What Happens When You Get Arrested in Louisiana
Getting arrested is a frightening and overwhelming experience, especially if it’s your first time in the criminal justice system. If you or someone you love has recently been arrested in Louisiana, it’s essential to understand what happens next, especially when it comes to bond hearings, making bail, and what to expect from the legal process ahead.
This guide walks you through each stage—from arrest to arraignment—so you can make informed decisions and protect your rights from the very beginning.
Step One: Arrest and Booking
After an arrest in Louisiana, the first step is booking, which includes fingerprinting, photographing (mugshot), and recording personal information. You’ll then be held in jail until a magistrate judge reviews your case and sets a bond amount.
By law, you must be brought before a judge within 48 hours of your arrest for a bond hearing.
What Is a Bond Hearing?
A bond hearing is not about proving guilt or innocence. The purpose is to determine whether you can be released from jail before trial and under what conditions. The judge will consider several factors when setting bond:
The severity of the charges
Your criminal history (if any)
Risk of flight (likelihood you’ll appear in court)
Your ties to the community (such as employment or family)
The bond is meant to ensure your appearance at future court dates—not to punish you.
Can You Be Released Without Paying Bond?
Yes, in some cases, the judge may grant you a release on your own recognizance (ROR). This means you are trusted to return to court without paying money. However, ROR is generally reserved for non-violent offenses and low-risk defendants.
Charges that typically do not qualify for ROR include:
Violent crimes
Gun charges
Sex offenses
Certain drug-related crimes
How to Make Bail in Louisiana
If you’re not eligible for ROR, you’ll need to post bail to get out of jail. You have a few options:
Cash Bond – Pay the full bond amount directly to the sheriff’s office.
Property Bond – Use property as collateral (this requires court approval and appraisal).
Bail Bondsman – Pay a licensed bail bonds company approximately 12–13% of the total bond amount. This fee is non-refundable.
💡 Example: If your bond is set at $10,000, you’ll typically need to pay around $1,300 to the bail bondsman.
What Happens If You Can’t Make Bail?
If you can’t afford bail, you’ll remain in custody while the District Attorney (DA) decides whether to move forward with charges. The DA has a limited time to act:
Misdemeanors: 45 days
Felonies: 90 days
Serious offenses (e.g., murder, aggravated rape): longer timelines apply
If the DA doesn’t file charges within the legal timeframe, you may be entitled to a 701 release—meaning you can be released from custody even if charges haven't been dropped. However, this does not mean your case is over. The DA can still pursue charges for up to:
2 years for most misdemeanors
4 years for most felonies
Longer for violent and sex-related crimes
Arraignment: Your First Court Appearance
If the DA accepts your case, you will be notified to appear in court for an arraignment. This is where you will:
Hear the formal charges against you
Enter a plea: Guilty, Not Guilty, or No Contest
Most defendants plead Not Guilty at this stage to give their attorney time to review the evidence.
The court will then assign you a motion hearing date or discovery date. If you haven’t hired a lawyer yet and appear able to do so, the court may schedule a hearing to determine counsel.
Motion Hearings: Challenging the Evidence
At your motion hearing, your attorney can challenge the basis of your arrest or how the evidence was obtained. The DA will present evidence to show probable cause exists for your case to go to trial.
Your lawyer may:
Cross-examine police or witnesses
Argue to suppress evidence
Raise constitutional or procedural concerns
The standard of proof is lower than at trial, but this stage is critical for building your defense.
Plea Bargains and Pre-Trial Diversion
In many cases, the District Attorney may offer a plea deal, which could involve:
Reducing your charges
Avoiding jail time
Entering a pre-trial diversion program (common for first-time offenders)
Plea deals can be beneficial, but they’re not right for everyone. You should only accept a plea after discussing the pros and cons with an experienced criminal defense attorney.
Why Hiring the Right Criminal Defense Attorney Matters
Facing criminal charges in Louisiana is a serious matter. A skilled attorney can mean the difference between jail time and freedom, a felony and a misdemeanor, or even dismissal of charges altogether.
An experienced lawyer can help you:
Understand your rights
Navigate the criminal justice system
Explore every possible defense
Negotiate with the DA for the best possible outcome
Stand up for you in court
I understand how overwhelming it is to face criminal charges. That’s why I offer free consultations to help you understand your rights and take the first step toward protecting your future.
Remember… When No One’s Carin’, Call McLaren. Call today to speak directly with an attorney who will fight for you from day one.