Arrest to Appeal: What happens when you’re arrested?

Hi, this is Bradley Phillips. I’m a criminal defense, personal injury, and traffic ticket attorney here in New Orleans. I’m not going to waste any time today—I want to get right into it, because we’re going to cover your criminal case from arrest through appeal in under five minutes.

So what happens when you’re arrested? It usually happens in one of two ways: either by warrant or on the spot. A warrant happens when the police investigate a complaint, develop you as a suspect, prepare an arrest warrant, submit it to a judge, and once the judge signs off, a warrant is issued for your arrest. The other way is more direct: police might stop you in your car or approach you for some reason they believe you’re committing or have committed a crime. They investigate on the spot and, if they find probable cause, they arrest you right there.

What happens next is governed by strict timelines. Within 24 hours of your arrest, they must establish probable cause. Within 72 hours, a bond must either be set or there needs to be good cause shown why it hasn’t been set yet. From there, your case gets handed over from the police to the district attorney’s office, and that’s when the screening process begins. In some places this happens quickly, but here in New Orleans—and Louisiana as a whole—it can take up to 60 days. That means if you’ve been arrested for a crime that doesn’t carry a life sentence, like drug possession or armed robbery, the DA has up to 60 days to decide how or if they’re going to charge you.

They can charge you in one of two ways. The first is by a bill of information, which is basically paperwork filed with the court stating what crime they believe you committed. The second, which they must do if you’re facing a charge that carries a life sentence—like first or second degree murder or aggravated rape—is to present your case to a grand jury.

Once you’re formally charged, your case moves from magistrate court to district court. That’s when things like your arraignment happen. You’ll go to court, plead not guilty, and your attorney will file motions for discovery and motions to suppress evidence. This phase is important because you’ll get access to all the information the police and prosecutors have that they claim shows you’re guilty. Around this time, plea negotiations often begin. That’s where your defense attorney talks with the prosecutor to see what kind of resolution might be possible—basically trying to reach a settlement that’s in your best interest.

If your case can’t be resolved through a plea, it goes to trial. That could be a judge or a jury trial. From there, you’re either found guilty or not guilty. Sometimes, you might be found guilty of a lesser included offense. For example, if you’re charged with possession with intent to distribute, you might just be convicted of simple possession. If you’re found not guilty, your case is over. You can even get it expunged and move on. If you’re found guilty, your attorney will typically file motions to set aside the verdict or other formal motions. If those are denied, you’re sentenced.

If you don’t like the sentence, your attorney can file a motion to reconsider. Beyond that, you enter the appeals process. That’s where you challenge legal rulings from your trial, arguing that the judge made a mistake that affected your case and that you should get a new trial. If appeals are denied, you can move into the post-conviction phase. This is where you argue issues like ineffective assistance of counsel, evidence that wasn’t disclosed, or new evidence that proves your innocence. If successful, your case goes back to the trial court and you essentially get another chance. If not, there are limited federal remedies, but that’s typically close to the end of the road.

I know that was quick and didn’t go into a lot of detail, but that’s the process from arrest through appeal and post-conviction when you’re charged with a crime in New Orleans. My name is Bradley Phillips. I’m a criminal defense, personal injury, and traffic ticket attorney here. If you found this helpful, please like the video on our YouTube channel and follow us on Facebook and Instagram. Most importantly, if you have questions, initial consultations are always free. Give me a call at 504-434-7000. I’d be happy to answer any questions you have.