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Criminal Defense

HOW TO FIND A GOOD CRIMINAL DEFENSE ATTORNEY

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When faced with criminal charges, the need for a competent criminal defense attorney cannot be overstated. The right attorney can mean the difference between a favorable outcome and a devastating one. At Big River Trial Attorneys in Baton Rouge, we understand the critical role a good lawyer plays in navigating the complexities of the legal system. Here’s a comprehensive guide on what to look for in a criminal defense attorney to ensure you have the best representation possible. More Than Just Court Appearances A good criminal defense attorney will do more than just show up in court to represent you. While courtroom advocacy is crucial, effective legal representation extends far beyond the courtroom. Your attorney should be actively involved in all aspects of your case from the moment you retain their services. Pre-Trial Meetings and Case Strategy A proactive lawyer will schedule meetings with you well before any court appearances. These meetings are essential for several reasons: Understanding Your Case: Your lawyer needs to understand every detail of your case. This includes your side of the story, any evidence you have, and your goals for the outcome. Discussing Case Strategy: These meetings are a time to develop a tailored strategy for your defense. Your lawyer should explain the possible approaches, the risks involved, and the potential outcomes. This collaborative planning is vital for a coherent and effective defense. Building Trust and Communication: Regular meetings foster trust and open communication. You should feel comfortable discussing your concerns and asking questions. A good attorney will listen to you and provide clear, honest answers. Comprehensive Review of the Discovery Packet The discovery packet is a compilation of all the evidence the prosecution plans to use against you. This packet is critical to your defense, and a good lawyer will ensure you have access to it and understand its contents. Sharing and Explaining the Discovery Packet A dedicated criminal defense attorney will provide you with a copy of the discovery packet. More importantly, they will go over it with you in detail. This review serves multiple purposes: Transparency: Sharing the discovery packet ensures you are fully informed about the evidence and the charges you are facing. Detailed Analysis: Your lawyer will dissect each piece of evidence, explaining its significance and how it may impact your case. Identifying Strengths and Weaknesses: By reviewing the discovery together, you and your attorney can identify the strengths and weaknesses of the prosecution’s case and adjust your defense strategy accordingly. Analyzing the Discovery for Motions A good criminal lawyer doesn’t just review the discovery; they analyze it for any potential motions that could be filed. This analysis is a critical step in building a robust defense. Types of Motions Several types of motions can be filed depending on what the discovery reveals. Some common motions include: Motion to Suppress Evidence: If evidence was obtained illegally, your lawyer might file a motion to suppress it, arguing that it should not be presented in court. Motion to Dismiss: If there are grounds to believe that the charges are unfounded or there is a lack of evidence, your lawyer can file a motion to dismiss the case. Motion for a Change of Venue: If a fair trial is unlikely due to pretrial publicity or other factors, your lawyer might request a change of venue. Motion in Limine: This motion seeks to put your case in a better position for trial and can include all types of things from requesting that police officers not be allowed to testify in uniform to prohibiting certain information from being discussed by witnesses at trial. Preparing the Best Defense Ultimately, a good criminal defense attorney is focused on preparing the best possible defense for your charges. This preparation involves several key steps: Investigating the Case: A thorough investigation might include interviewing witnesses, gathering additional evidence, and consulting with experts. Developing a Theory of Defense: Your lawyer will create a coherent theory of defense that explains why you should not be found guilty. Preparing for Trial: This includes drafting opening statements, preparing cross-examinations, and rehearsing your testimony if you choose to testify. Negotiating Plea Bargains: If a trial is not in your best interest, your attorney will negotiate with the prosecution to reach a plea bargain that minimizes your penalties. Conclusion Choosing the right criminal defense attorney is one of the most important decisions you can make when facing criminal charges. At Big River Trial Attorneys in Baton Rouge, we pride ourselves on providing comprehensive, proactive, and dedicated legal representation. A good criminal defense attorney will meet with you ahead of time to discuss strategy, provide and explain the discovery packet, analyze it for necessary motions, and help you prepare the best defense possible. Remember, your attorney is your advocate and guide through the legal process, and having a good one can make all the difference.

Criminal Defense

Over-the-Counter Medications that can Cause a False-Positive for Methamphetamine

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Drug testing has become a commonplace requirement in various aspects of modern life, from employment screenings to compliance with legal and medical guidelines. While these tests are essential for ensuring safety and adherence to regulations, they are not infallible. One significant issue is the occurrence of false positive results, where a test indicates the presence of a drug when it is not actually there. Among the most common types of false positives is methamphetamine. Surprisingly, certain over-the-counter (OTC) medications can lead to false positives for methamphetamine. This article explores these medications and provides guidance on how to verify which medication might be causing the false positive result. Common OTC Medications That Can Cause False Positives Pseudoephedrine and Ephedrine Usage: These are common decongestants found in many cold and allergy medications, such as Sudafed and Actifed. Reason for False Positive: Pseudoephedrine and ephedrine have a chemical structure similar to methamphetamine, which can result in cross-reactivity in drug tests, leading to a false positive. Phenylephrine Usage: Often used as a substitute for pseudoephedrine in decongestants to avoid restrictions on purchase, found in medications like Sudafed PE. Reason for False Positive: Although less common than pseudoephedrine, phenylephrine can still cause false positives due to its similar stimulant properties. Certain Antihistamines Usage: Antihistamines such as diphenhydramine, found in Benadryl, and doxylamine, found in NyQuil, are used to treat allergy symptoms and insomnia. Reason for False Positive: These substances can sometimes interfere with the assays used in drug testing, leading to false positives for methamphetamine. Labetalol Usage: This is a medication used to treat high blood pressure. Reason for False Positive: Labetalol can be metabolized into a substance that can be mistaken for methamphetamine in certain drug tests. Phentermine Usage: A prescription medication used for weight loss, available in some OTC supplements. Reason for False Positive: Phentermine is chemically similar to amphetamine and methamphetamine, which can lead to a false positive result. Confirming and Addressing False Positive Results If you receive a false positive result for methamphetamine, it is crucial to verify the result to avoid unwarranted consequences. Here are steps to take: Disclose All Medications: Inform the testing administrator about all OTC and prescription medications you are taking. This can help interpret the test results more accurately. Request a Confirmation Test: Most initial drug screenings use immunoassay tests, which are prone to false positives. Request a confirmation test using more precise methods, such as gas chromatography-mass spectrometry (GC-MS) or high-performance liquid chromatography (HPLC). These tests are more specific and can differentiate between methamphetamine and similar substances. Review the Testing Procedure: Ensure that the testing facility follows proper procedures to avoid contamination or errors. Inaccurate handling or labeling can also lead to false positives. Consult with a Medical Professional: A healthcare provider can assist in reviewing the test results and may provide a medical review officer (MRO) to interpret the results in the context of your medical history and medications. Keep Documentation: Maintain a record of all medications you are taking, including OTC drugs, prescriptions, and supplements. This documentation can be vital in explaining a false positive result. Use a Different Testing Method: If false positives persist, consider using a different drug testing method that is less prone to cross-reactivity with common medications. Conclusion False positive drug test results for methamphetamine can have significant repercussions, from job loss to legal issues. Understanding that certain OTC medications can cause these false positives is crucial for mitigating such risks. Pseudoephedrine, phenylephrine, certain antihistamines, labetalol, and phentermine are some common culprits. By being proactive—disclosing all medications, requesting confirmation tests, reviewing testing procedures, consulting medical professionals, and keeping thorough documentation—you can better manage and potentially avoid the adverse effects of a false positive result. The Baton Rouge criminal defense attorneys at Big River Trial Attorneys help people who are fighting drug charges and other types of criminal accusations. If you are dealing with a drug charge in the Baton Rouge area, give us a call at (225) 963-9638 to schedule a consultation.

Criminal Defense

Are Domestic Violence Charges Felony or Misdemeanor in Louisiana?

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Felony and Misdemeanor Domestic Violence Charges. Domestic violence is a serious offense that is not taken lightly in Louisiana. Law enforcement takes active steps to ensure that victims are protected from such violence at their homes. Due to the nature of the alleged crime, law enforcement officials often arrest an accused even before a proper investigation is done. Click here to download our free guide to the Nine Steps in a Louisiana Criminal Case. If you’ve been accused of a domestic violence charge, you know you are dealing with a serious situation. Having a lawyer on your side can help you present the best defense and protect your rights. Given the penalties and implications of being charged and possibly convicted of a domestic abuse battery offense, it is essential for an accused to have a knowledgeable and experienced criminal defense attorney to ensure that their rights are protected. What is Domestic Abuse Battery? Louisiana Revised Statute 14:35.3 defines domestic abuse battery as “an intentional use of force or violence committed by one household member or family member upon the person of another household member or a family member.” Simply put, the law recognizes domestic abuse battery if someone intentionally commits any force or violence towards their family or household member. Who is Considered Family Members or Household Members in Louisiana? Under the Louisiana Statute, family members include: spouses, whether they be present or former; child, whether they are biological, a stepchild, or a foster child; and parents, whether they are biological, stepparent, or foster parents. Whereas household members are defined as any individual that is: presently or formerly living in the same residence as the offender, and who is either involved or been involved with the offender in an intimate or sexual relationship; or A child of the offender, regardless if they live or do not live with the offender. How are Domestic Abuse Battery Charges Classified? Under Louisiana laws, domestic abuse battery charges are placed in two different categories – misdemeanor and felony charges. Generally, first and second domestic abuse battery offenses are classified as misdemeanors. However, specific allegations can enhance the charge from a misdemeanor to a felony charge. Moreover, multiple convictions for domestic abuse battery elevates the misdemeanor charge to a felony charge. What Circumstances Can Elevate a Misdemeanor Charge to a Felony? Specific circumstances of a domestic abuse incident can add heavier penalties to the offender. Such circumstances include: If the victim is pregnant and the offender knew of the victim’s pregnancy; If the victim is burned or strangled; If a child was present during the attack. What Are the Possible Penalties in a Domestic Abuse Battery Misdemeanor Conviction? The first and second conviction of a domestic abuse battery is classified as a misdemeanor. However, the penalties for the first and second convictions are not necessarily the same, even though they are categorized as misdemeanors. The first conviction for a domestic abuse battery offense is punishable by: Imposing a fine of $300 or up to $1,000; and Imprisonment of 30 days or up to six months, of which at least 48 hours must be served without parole, probation, or suspension. Moreover, the remainder of the sentence cannot be suspended unless the offender is: placed on probation with a minimum of four-day jail time and complete a court-mandated domestic abuse intervention program, and the offender would not own or possess any firearm during the entirety of the sentence; or Placed on probation with a minimum condition that they perform an 8-hour workday for eight days for court-approved community service activities and complete a court-mandated domestic abuse program, and that the offender would not own or possess any firearm during the entirety of the sentence. While the second conviction for a domestic abuse battery offense is punishable by: Imposing a fine of $750 or up to $1,000; and Imprisonment of at least 60 days or up to one year. In addition to the state penalties listed above, federal law imposes that individuals convicted of misdemeanor domestic abuse battery would be prohibited from possessing firearms even after their sentence has been completed. Moreover, they may be subject to deportation or inadmissibility to the United States. What Are the Possible Penalties in a Domestic Abuse Battery Felony Conviction? A third domestic abuse battery conviction or elevated first or second domestic abuse battery conviction is classified as a felony. Felony convictions for domestic abuse battery are punished with a mandatory sentence of at least one and can be up to five years. In addition to the state penalties listed above, federal law imposes that individuals convicted of felony domestic abuse battery would be prohibited from possessing firearms even after completing their sentence. Moreover, immigrants may be subject to deportation or inadmissibility to the United States. Are There Any Defenses Against Domestic Abuse Battery Charges? Yes, there are defenses available to the accused against domestic abuse battery charges. Some of these defenses may include self-defense, the accused did not commit the crime or false allegation. For self-defense, the accused may reason that their infliction of force or violence is an act to defend themselves, another family, or household member from the same violence and force from the accuser. It is also possible that the accuser has fabricated the allegations made against the accused. Thus, the accuser may use this as a defense against the charge. Moreover, since the prosecutor has the burden to prove their case beyond a reasonable doubt, it might be the case that the prosecutor has a weak case, where their investigation cannot prove that the accused had committed the crime. If you or a loved one has been involved in a domestic abuse situation in Louisiana, you should speak with a good criminal defense attorney. Our experienced criminal attorneys have extensive knowledge in handling domestic abuse situations and can fully represent your interest in this matter. Please feel free to give us a call at (225) 963-9638, or you can click here to contauct us about scheduling

Criminal Defense

Is DUI/DWI a Felony or Misdemeanor in Louisiana?

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Driving under the influence (DUI) or while intoxicated (DWI) are serious offenses in Louisiana. Certain factors, including the driver’s Blood Alcohol Content (BAC) and the number of previous DUI/DWI offenses, can affect a charged person’s penalties. Given the severity of a DWI/DUI charge and the implications of the penalties, it is vital to have the proper representation of a dedicated criminal attorney to represent your case. What is Considered Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) in the State of Louisiana? Under Louisiana driving laws, Blood Alcohol Content (BAC) limits in operating a vehicle are as follow: All drivers must have a BAC of no more than 0.08%; Commercial drivers must have a BAC of no more than 0.04%; and Minor drivers, which are those under the age of 21, must have a BAC of no more than 0.02% Any BAC over the limits listed above is a DUI/DWI violation and is subject to criminal prosecution. Are DUI Offenses Considered a Misdemeanor or Felony Charge in Louisiana? In Louisiana, DUI/DWI offenses are categorized between felony and misdemeanor. First and second DUI/DWI offenses are classified as misdemeanor charges, while a third or more DUI/DWIs are charged as a felony. What are the Penalties for a Misdemeanor First DUI/DWI Offense in Louisiana? A person’s first DUI/DWI offense is classified as a misdemeanor in the state of Louisiana, and the court can impose the following penalties: A fine of $300 up to $1,000; Jail sentence from 10 days for up to 6 months; Suspension of driver’s license for 12 months; Restricted driver’s license, which can be immediately done at the time of arrest; and Mandatory installation of an IID (Ignition Interlock Device) on the driver’s automobile for the entire suspension period. However, the court can raise the sentence to the following if the driver’s BAC (or blood alcohol content) is higher than 0.20%: A fine of $750 for up to $1,000 Suspension of driver’s license for up to two years Other possible penalties that the court can impose includes: A minimum of 32 hours of community service; Mandatory attendance to a court-approved substance abuse program and driver improvement program What are the Penalties for a Misdemeanor Second DUI/DWI Offense in Louisiana? As stated above, a second DUI/DWI offense is still considered a misdemeanor in the state of Louisiana. The court can impose the following sentence for this offense: A $750 for up to $1,000 fine; Jail sentence from 30 days to up to 6 months; A probation period of up to 6 months, of which 48 hours must be served in jail; Mandatory community service of at least 240 hours; and Mandatory attendance to court-approved substance abuse and driver improvement programs. The following special penalty requirements are also imposed on second-time DUI/DWI offenders: An offender with at least a .15 BAC must serve at least 96 hours of their jail sentence; An offender with at least a .20 BAC must serve a mandatory 96 hours of their jail sentence, must pay a $1,000 fine, required to install an IID on their vehicle for at least three years, and their driver’s license is suspended for five years. What are the Penalties for a Felony Third DUI/DWI Offense in Louisiana? In the state of Louisiana, a third DUI/DWI offense is classified as a felony, and the court can impose the following sentence for such offense: A $2,000 fine; Imprisonment for one year and for up to 5 years, of which at least one year must be served without the suspension of sentence; A probation period of up to 5 years, of which one year must be served in jail; Mandatory community service of at least 240 hours; Mandatory attendance to court-approved substance abuse and driver improvement programs; Required substance abuse evaluation to determine the nature and extent of the offender’s addictive disorder, along with the mandatory inpatient substance abuse treatment for four weeks, in addition to the outpatient treatment of up to 12 months; and Mandatory installation of IID on all vehicles driven by the offender. What are the Penalties for a Felony Fourth or Succeeding DUI/DWI Offense in Louisiana? Similar to a third-time DUI/DWI offense, the fourth or any subsequent DUI/DWI offense is classified as a felony in the state of Louisiana. However, these type of offenses carries harsher penalties than the third offense and includes: A $5,000 fine; A prison sentence of at least ten years and up to a maximum of 30 years; Probation sentence of up to 5 years; 320 mandatory community service; A mandatory substance abuse evaluation to determine the nature and extent of the offender’s addictive disorder; and A required substance abuse inpatient treatment for four weeks, plus up to 12 months of outpatient therapy. Are My DUI/DW Offenses from Another State Within Ten (10) Years Counted in Determining the Severity of My DUI/DWI Charge in Louisiana? Yes, other DUI/DWI violations committed in other states are considered in classifying the current DUI/DWI charge committed in Louisiana. For example, suppose you are convicted of two other DUI/DWI offenses in another state. In that case, the previous charges are considered, and you will be charged with a felony third DUI/DWI offense even if this is your first DUI/DWI charge in Louisiana. Thus, committing a DUI/DWI is an offense that has profound implications and penalties. Moreover, other factors including but not limited to previous DUI/DWI offenses in other states can negatively impact a DUI/DWI charge and penalties. Therefore, you must have the proper representation of an experienced criminal attorney to advocate for your interest in a DUI/DWI case. If you or a loved one has been charged with a DUI/DWI offense in Louisiana, you should speak with us. Our firm has extensive knowledge and experience in DUI/DWI charges, and our attorneys can represent you on your DUI/DWI charges. Please feel free to give us a call at (225) 963-9638, or you can go to our website at  www.messerfirm.com to contact us and schedule a consultation.

Criminal Defense

Robbery Charges in Louisiana

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Robbery Charges In Louisiana Attorney Rusty Messer coming to you today from Baton Rouge Louisiana. Today we are going to talk about the four types of robbery in Louisiana. What Is A Robbery Charge In The State Of Louisiana? All Robbery Charges in Louisiana are crimes of violence and that is very important because being convicted of a crime of violence affects how you get good time credit and it also affects where you actually do your time. There Are Four Types Of Robbery Charges The First Type Is Simple Robbery Simple Robbery is the taking of something of value from another with the use of force or violence. The sentence for Simple Robbery is 0 to 7 years. The Second Type Is 1st Degree Robbery First Degree Robbery involves the taking of something from another with the use of force or violence when the person believes that you were armed with a dangerous weapon. You don’t have to actually be armed with a dangerous weapon. It matters if the person reasonably believes you are armed with the dangerous weapon. The sentence for First Degree Robbery is 3 to 40 years. The Next Is 2nd Degree Robbery Second Degree Robbery involves taking something from another when there is serious bodily injury to the victim. The sentence for Second Degree Robbery is also 3 to 40 years. The Last Type Is Armed Robbery Armed Robbery is the taking of something of value from another with the use of force or violence when you are armed with a dangerous weapon. Armed Robbery in Louisiana carries the sentence of 10 to 99 years but there is also an enhancement on Armed Robbery, if the weapon is a firearm, there is an additional 5 years sentence added to the sentence. If you or a loved one are accused of any robbery offense in Louisiana you should speak with an experienced criminal attorney. Please feel free to give us a call (225) 963-9638 or you can go to our website at www.messerfirm.com

Criminal Defense

Louisiana Criminal Case Deadlines

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Contact Us Louisiana Criminal Case Deadlines If you’re dealing with a criminal charge, you may be wondering why your case is taking so long and if there is anything that can be done to speed it up. If you’ve been charged with a crime in Louisiana, the law provides certain deadlines for your case. Local jails and District Attorneys often fail to comply with these deadlines which can unnecessarily delay your criminal case and can result in prolonged detention. While the law places the burden on the State to meet these deadlines, the defendant will usually need to be the one to let the court know if the State has missed one. Determination Of Cause For Arrest If you were arrested without a warrant, the arresting agency has 48 hours to bring you before a judge for an initial determination as to whether there was probable cause for your arrest. This is usually done by a judge or magistrate reviewing the initial arrest report. If the arresting agency fails to do this, you are supposed to be released on your own recognizance, commonly called a sign-out bond.  The State can still prosecute you on the charges. The court almost always finds that there was probable cause for your arrest. If you are charged with a felony, your attorney may be able to have a second hearing to see if there was probable cause to arrest you through what is known as a preliminary examination. In the rare occasion a court finds there was not probable cause for your arrest, the State can still come back and re-arrest you and submit additional evidence. Determination Of Attorney After you are arrested, you have to be brought before a judge within 72 hours for the purpose of determining if you are eligible for a court appointed attorney. The 72-hour period does not include Saturdays, Sundays, or holidays. In most parishes this is done over video and you are not actually brought into court. The court can also set or review your bail at this hearing. If the law enforcement agency holding you fails to bring you before a judge within 72 hours, you are supposed to be released on a sign-out bond. This does not mean your charges will be dismissed and does not affect the State’s ability to prosecute you. The 48-hour probable cause hearing and the 72-hour appointment of counsel hearing are often done at the same time. Setting Bail Everyone arrested in Louisiana is entitled to bail unless he or she is charged with certain domestic violence or family-based offenses and a court determines after a hearing that he or she is not entitled to bail. The amount of bail is in the discretion of the judge and can vary greatly. The judge is supposed to set bail based on your flight risk and whether you pose a danger to the community. The judge will usually consider the evidence against you based on the initial police report, any prior criminal history, and your ties to the community. You can still come back later and request a bond reduction but it usually requires filing a written motion in court. Beginning Formal Prosecution If you are arrested the police officer will list the crime he or she thinks you have committed, but what you formally get charged with will be determined by either the District Attorney or a Grand Jury, depending on the allegations. If you arrested for a misdemeanor and unable to post bond, the State has 45 days to formally charge you with a crime.  The State has 60 days to formally charge you with a felony unless the crime is punishable by death or life in prison without parole. Then, the state has 120 days to formally charge you. If you have bonded out, the State has 90 days to charge you with a misdemeanor and 150 days to charge you with a felony. If the State fails to comply with these timelines it does not mean that your charges will be dismissed. However, you may be able to have a hearing and get your bond obligation either cancelled or reduced. Arraignment Once the State formally charges you with a crime, it has 30 days to set you for an arraignment. You do not have to be arraigned within 30 days, but your arraignment has to be set. An arraignment is where the defendant will go to court and be advised of the charges against him or her and usually enter a plea of “not guilty” to the charges. Setting The Case For Trial Once you are arraigned on your charges, you are entitled to a speedy trial. The state has to bring you to trial with 120 days if you are accused of a felony and 30 days if you are accused of a misdemeanor and are still being held in custody. If you have bonded out, the State has 180 days to bring you to trial on a felony charge and 60 days to bring you to trial on a misdemeanor charge. The right to a speedy trial is not automatic and you have to file for a motion requesting a speedy trial. The motion has to be accompanied by an affidavit signed by you, and your attorney if you have one, stating you are ready to go to trial. If the State fails to bring you to trial within the required time it does not result in your charges being dismissed. It should result in you being relieved of any bail obligations. Formally Being Charged With A Crime Formal prosecution for a crime is began by the filing of a bill of information by a prosecutor or an indictment by a grand jury. If you are charged with a misdemeanor that is punishable by only a fine, the State has six months to begin prosecution of a crime. The State has two years to begin prosecution if you are charge with a misdemeanor that is

Criminal Defense

Steps in a Louisiana Criminal Case

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Steps In A Louisiana Criminal Case Being arrested and accused of a crime can be a scary and confusing experience. According to the Law Offices of Lonny Fish in Philadelphia, a Louisiana criminal court case can have multiple parts and it can be difficult to know what is happening at each stage of the case. While each case in unique, there are several common steps that you can expect in your case. Some criminal cases resolve very quickly and some drag on for months or even years. Some cases may have only one or two court appearances and other cases may require several court appearances. How long your case will take to resolve can depend on several things, such as the complexity of your case, the weight of the evidence against you, the availability of witnesses, and whether your case ends in a plea agreement or goes to trial. There can be strategic reasons to push a case to trial or to delay a case, and an experienced criminal defense attorney can help you decide which strategy is best for your case. This article will discuss the most common steps in a criminal case in a Louisiana state court and what to expect at each. ARREST A criminal proceeding usually begins with an arrest. When a police offer arrests you, the officer will charge you with the crime that he or she thinks you’ve committed. What you are formally accused with is up to the District Attorney for the parish that you are arrested in. Your actual criminal charges can be different from what you were arrested for. BAIL BOND Most people arrested in Louisiana are entitled to a have bail set. Bail is an amount of money or property the court will accept in order to allow someone to be released from jail while a case is pending. After a person is arrested, he or she has to be brought before a judge within 72 hours to determine if a public defender will be appointed. The court can also set a bail amount at the hearing. These hearings are often done from the jail through a video conference. Judges will often set bail before the video hearing by looking at what a person is charged with and his or her criminal background. BILL OF INFORMATION OR INDICTMENT Criminal prosecutions start in one of two ways – either by an indictment from a grand jury or by a bill of information filed by a prosecutor. If you’re charged with a crime punishable by death or life imprisonment, the charges have to be brought before a grand jury. A grand jury is a group of twelve people that the prosecutor presents evidence to and then asks them to charge someone with a crime. Other criminal prosecution can be brought by a bill of information, which is simply a piece of paper signed by a prosecutor. For most crimes, when a person is arrested and is unable to bond out of jail, an indictment or bill of information has to be filed within 45 days if he or she is charged with a misdemeanor and within 60 days if he or she is charged with a felony. The State has 120 days to get an indictment if the defendant is charged with a crime punishable by death or life imprisonment. If a person has posted a bond and is no longer in jail, the State has 90 days to charge him or her with a misdemeanor and 150 days to charge him or her with a felony. ARRAIGNMENT Once the indictment or bill of information is filed, the defendant should be arraigned within 30 days. At arraignment the defendant will be told what he or she is being charged with and will enter a plea to the charge. The defendant’s initial plea will almost always be “not guilty.” MOTIONS HEARING Once the initial plea is entered, the court will give the defendant fifteen days to file what are called pre-trial motions. There are several common pre-trial motions, and an attorney will be able to determine which ones need to be filed. The court will also set a date for those motions to be heard, which is usually 30 to 60 days after the arraignment date. It is not uncommon to have more than one date for motions in a criminal proceeding. STATUS CONFERENCES OR PRE-TRIAL CONFERENCES At a status conference the court will meet with both sides to see how the case is moving along. Pre-trial conferences usually happen much closer to trial for the court and the parties to discuss any issues that need to be resolved before the case is ready for trial. These conferences often happen in court but sometimes will happen in the judge’s conference room. When they happen in the conference room, only the attorneys will be allowed to go back. GUILTY PLEA CUTOFF Some courts set a hearing for the defendant to come to court and either formally accept or reject any offer made by the State. After this date, any offer made by the State may no longer be available. TRIAL If the case does not get worked out in any of the earlier hearings, it will get set for a trial. Misdemeanors are tried before a judge in what is called a bench trial. If you are charged with a felony, you are entitled to a jury trial. The jury will consist of six or twelve people depending what you are charged with. APPEAL An appeal is a request to a higher court to review the judgment of a trial court. Anyone convicted of a felony has a right to an appeal. The appellate court will not reconsider all of the facts of the case but will review the proceedings at the trial court level to determine if everything was done properly. There is no right to appeal a misdemeanor conviction in Louisiana but a higher court will have discretion to review the

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