or sexual assault, the most emotionally fraught charges in all of criminal law.

What is a felony in criminal law?

A felony is defined in criminal law as a serious offense. Unlike a misdemeanor, most felonies carry a term of one or more years in prison. Kidnapping, rape, robbery and murder are all examples of felonies. Charges for a felony must be brought against a suspect by the district attorney or prosecutor in a jurisdiction.

Who is Trudie Longren?

Trudie Longren began writing in 2008 for legal publications, including the "American Journal of Criminal Law.". She has served as a classroom teacher and legal writing professor. Longren holds a bachelor's degree in international politics, a Juris Doctor and an LL.M. in human rights. She also speaks Spanish and French.

What to do if you don't want to press charges?

Tell the prosecutor you don't want to press charges. Though the prosecutor decides whether to drop charges, a victim or key witness can have a significant impact on the case. If you say you aren't interested in sending the case to trial, there's a good change the prosecutor will drop the case.

How to get a copy of a police report?

Call the police station that filed your report to ask for a copy of it. Review the report carefully, paying attention to the section that describes what you told the police. If you notice anything inaccurate in the report, you can change your statement. Do not lie to get charges dropped.

What happens if charges are not dropped?

If the charges are not dropped, the defendant can negotiate a plea bargain with the prosecution. This can lead to fewer or less serious charges, or a less severe punishment.

Why do charges get dismissed?

After charges are filed , prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed. Evidence may be poor, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests.

What is the 4th amendment?

Fourth Amendment violations. The Fourth Amendment protects citizens against unlawful searches and seizures by police, investigators, and law enforcement.

Can police search a car without a warrant?

In the case of Fourth Amendment violations, police can search a person, house or car without a search warrant in some circumstances. If police have reasons to believe an arrested person is carrying a criminal weapon, a search can be made.

What are procedural issues?

Procedural issues. Police and prosecutors must follow strict criminal procedures when arresting, booking, interrogating, setting a bail hearing, or engaging in pretrial activities. If a defendant's rights are violated, these procedural errors may actually be grounds for a case dismissal or sentence reduction.

Can a grand jury dismiss a charge?

The grand jury then can dismiss or "no-bill" the charge, or the prosecutor can dismiss it. Prosecutors prefer doing that rather than spending time prosecuting a case they cannot win. Again, grand jury dismissal can occur only before the chance of a grand jury indictment.

What is plea bargain agreement?

That occurs when prosecutors agree to dismiss the original charge if the defendant agrees to plead guilty or no contest to a less severe charge instead. Neal Davis can guide you and protect your legal rights in plea bargain agreements.

Why do you need a criminal defense attorney?

That’s why it makes sense to have a criminal defense attorney on your side. To protect your interest to the extent possible but preventing an injustice from occurring against an innocent person.

How long can you go to jail for a false police report?

For example, if you make statements inconsistent with what you originally told police, you could be seen as having made a false police report, which is a Class B misdemeanor that can put you in jail for up to 180 days and cost you up to $2,000 in fines.

Can a prosecutor drop charges?

You can ask the state or federal government’s prosecutor to drop the charges, but they do not have to honor your request. A good prosecutor will usually take your wishes into account when considering what the appropriate punishment should be, but they make the final decision.