Louisiana Code of Criminal Procedure 897 – Termination of probation or suspended sentence; discharge of defendant
Terms Used In Louisiana Code of Criminal Procedure 897
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
A. In a felony case, other than for a conviction of operating a vehicle while intoxicated, vehicular homicide, or first degree vehicular negligent injuring, the court may terminate the defendant‘s probation, early or as unsatisfactory, and discharge him at any time after the expiration of one year of probation when either of the following occur:
(1) The state has previously provided written verification that it has no opposition to the termination of the probation.
(2) A contradictory hearing with the state, set by the court, has been held. The court shall provide notice of the hearing to the state at least fifteen days prior to the hearing date.
B. In a misdemeanor case, other than for a conviction of vehicular negligent injuring, the court may terminate the defendant’s suspended sentence or probation and discharge him at any time when all of the following conditions are met:
(1) The termination or discharge is ordered in open court.
(2) The state is present at the time the termination or discharge is ordered and has been afforded an opportunity to participate in a contradictory hearing on the matter.
Acts 2014, No. 275, §1; Acts 2024, No. 648, §1.