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FAQ: Criminal

Welcome to our FAQ page, where we answer common questions about criminal defense. Here, you’ll find insights into our practice areas, the legal process, and court proceedings, along with how our team can support you. If you have specific questions or need personalized advice, feel free to contact us directly. We're committed to defending your rights and working toward the best possible outcome for your case.

General

What should I expect during the criminal court process?

Navigating the criminal court process in Louisiana can be complex, but having an experienced criminal defense attorney by your side can make a significant difference. Typically, the process involves several stages:

  1. Arrest and Booking: After your arrest, you will be processed into the criminal justice system.

  2. Arraignment: You will appear before a judge to be formally charged and enter a plea.

  3. Pre-Trial Motions and Hearings: Your attorney may file motions to suppress evidence or dismiss charges based on legal grounds.

  4. Negotiations: There may be opportunities for plea negotiations with the prosecutor to resolve your case without a trial.

  5. Trial: If your case proceeds to trial, evidence will be presented, witnesses will testify, and your attorney will argue your defense.

  6. Sentencing: If convicted, sentencing occurs, which could include fines, probation, or incarceration.

Can a lawyer help me avoid jail time?

Yes, a skilled criminal defense lawyer can help you explore all available options to potentially avoid jail time in New Orleans.   Depending on the circumstances of your case, alternatives such as probation, diversion programs, or plea negotiations may be viable.

Can I get my charges reduced or dismissed?

Yes, it is possible to seek reduction or dismissal of charges through various legal strategies and negotiations. Factors that may influence the outcome include the strength of the evidence against you, your criminal history, and mitigating circumstances surrounding the alleged offense.

Our skilled criminal defense attorneys have a proven track record of successfully advocating for reduction or dismissal of charges in Orleans Parish. We conduct thorough investigations, challenge unreliable evidence, and negotiate with prosecutors to achieve the best possible outcomes for our clients. Our goal is to protect your rights and minimize the impact of criminal charges on your life.

How long does a criminal case typically take?

The duration of a criminal case in Orleans Parish can vary widely depending on factors such as the complexity of the charges, court scheduling, and legal strategies employed. While some cases may be resolved relatively quickly through plea agreements, others may take several months or even years, especially if they proceed to trial or involve appeals.

What should I do if I've been falsely accused of a crime?

Being falsely accused of a crime in Louisiana can be a distressing and challenging experience. It is essential to take immediate action to protect your rights and defend against these accusations:

  1. Remain Calm: Stay composed and avoid discussing the accusation with anyone except your attorney.

  2. Contact an Attorney: Seek legal representation from a skilled criminal defense lawyer at who specializes in defending against false accusations. We have a proven track record of successfully defending clients against wrongful charges.

  3. Gather Evidence: Compile any evidence or witnesses that can support your innocence. Your attorney will help assess and present this evidence effectively.

  4. Cooperate with Your Attorney: Work closely with your attorney to develop a strong defense strategy tailored to your case. Our attorneys conduct thorough investigations, challenge unreliable evidence, and advocate vigorously on your behalf in court.

What are the potential consequences of a criminal conviction?

A criminal conviction can have serious and lasting consequences, including:

  1. Jail or Prison Time: Depending on the severity of the offense, you may face incarceration in a local parish jail or state prison.

  2. Fines and Court Costs: Convictions often come with significant financial penalties, including court costs, fines, and restitution to victims.

  3. Probation or Parole: In many cases, a conviction may result in a period of probation or parole, during which you must adhere to strict conditions set by the court.

  4. Loss of Rights: Certain convictions can lead to the loss of civil rights, such as the right to vote or own firearms.

  5. Impact on Employment and Housing: A criminal record can hinder future employment opportunities and make it difficult to secure housing.

Can I travel out of state while my case is pending in criminal court?

Whether you can travel out of state while your criminal case is pending depends on several factors, including the specific conditions of your release and any travel restrictions imposed by the court. Typically, if you are out on bail or released on your own recognizance, you may need to seek permission from the court or your attorney before traveling out of state.

