Stephen D. Hebert - Understanding Article 701: Louisiana’s Speedy Trial Time Limits

If you or a loved one has been arrested in Louisiana, one of the most important — and often misunderstood — issues is how long the State has to move your case forward. As a Louisiana criminal defense attorney, I frequently receive questions about delays, jail time, and whether charges can be dismissed when the process takes too long. Article 701 of the Louisiana Code of Criminal Procedure plays a central role in answering those questions.

In Jefferson Parish, Article 701 issues commonly arise in cases prosecuted in the 24th Judicial District Court in Gretna, where all felony charges are handled. Arrests made by the Jefferson Parish Sheriff’s Office or municipal police departments in Gretna, Harvey, Marrero, Westwego, Metairie, and Kenner are all subject to the same Article 701 time limits, but how those deadlines apply often depends on whether the accused remains in custody and how the case is procedurally postured.

Article 701 sets specific time limits on how long a person can be held in custody without the State formally instituting prosecution or bringing the case to trial. While it is often referred to as Louisiana’s “speedy trial” rule, Article 701 is distinct from the constitutional right to a speedy trial. It is a statutory protection designed to prevent people from sitting in jail indefinitely while their cases stall.

Under Article 701, the applicable time limits depend on the seriousness of the charge and whether the person remains incarcerated or has been released on bond. For felony cases where the accused remains in custody, the State generally has 60 days from arrest to file formal charges. If the accused is not incarcerated, that time period extends to 90 days. For misdemeanor cases, the State generally has 45 days if the accused is in custody and 60 days if the accused is not.

If the State fails to file charges within these time limits, Article 701 allows the defense to file a motion seeking release from custody. It is important to understand that Article 701 does not automatically result in a dismissal of charges. Instead, the primary remedy is release from jail, meaning the accused cannot continue to be held solely because the State missed the deadline.

Even after formal charges are filed, Article 701 continues to impose time limits on bringing the case to trial. In felony cases where the accused remains incarcerated, the State generally has two years from the date charges are instituted to commence trial. In misdemeanor cases, that period is typically one year. If the accused is not incarcerated, those time limits are longer.

These timelines are not absolute. Louisiana law allows certain events to interrupt or suspend the Article 701 clock, including defense motions, continuances, or other procedural delays. Prosecutors often rely on these interruptions to argue that time has not expired, which makes careful tracking of deadlines critical.

Because Article 701 issues are highly technical, they are often overlooked by unrepresented defendants. A Louisiana criminal defense attorney can monitor the applicable deadlines, determine whether delays are attributable to the State, and file the appropriate motions when violations occur. In some cases, enforcing Article 701 can result in a client’s release from custody or significantly improve leverage in resolving the case.

At Stephen D. Hebert, LLC, we regularly evaluate Article 701 time limits in cases involving both felony and misdemeanor charges. If you have been arrested in Louisiana and are concerned about delays in your case, speaking with a criminal defense attorney early can help ensure that your statutory and constitutional rights are protected.