Oh No, I Have Been Arrested - What Now?
If you've been arrested and charged with a crime, you'll almost certainly be sent to prison for booking. Booking is an important aspect of the record-keeping process. It includes your mug shot, fingerprints, the alleged offense(s), and a few other details surrounding your arrest.
Next, using a schedule set up by the courts, a bail will be set. The severity of your crimes, as well as the number of charges brought against you, determine the amount. In certain circumstances, no bail will be issued; however, in the majority of cases, bail will be set. In addition, unless you have been charged by a grand jury, you will appear before the magistrate to be informed of the charges filed against you and to be advised of the bail amount. In certain situations, the judge may ask you a few questions, but in most cases, your appearance is brief and is normally done by closed-circuit television from the jail to the judge in the courtroom.
During your initial appearance, the judge may ask if you have hired a lawyer or if you would like one appointed to you. If you request an appointed attorney, you must fill out an application that details your financial status as well as your ability or inability to hire an attorney.
The next appearance in court will be for arraignment. Your lawyer must be with you for this short hearing. The purpose of an arraignment is for you to hear the formal charges filed by the District Attorney and to plead guilty of not guilty or guilty before a court. If you file a not guilty plea, you will have 15 days to file motions. Motions can cover a wide range of topics, but the majority of them consider having the court rule on the constitutionality of the circumstances surrounding your arrest. Both the United States and Louisiana Constitutions provide rights that must be adhered to for a valid arrest, prosecution, and conviction. If any of these rights are found to have been violated, it is conceivable that all charges will be dropped and your case will be dismissed, unless the District Attorney can correct any errors and refile charges.
Once all motion hearings have been argued before the court, a pretrial conference will be held to resolve any remaining problems and determine a trial date.
Depending on the facts and severity of the alleged offense(s), the above procedure could take a year or more; however, most cases are resolved in six to eight months.
This brief outline simply includes the highlights of the entire process. This is only to give you an idea of what to expect. If you are arrested, your lawyer should keep you updated and assist you to understand what is going on and what to expect.
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