What is the difference between a Felony and a Misdemeanor?

In Louisiana, the primary difference between a felony and a misdemeanor lies in the severity of the offense and the potential penalties:

  1. Felony: Serious crimes such as murder, rape, kidnapping, and certain drug offenses are classified as felonies. Penalties typically include imprisonment in state prison for one year or more, significant fines, and loss of certain civil rights.

  2. Misdemeanor: Less serious offenses such as petty theft, disorderly conduct, and minor drug possession are classified as misdemeanors. Penalties generally include imprisonment in parish jail for up to one year, smaller fines, and fewer civil rights restrictions.

Arrest

What is an arrest?

An arrest in Louisiana is the lawful detention of an individual by law enforcement officers, typically accompanied by the individual being taken into custody. It occurs when officers have probable cause to believe the person has committed a crime.

Can law enforcement arrest me without a warrant in Louisiana?

Yes, law enforcement officers in Louisiana can arrest you without a warrant if they have probable cause to believe you have committed a crime in their presence or if they have obtained an arrest warrant from a judge or magistrate.

How does law enforcement determine probable cause for an arrest?

Law enforcement officers in Louisiana determine probable cause based on:

  • Witness statements.
  • Physical evidence.
  • Observations of suspicious behavior.
  • Information obtained through investigations.
What should I do if I am arrested in Louisiana?

If you are arrested in Louisiana, take the following steps:

  • Remain calm and comply with officers’ instructions.
  • Exercise your right to remain silent.
  • Request to speak with an attorney immediately.
  • Avoid discussing the details of the case with anyone until you have consulted with your attorney.
What happens if I resist arrest in Louisiana?

Resisting arrest in Louisiana is a serious offense and can result in additional charges, including charges for assaulting an officer or obstructing justice. It is essential to cooperate with law enforcement during an arrest to avoid escalating the situation.

How long can law enforcement hold me after an arrest in Louisiana?

In Louisiana, law enforcement can hold you for a reasonable amount of time after an arrest to complete necessary booking procedures and investigations. Generally, you must be brought before a judge for an initial appearance within 48 hours of arrest.

What rights do I have during an arrest in Louisiana?

During an arrest in Louisiana, you have important rights, including:

  • The right to remain silent.
  • The right to be informed of the charges against you.
  • The right to an attorney.
  • The right to refuse searches without a warrant or probable cause.

There are known as your “Miranda Rights.”

Should I talk to the police without a lawyer present?

It is strongly advised not to speak to the police without a lawyer present in Orleans Parish or anywhere else. Anything you say to law enforcement can be used against you in court, regardless of your intentions.

How soon should I contact a criminal attorney after an arrest in Louisiana?

It’s in your best interest to contact a criminal attorney as soon as possible after your arrest in Louisiana. This allows your attorney to immediately begin building your defense and protecting your rights.

Warrants

What is a warrant in Louisiana?

A warrant in Louisiana is a legal document issued by a judge or magistrate authorizing law enforcement to take a specific action, such as arresting a person or searching a location, based on probable cause.

What are the different types of warrants in Louisiana?
  • Arrest Warrants: Issued to authorize the arrest of a person suspected of committing a crime.
  • Search Warrants: Issued to authorize the search of a specific location for evidence related to a crime.
  • Bench Warrants: Issued for failure to appear in court or comply with a court order.
How is a warrant issued in Louisiana?

A warrant in Louisiana is issued by a judge or magistrate based on sworn testimony or affidavits from law enforcement or other credible sources showing probable cause that a crime has been committed or that evidence of a crime exists.

What is probable cause for a warrant in Louisiana?

Probable cause for a warrant in Louisiana means there is sufficient evidence to believe that a crime has been committed or that evidence of a crime can be found at the location specified in the warrant.

During a police search in Orleans Parish, you have important rights protected by the Fourth Amendment of the U.S. Constitution, including:

  1. Probable Cause: Police must have probable cause or a valid warrant issued by a judge to conduct a search of your person, vehicle, or property.

