Legal Question in Criminal Law in Louisiana

Can someone be forced to comply with ''unofficial'' probation and the case left

If a 17 year old is arrested for possession of drugs and expelled from boarding school, can the officer keep the case open and use it as leverage to force the minor into a sort of unofficical probation? Does he really have the power to press charges at any time or does the case automatically close after a period of time?


Asked on 2/26/02, 3:07 pm

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

Re: Can someone be forced to comply with ''unofficial'' probation and the case l

I'm not even certain what "unofficial" probation is or what the conditions might be.

Some DA's offices have "pre-trial diversion" programs wherein the accused might have probation-like conditions imposed in exchange for an opportunity for dismissal of the case. This is legal because the decision to prosecute is the exclusive power of the prosecutor.

If this becomes burdensome, I would schedule a meeting with the officer's supervisor. This may be an honest attempt to help a kid or an abuse of power. You have to figure out which.

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Answered on 2/26/02, 3:25 pm


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