Being arrested in Louisiana can be overwhelming, especially for someone who has never been involved in the criminal justice system before. While every case is different, Louisiana law sets out a fairly defined process that begins immediately after an arrest and includes important deadlines that the State must follow. Whether an arrest is made pursuant to a warrant or without one, and whether the person remains in jail or is released on bond, can significantly affect how quickly the prosecution must act.
An arrest may occur either with an arrest warrant or without one. When law enforcement arrests someone pursuant to a warrant, a judge has already determined that probable cause exists to believe the person committed a crime. In many cases, the decision to seek a warrant follows some level of prosecutorial review, although that is not always required. After a warrant arrest, the person is booked into jail, and a court appearance is scheduled where bond may be addressed if it has not already been set.
By contrast, many arrests occur without a warrant. Louisiana law allows police officers to make warrantless arrests when a crime is committed in their presence, when they have probable cause to believe a felony has been committed, or in other limited circumstances. After a warrantless arrest, the individual must be brought before a judge within a short period of time, typically by the next business day, for a determination of probable cause and the setting of bond. Even though no warrant was issued beforehand, the legal deadlines for filing charges still begin to run from the date of arrest.
Once someone is arrested, one of the most important factors is whether that person remains in custody or is able to post bond and secure release. Louisiana law treats these situations differently because pretrial detention implicates fundamental liberty interests. The longer a person remains in jail without formal charges being filed, the greater the constitutional concern.
Article 701 of the Louisiana Code of Criminal Procedure governs the time limits within which the State must formally charge a defendant by filing a bill of information or obtaining an indictment. These deadlines are strictly tied to whether the person is still in custody or has been released on bond.
If a person remains in jail after arrest, the State must act quickly. For misdemeanor offenses, the prosecution has thirty days from the date of arrest to file formal charges. For non-capital felony offenses, the deadline is sixty days. For the most serious felony offenses, those punishable by death or life imprisonment, the State has one hundred twenty days. If the prosecution fails to meet these deadlines, the defense may file a motion requesting the defendant’s release from custody. Unless the district attorney can show “just cause” for the delay at a contradictory hearing, the court is required to order the defendant released from jail.
If the person is able to post bond and is released from custody, Article 701 still applies, but the State is given more time to file charges. In misdemeanor cases, the prosecution has ninety days from the date of arrest to file a bill of information or indictment. In felony cases, the deadline is one hundred fifty days. If the State fails to meet these deadlines and cannot show just cause for the delay, the defense may seek an order discharging the bond obligation. While this does not permanently bar prosecution, it relieves the defendant from the conditions and financial burden of the bond.
It is important to understand that a successful Article 701 motion does not automatically result in dismissal of the case. In most situations, the remedy is release from custody or discharge of bond, not dismissal of charges. The State may still file charges later, so long as it does so within the applicable prescriptive period and complies with constitutional speedy trial requirements. However, Article 701 is a powerful tool to prevent people from sitting in jail indefinitely while the prosecution delays formal action.
Once charges are filed, the case proceeds to arraignment, where the defendant enters a plea, most often not guilty. From there, the case moves into the pretrial phase, which includes discovery, motion practice, and hearings. Article 701 also contains provisions governing the right to a speedy trial after charges are filed, particularly when a defendant files a formal motion demanding a speedy trial.
The period immediately following an arrest is one of the most critical stages of a criminal case. Decisions made during this time can affect bond, custody status, and long-term strategy. Understanding the timelines imposed by Louisiana law, particularly Article 701, can make the difference between remaining incarcerated and securing release while a case is pending. Anyone who has been arrested should speak with an experienced Louisiana criminal defense attorney as early as possible to ensure that these rights are protected and that the State is held to its legal obligations.