  2. Search Warrant: If police have a search warrant, they must execute it within the parameters specified, such as the location and items to be searched.

  3. Consent: You have the right to refuse consent to a search if police do not have a warrant. Asserting your right to remain silent and requesting an attorney are crucial steps to protect your legal rights.

Can a warrant be issued without my knowledge in Louisiana?

Yes, a warrant can be issued without your knowledge in Louisiana, particularly if it is for a search warrant or an arrest warrant that has not yet been executed by law enforcement.

What should I do if there is a warrant out for my arrest in Louisiana?

If you discover there is a warrant out for your arrest in Louisiana, it is crucial to contact a criminal defense attorney immediately. An attorney can help you understand the charges, facilitate your surrender to law enforcement, and advocate for your rights throughout the legal process.

Can a warrant be challenged or quashed in Louisiana?

Yes, warrants in Louisiana can be challenged or quashed under certain circumstances, such as:

  • Lack of probable cause.
  • Defective warrant application or execution.
  • Violation of constitutional rights during the warrant process.
How can I find out if there is a warrant for my arrest in Orleans Parish?

To find out if there is a warrant for your arrest in Orleans Parish, you can call the Orleans Parish Sheriff’s Office.  Their policy however, is to not give information over the phone.  They want you to physically come into the office.  Basically, they want you there if you have an open warrant so they an arrest you on the spot.

Unless you are prepared to potentially be arrested and immediately booked, we advise NOT going to the OPSO.

Instead, call an attorney.  We can check the records and see what is going on.  Our goal is to navigate this process and take proactive steps to address any warrants swiftly and discreetly.

How can I find out if there is a warrant for my arrest in Jefferson Parish?

To find out if there is a warrant for your arrest in Jefferson Parish, you can call the Jefferson Parish Sheriff’s Office.  Their policy however, is to not give information over the phone.  They want you to physically come into the office.  Basically, they want you there if you have an open warrant so they an arrest you on the spot.

Unless you are prepared to potentially be arrested and immediately booked, we do NOT advise going to the JPSO.

Instead, call an attorney.  We can check the records and see what is going on.  Our goal is to navigate this process and take proactive steps to address any warrants swiftly and discreetly.

Bail and Bond Process

What is bail?

Bail is a financial arrangement that allows a defendant to be temporarily released from custody while their criminal case is pending. It serves as a guarantee that the defendant will appear for all court hearings and comply with any conditions set by the court. In Louisiana, is set by a Judge or a Commissioner.

What is a bond hearing in Louisiana?

A bond hearing in Louisiana, also known as a bail hearing, is a court proceeding where a judge determines whether to grant bail and sets the conditions of release for an individual who has been arrested or is in custody awaiting trial.

What factors does a judge consider during a bond hearing in Louisiana?

During a bond hearing in Louisiana, the judge considers various factors, including:

  • The nature and circumstances of the alleged offense.
  • The defendant’s criminal history, if any.
  • Ties to the community, such as family and employment.
  • Flight risk and potential danger to the community if released.
Can a lawyer help me at a bond hearing in Louisiana?

Yes, having an experienced criminal defense attorney at a bond hearing in Louisiana can significantly benefit your case. An attorney can present arguments for bail, challenge the prosecution’s claims, and advocate for favorable bail conditions that facilitate your release.

What should I know about the bail process in Orleans Parish?

The bail process in Orleans Parish involves several key steps. After your arrest, a judge will determine the bail amount based on factors such as the severity of the charges, your criminal history, and ties to the community.

Can I be released on bail at a bond hearing in Louisiana?

Yes, a judge at a bond hearing in Louisiana may grant bail, allowing you to be released from custody pending trial. Bail may be granted with or without conditions such as electronic monitoring, travel restrictions, or periodic check-ins with authorities.

Can I be released on my own recognizance?

Yes, in certain cases, a defendant may be released on their own recognizance (ROR), meaning no bail money is required. OR release is typically granted when the judge determines that the defendant is likely to appear in court and does not pose a danger to the community.

