Is Article 894 considered withheld adjudication?

Full question:

IS ARTICLE 894 A WITHHELD ADJUDICATION ?

  • Category: Criminal
  • Subcategory: Sentences
  • Date:
  • State: Louisiana

Answer:

Article 894 is often described as a deferred adjudication, which is essentially another term for withheld adjudication. According to Louisiana law (Art. 894), when a defendant is convicted of a misdemeanor (excluding certain offenses like criminal neglect of family or stalking), the court may suspend the sentence and place the defendant on probation, either supervised or unsupervised, for a period specified by the court. If the defendant meets certain conditions during this probation period, the court can later set aside the conviction and dismiss the prosecution. This dismissal acts similarly to an acquittal but may still be considered for future offenses.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

No, adjudicated does not mean charged. When someone is charged, it means they have been formally accused of a crime. Adjudication refers to the legal process where a court makes a decision regarding the charge. In some cases, like under Article 894 in Louisiana, adjudication can be deferred or withheld, meaning the conviction may not be finalized if certain conditions are met.