Criminal Defense Attorney

Traffic tickets are minor offenses often contained in Title 32 of the Louisiana Revised Statues. To a large degree, you may not need an attorney to resolve these issues. Often these matters a resolved by simply paying the prescribed fine and associated court cost (if applicable). However, when combined with felony and/or misdemeanor, it may be better to resolve your traffic matter along with your other matters.

Misdemeanor matter are defined as crimes in which a jail sentence may be imposed “at hard labor.” Generally, these crimes have no or relative short jail sentences (less than a year) but may have long term implications for subsequent arrests and/or convictions. While an attorney may not be required to resolve all misdemeanor matters, an attorney will be helpful in explaining the long-lasting consequences of a guilty plea. Contact us to allow us to review your misdemeanor matter.

Felony matters are crimes in which an offender may be sentence to death or imprisonment “at hard labor.” Of the three discussed here, these are the most severe and carry the stiffest penalty. An attorney is likely required to help navigate your way through the legal process. Like some misdemeanors, felony convictions have implications for subsequent arrests and/or convictions, including and up to possible application of the Habitual Offender Law.  Contact us to allow us to review your felony matter.

An arrest, in of its self, is simple enough to explain. It typically involves law enforcement taking someone into custody (with or without handcuffs), going to the local jail or law enforcement office, and being booked for those charges arrested. A person may be arrest with or without a warrant. 

When arrested without a warrant, within forty-eight (48) hours a magistrate/judge is required to review and sign an affidavit of probable cause to determine if a person may be held on the arrested charges. The determination of probable cause may (and often is) made outside of the presence of the arrested person and outside of the courtroom. Probable cause may be supported by affidavits or other written evidence provided to the magistrate/judge. La. C.Cr.P. Art. 230.2.

If an arrested person remains in custody, the person is entitled to be brought before a judge within seventy-two (72) hours from the time of their arrest. Weekends and legal holidays are excluded from this calculation. The purpose of this hearing is to determine whether a person in custody has the ability to hire their own attorney or if referral to the Public Defender’s Office (PDO) is needed. The judge may also make a review or set the amount of bail and other obligations of bail. The failure to conduct this hearing for a person who is still in custody results in the person who is still in custody to be released on own recognizance (no bail amount required). This, however, has no effect on any the validity of the proceedings as a whole. La. C.Cr.P. Art. 230.1.

Between the arrest and the arraignment, a charging document must be filled. This occurs either by Bill of Indictment or by Bill of Information.

A Bill of Indictment is obtained after the District Attorney presents evidence before a grand jury. The grand jury then reviews the evidence and makes a determination if there is sufficient evidence in which to charge a defendant with the crimes sought by the District Attorney. 

A Bill of Information is a document filed by the District Attorney, without the benefits of a grand jury. The Bill must state the name of the accused, the date of the alleged offense, the approximate location, thee alleged offense committed, and a brief statement of facts to support the charging of the alleged offense.

Arraignment is the formal reading, by the clerk of court, of the charges against a person. The formal reading of the arraignment is often waived by the defendant’s attorney. 

Pleas are also entered at this time. The pleas that may be entered at this time are Guilty, Not Guilty, Not Guilty by Reason of Insanity, or Nolo Contendre.

Pretrial is the period after the arraignment and before the trial of the matter. This time period is where motions by both the district attorney and defense is filed and heard. Potential motions by the defense include motions for discovery, motions in limine, motion for bond reduction, motion to suppress, motion for preliminary examination, etc.

A Motion for Discovery is a motion to require the other party to provide evidence to support their case. Discovery may look different from case to case. Some cases have physical evidence (items that can be seen and/or touched) while other cases may only have testimonial evidence (statements from witnesses and law enforcement officers).

A Motion in Limine is a procedure to keep out certain evidence. This could be because the evidence is not in proper form, that the evidence is prohibited by the Louisiana Code or that the evidence is would be wholly unfair to the opposing side.

A Motion for Bond Reduction is a procedure to reduce a defendant’s bond obligation. Considerations for the bond reduction are the amount of ties to the jurisdiction where the criminal proceedings are occurring, the likelihood of defendant returning to court as required, the nature and severity of the crimes alleged, and defendant’s ability to pay for such a bond. This motion may also be used in cases where a defendant has been given a “no bond” bond, however it cannot be used to lift probation/parole holds or detainers from other jurisdictions.

A motion to suppress is used to suppress evidence that was obtained in contradiction to the United States Constitution, Louisiana State Constitution, or any other laws of the State of Louisiana. Often these take the forms of illegally obtained evidence related to an illegal search or seizure. A granting of this motion may have the effect of disallowing the District Attorney to present the particular item that is the subject of the motion.

A preliminary examination is a procedure designed (if there has been no indictment) to determine if there is sufficient evidence to charge a defendant with the offense or lesser included offense or (if there has been an indictment) to record testimony and fix bail. A District Attorney need only to prove probable cause at this juncture, not guilty beyond a reasonable doubt.

Often a preliminary examination take the form of the District Attorney calling witnesses to the stand to present testimony and a cross-examination by defendant’s counsel. Usually, a defendant does not testify or call witnesses at this time.

A trial is the procedure in which the District Attorney presents evidence to a judge or jury to determine a defendant’s guilt or innocence. The District Attorney must prove guilt  beyond a reasonable doubt. Trials by jury may be had for certain offenses. Certain offenses required a twelve (12) person jury while other offenses only require a six (6) person jury. All members of the jury is required to agree on a verdict of guilty or not guilty in order to sustain a verdict.

A Hard Labor sentence is a sentence to felony crime that must be served under the direction of the Louisiana Department of Corrections (“DOC”). These sentences must be served at either a DOC facility or a parish jail that has been approved by DOC. Location of DOC facilities can be found by clicking here.

Sentences to the Local Jail or without Hard Labor are sentences that are not served under the direction of the Louisiana Department of Corrections (“DOC”). These jail sentences are usually shorter than hard labor sentences and are defined in days or months as opposed to years. These sentences are served either at the Parish or Municipal Jails rather than a DOC facility, although some jails also function as a DOC facility.

A Suspended Sentence is a sentence that is withheld from being imposed. This is often during a probation period in which, if completed successfully, relieves the defendant from having to serve the portion of the sentence that is suspended. However, if the defendant fails to complete the probation, the original sentence is imposed.

Much like a Suspended Sentence, a Deferred sentence is a sentence that is withheld from being imposed. Unlike a suspended sentence, completion of a deferred sentence may have the affect of having the matter dismissed by the District Attorney. Deferred Sentences are often provided in conjunction with either a pretrial diversion or drug court program. However, if the defendant fails to complete the program successfully, the original sentence may be imposed.

Probation Sentences may be available with more minor and non-violent crimes. These sentences often carry specific rules, fees, and restitution which must be completed or paid during the time of probation. Failure to complete the probation within the time allotted could result in an extension of the probation or jail time for the failure to comply.

Fina and Cost sentences are imposed only when a fine is required or necessary. Fines are either stated in the statute or set by the judge. Cost are the costs of court for the criminal proceeding A judge may allow a time frame to pay the fine and cost without necessarily imposing a probation. If the fines and costs are paid by the time ordered, the matter is deemed resolved.