How long does it take to get released from jail after posting bail?

The time it takes to get released from jail after posting bail in Louisiana can vary depending on factors such as jail processing times and the availability of court staff. Typically, it may take several hours to a day or more for the bail process to be completed and for the defendant to be released.

Can bail be reduced after it's been set in Louisiana?

Yes, bail can be reduced after it’s been set in Louisiana through a formal bail reduction hearing.

What happens if I can't afford bail in Orleans Parish?

If you cannot afford bail in Orleans Parish, you may seek assistance from a bail bondsman or request a bail reduction hearing.

What happens to my bail money after my case is resolved?

After your case is resolved in Orleans Parish, whether through dismissal, plea agreement, or trial, your bail money will generally be returned to the person who posted it.  

Can a lawyer help me if my bail is revoked in Louisiana?

Yes, if your bail is revoked in Louisiana, a knowledgeable criminal defense lawyer from can represent you in court proceedings to address the reasons for revocation and seek reinstatement or modification of bail conditions.  We understand the serious implications of bail revocation and work tirelessly to protect our clients’ rights and ensure fair treatment throughout the legal process.

Arraignment

What is an arraignment in Louisiana?

An arraignment in Louisiana is a court proceeding where a defendant is formally informed of the charges against them. It is typically one of the initial stages in the criminal court process.

What happens during an arraignment in Louisiana?

During an arraignment in Louisiana, the following typically occurs:

  • The judge informs the defendant of the charges filed against them.
  • The defendant enters a plea of guilty, not guilty, or no contest.
  • The judge considers bail and may set conditions of release.
Do I have to attend my arraignment in Louisiana?

Yes, defendants are generally required to attend their arraignment in Louisiana. It is a critical stage where important legal decisions, such as entering a plea and addressing bail, are made.

If your case is a misdemeanor or in municipal court you may be able to have your attorney waive your appearance for arraignment by filing a “Motion to Waive Presence and Enter a Plea of Not Guilty.”  This is rare however and based on each Judge’s discretion.

Can I change my plea after the arraignment in Louisiana?

Yes, defendants can change their plea after the arraignment in Louisiana. However, any change in plea should be carefully considered with the advice of a criminal defense attorney to understand the legal implications.

What happens if I plead guilty at arraignment in Louisiana?

If you plead guilty at arraignment in Louisiana, the judge may proceed with sentencing or schedule a sentencing hearing. It is crucial to consult with an attorney before entering a guilty plea to understand the potential consequences.

Should I have an attorney at my arraignment in Louisiana?

Yes, it is highly advisable to have an attorney present at your arraignment in Louisiana. An experienced criminal defense attorney can advise you on your rights, help you understand the charges and potential consequences, and advocate on your behalf.

Motion Hearings

What is a motion hearing in Louisiana?

A motion hearing in Louisiana is a court proceeding where parties present arguments regarding legal issues or motions filed in a criminal case. It allows the judge to consider evidence and legal arguments before making decisions that may impact the course of the case.

What types of motions are typically heard in Louisiana criminal cases?

Common motions heard in Louisiana criminal cases include:

  • Motion to Suppress Evidence: Challenges the admissibility of evidence obtained unlawfully or in violation of the defendant’s rights.
  • Motion for Discovery: Requests the prosecution to provide evidence and information relevant to the defense.
  • Motion for Continuance: Seeks to postpone trial proceedings for various reasons, such as insufficient preparation time.
Who can file motions in Louisiana criminal cases?

Both the defense and the prosecution can file motions in Louisiana criminal cases. Motions are typically filed by attorneys representing each party and are based on legal strategies to benefit their respective clients.

What happens during a motion hearing in Louisiana?

During a motion hearing in Louisiana:

  • Attorneys present arguments supporting or opposing the motion.
  • Witnesses may testify or evidence may be presented to support the arguments.
  • The judge listens to arguments, reviews evidence, and makes a ruling on the motion.
Can a motion hearing affect the outcome of my Louisiana criminal case?

