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Louisiana Code of Criminal Procedure Tit. XXX, Art. 897. Termination of probation or suspended sentence; discharge of defendant

Current as of January 01, 2023 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - Louisiana Code of Criminal Procedure Tit. XXX, Art. 897. Termination of probation or suspended sentence; discharge of defendant - last updated January 01, 2023 | https://codes.findlaw.com/la/code-of-criminal-procedure/la-code-crim-proc-tit-xxx-art-897/

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