New Orleans Louisiana Motion and Order to Amend Sentence - Concurrent Federal Conviction
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FAQ
(1) A first offender never previously convicted of a felony shall be pardoned automatically upon completion of his sentence without a recommendation of the Board of Pardons and without action by the governor.
Both the defendant and the State have the right to a speedy trial, as outlined in Article 701 of the Louisiana Code of Criminal Procedure. A defendant's motion for a speedy trial must be accompanied by an affidavit from the defendant's counsel certifying that the defendant and counsel are prepared to proceed to trial.
What Is Article 893 in Louisiana? Article 893 allows a felony conviction to be ?set aside and dismissed.? You're required to plead guilty; however, you won't have to serve jail time. Instead, you are placed under the supervision of parole and probation.
Article 893 is for felony pleas and 894 is for misdemeanor pleas. The advantage of the 893 / 894 plea is that the conviction may be set aside or dismissed if you follow all the conditions of your sentence.
A motion to quash may be based on one or more of the following grounds: (1) The indictment fails to charge an offense which is punishable under a valid statute. (2) The indictment fails to conform to the requirements of Chapters 1 and 2 of Title XIII.
What is Article 894? Article 894 is part of the Code of Criminal Procedure, and was revised in 2008. It is one of two articles that allow the court to suspend sentences for misdemeanors for certain offenders, permitting the offense to be expunged from one's record if all the conditions are met.
This process gets more complicated the more serious the crime, but generally, not counting weekends and holidays, the majority of people will not be held longer than 72 hours before being charged and set bail. Staying in jail for 72 hours without being charged and set bail is the worst-case scenario.
If you are in jail, the District Attorney must file charges within 45 days of your arrest. If you have bonded from jail, the District Attorney must file charges within 90 days of your arrest.
894. Suspension and deferral of sentence; probation in misdemeanor cases.
The judge could order a fine of up to $500 and imprisonment for up to six months.