Legal Question in Criminal Law in Louisiana

Re: diverion program

Dear LawGuru Friend,

The so-called "Pre Trial Diversion" program is a good thing, but it is illegal as can be. It is a way for the D.A. to do his job and not have to prosecute charges against the sons and daughters of the rich and famous, the politically connected. What they do is not file formal charges against the defendant, but make him or her sign a statement that he or she is guilty, and then pay a bunch of mohey, upwards of $400.00; and they then agree in return not to prosecute, but to allow the defendant to be on a type of unofficial "probation" whereby the defendant does a bunch of community service, is subject to random drug screens (money makers for those in poweer)and such. It is a great thing, in that it relieves the already overcrowded courts of many criminal cases to handle; but it is unconstitutionally illegal, for the LA CONSTITUTION says that a D.A. shall not "defend a crimnial case in any way", and for him to do so is cause for his removal from office; and, further, the PTD Program is a type of defending a crimial case in some way. Also, the D.A. charges the defendant money for it. The D.A. should never accept money from a defendant, and a defendant should never offer money to the D.A., especially in return for for the D.A's agreeing not to prosecute on a charge that he knows the defendant is guilty of. And, further, not everybody gets the benefit of the PTD program, only the sons and daughters of the rich and famous and the politically connected. Other defendants who do not get the benefit of the PTD Program are denied their "equal protection" of the laws. Of course it is a big money-maker for the D.A., just like the also illegal "District Attorney Misdemeanor Probation" is. District Attorneys have a financial conflict-of-interest with operating both the Pre Trial Divrsion Program and the District Attorney Misdemeanor Probation Office/Program"; and D.A.s, of all prople, should not have financial conflicts-of-interest. There is more to it all than this, but this is something to think about. Sometimes it seems it's all about money. I visit prisons all the time/They're filled with men/Whose greatest crime/Is that they haven't got a dime. So good luck to you and/or to whoemever it is that is facing the possibility of a criminal charge!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA