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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.

Pill packet.
Criminal Defense

Can Medications Cause a False Positive Drug Test?

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In a world where drug testing is a common practice, especially for safety-sensitive job roles governed by the Department of Transportation (DOT), the risk of false positive results poses a significant threat to one’s career and reputation. From truck drivers to flight attendants, individuals need to be aware of the unexpected medications that could potentially lead to a false positive drug test. Here, we delve into the intricacies of drug testing, explore common substances that trigger false positives, and offer guidance on what to do if faced with such a situation. Understanding Drug Tests The following types of drug tests are commonly employed, and chances are that if you are being tested, it is through one of these methods: The 5 Panel Drug Test: This standard screening tool detects the presence of five commonly abused substances: Marijuana (THC), Cocaine, Amphetamines, Opiates, and Phencyclidine (PCP). Widely used in the workplace, the 5 Panel Drug Test is cost-effective and provides rapid results, making it a preferred choice for pre-employment and random testing. The 10 Panel Drug Test: Expanding on the 5 Panel, this test covers a broader spectrum of illicit drugs, including Barbiturates, Benzodiazepines, and Methadone. It is commonly utilized in law enforcement, rehabilitation, and occupational medicine settings and offers a more comprehensive substance use assessment. Urine Drug Testing: The most common method due to its non-invasive nature, the Urine Drug Test detects recent substance use. It is widely employed for pre-employment, post-accident, and random testing scenarios. Saliva Drug Testing: Known for its convenience and immediate results, the Saliva Drug Test is ideal for detecting recent drug use, making it suitable for on-site testing after accidents or reasonable suspicion scenarios. Blood Drug Testing: While the most accurate, Blood Drug Tests are invasive and reserved for situations requiring precise results, such as legal cases or serious workplace incidents. Hair Follicle Drug Testing: Offering a unique three-month overview of an individual’s substance use history, the Hair Follicle Drug Test stands out for its long detection period. Surprising Medications That Can Cause a False Positive Drug Test The following common medications may lead to false positive drug test results: Dextromethorphan (Robitussin DM, Delsym): Used in cough suppressants, dextromethorphan can yield a false positive for PCP. Diphenhydramine (Benadryl, ZzzQuil): This antihistamine may trigger false positives for opioids and opiates, with rare cases of PCP positives. Decongestants (Pseudoephedrine, Sudafed, Nexafed): Pseudoephedrine, commonly used for sinus congestion, may result in false positives for amphetamine or methamphetamine. Phentermine (Adipex-P, Lomaira): Used for weight loss, phentermine can lead to false positive results for amphetamines. NSAIDs (Ibuprofen, Naproxen, Advil, Motrin, Aleve): Common pain relievers like ibuprofen can cause false positives for barbiturates or THC. Antidepressants (Bupropion, Trazodone, Prozac, Zoloft): Several antidepressants may produce false positives, including hallucinogens and benzodiazepines. Quetiapine (Seroquel): This antipsychotic may result in a positive test for opioids, specifically methadone. Proton Pump Inhibitors (Omeprazole, Esomeprazole, Prilosec, Nexium): Used for GERD treatment, PPIs may yield false positive results for THC. Quinolone Antibiotics (Ciprofloxacin, Levofloxacin, Cipro, Ofloxacin): Certain quinolone antibiotics may trigger false positives for opiates or amphetamine/methamphetamine. Promethazine (Phenergan, Promethegan): Used for nausea and vomiting, promethazine can cause false positives for amphetamine or methamphetamine. Addressing False Positives: What to Do Next If you are reeling from a false positive drug test result, stay calm. The following first steps will be crucial to preserving your rights and reputation. Stay Calm and Seek Clarification: If possible, request detailed information about the test results and the substances for which you tested positive. Review Your Medications and Supplements: Compile a list of all recent medications, over-the-counter drugs, and dietary supplements that could have affected the test results. Inform Your Employer: Immediately communicate with your employer or designated union/HR representative. Disclose any medications or substances that may have influenced the test results. Request a Re-Test: Ask for a second test with a fresh sample, preferably at a certified testing facility. Consult the Medical Review Officer (MRO): Speak with the MRO assigned to your case, a licensed physician responsible for analyzing drug test results. Seek Legal Advice: Seek legal counsel, especially if you suspect that testing procedures were not followed correctly or if you think your rights have been violated. Gather Documentation: Collect relevant documentation, such as medical records or prescriptions, supporting your case against the false positive result. Consider SAP Evaluation: If required by your employer, undergo an evaluation by a qualified Substance Abuse Professional as part of the Return-to-Duty process. Stay Informed: Understand your rights as an employee, including the confidentiality of drug test results and the right to fair treatment throughout the process. Reach Out to a Skilled Attorney for Help Navigating the complexities of drug testing requires awareness of not only common substances but also the unexpected medications that may lead to false positives. By staying informed, following proper protocols, and seeking guidance when needed, individuals can protect their careers and maintain their professional standing in the face of a challenging situation. Reach out to a skilled criminal defense lawyer in Raton Rouge today for help.

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

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

Bench Warrants and Failure to Appear

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Bench Warrants And Failure To Appear If you’re arrested in Louisiana, you will most likely be entitled to have bail set in your case. You can be released from jail by posting a bond to secure the bail. In addition to posting a bond, you will need to provide an address that you can be served with court notices at. The address you provide when you bond out is presumed to be your address for service for all future court notices unless you change your address in writing with the court. If you’ve been given a traffic ticket or some other summons to appear at court, you also have to keep your address current with the court. If you miss your criminal court appearance in Louisiana, the court will likely issue a warrant for your arrest. This is commonly called a bench warrant because it’s issued by the judge while sitting at his desk in the courtroom, which is also known as the “bench”.  Missing court may also be called a “failure to appear” or “FTA” for short. I can’t count the number of times I’ve seen someone in jail on a bench warrant whose reason for not coming to court was that he or she did not get notice because he or she moved. But under Louisiana law changing your address is not an excuse for missing court. The law requires that you also let the court know about your new address. You can update your address by filing a written declaration with the clerk of court for the parish your charges are pending in. Most clerks of court have a form for you to fill out to update your address. Another common reason I see people in jail for bench warrants is that they lost their notice and forgot the date. If you are present in court when the judge tells you about your next court date, the court does not have to give you any additional notice. Some courts will give you a written notice that day with your next court date and some will just tell you what the next date is. Either way, it is your job to remember what your next court date is and to be present on that date. If a court issues a bench warrant for you, there are a couple of different ways that the warrant can be cleared up. Only the judge that issued the warrant can recall the warrant. You or your attorney can contact the court to request that the warrant be recalled. Oftentimes, you will need to physically go to court to pay a warrant recall fee and get notice of your new court date. The court may waive the fee if you can show a good reason you were not in court. For example, if you missed court because you were sick, you should bring medical records with you to show that you actually were sick. Unfortunately, warrants are often cleared up by an arrest and serving time in jail. If you moved and did not update your address with the court, the notice of the warrant also went to the old address so you likely don’t even know about the warrant. It come as quite a shock to be out of town and get pulled over for a minor traffic violation only to be arrested and transported back to the parish where your case is pending. Failing to appear in court can also result in new criminal charges. Louisiana law defines jumping bail as the intentional failure to appear at the date, time, and place as ordered by the court before which the defendant’s case is pending. Under the law, the district attorney only needs to prove that you received notice of the court date, either at your address of record or in open court. If your original charge was a felony, then a charge for jumping bail would also be a felony. Dealing with bench warrants can be a hassle and can cost both time and money. You can avoid that hassle by keeping your address updated with the court, writing down and keeping track of your court dates, and appearing to court when you are scheduled to be there. If you need help getting a bench warrant recalled, or if you have other questions about a criminal case, call Big River Trial Attorneys at (225) 963-9638 for an appointment. An experienced criminal defense attorney will discuss your case with you to help you decide the best way to handle your situation.

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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