Yes, the outcome of a motion hearing in Louisiana can significantly impact the outcome of a criminal case. A successful motion to suppress evidence, for example, may weaken the prosecution’s case, potentially leading to dismissal or reduced charges.

How should I prepare for a motion hearing in Louisiana?

To prepare for a motion hearing in Louisiana:

  • Consult with your attorney to understand the purpose and arguments of the motion.
  • Gather evidence or documents that support your position.
  • Dress appropriately and arrive at court on time.
How long does a motion hearing typically last in Louisiana?

The duration of a motion hearing in Louisiana varies depending on the complexity of the legal issues, the number of motions filed, and other factors. Some hearings may be resolved in a single session, while others may span multiple sessions.

Hiring an Attorney

How can a criminal defense lawyer help me in Louisiana?

A skilled criminal defense lawyer can make a significant difference in your case by providing expert legal guidance, strategic defense planning, and vigorous representation.

How do I choose the best criminal defense attorney in Louisiana?

Choosing the best criminal defense attorney in Louisiana involves considering several key factors. Look for a lawyer with extensive experience in criminal defense, a solid reputation within the legal community, and a track record of successful case outcomes.

Can I represent myself in court for a criminal case in Louisiana?

While you have the legal right to represent yourself in a criminal case in Louisiana, it is highly advisable to seek professional legal representation. The criminal justice system is complex, and self-representation can be risky, potentially leading to unfavorable outcomes.

Will I have to appear in court if I hire a criminal attorney in Louisiana?

In most cases, yes, you will need to appear in court if you hire a criminal attorney in Louisiana. Your presence may be required for various court proceedings, including arraignments, hearings, and trials.

However, having a skilled attorney on your side can alleviate much of the stress and uncertainty associated with appearing in court. We will guide you through every step of the legal process, prepare you for court appearances, and advocate fiercely on your behalf to achieve the best possible outcome.

What are the potential defenses against criminal charges in Louisiana?

Defenses against criminal charges in Louisiana can vary depending on the specific circumstances of each case. Common defenses may include:

  • Lack of evidence: Challenging the prosecution’s evidence or proving insufficient evidence.
  • Alibi: Providing evidence that you were not present at the scene of the crime.
  • Self-defense: Asserting that your actions were justified to protect yourself or others.
  • Mistaken identity: Showing that you were wrongly identified as the perpetrator.
  • Illegal search and seizure: Arguing that evidence was obtained unlawfully.

Specific Charges

How serious are drug possession charges in Louisiana?

Drug possession charges in Louisiana can have serious consequences, depending on factors such as the type and quantity of drugs involved:

  1. Penalties: Possession of illegal drugs can result in significant fines, imprisonment, and probation.

  2. Criminal Record: A drug conviction can have long-term consequences, impacting employment opportunities, professional licenses, and educational pursuits.

  3. Enhanced Charges: Aggravating factors such as intent to distribute or possession near a school can lead to more severe penalties.

Do I need a lawyer for a misdemeanor charge in Louisiana?

Yes, it is highly advisable to have a lawyer represent you for any misdemeanor charge in Louisiana. While misdemeanors are less serious than felonies, they can still result in significant consequences, including fines, probation, and a criminal record.

Do I need a lawyer for a theft or shoplifting charge in Orleans or Jefferson Parish?

Yes, it is crucial to have legal representation if you are facing a theft or shoplifting charge in Orleans or Jefferson Parish. These charges can result in serious penalties, including fines, restitution, and potential jail time, depending on the value of the stolen property and any prior offenses.

Can a lawyer help me with domestic violence charges in Louisiana?

Yes, a skilled domestic violence defense lawyer can provide essential legal assistance if you are facing domestic violence charges in Louisiana. Domestic violence allegations are serious and can have far-reaching consequences, including restraining orders, loss of custody rights, and a criminal record.

Can a lawyer help with me with a probation violation?

Yes, it is crucial to have a lawyer assist you if you are facing a probation violation in Louisiana. A probation violation occurs when a person fails to comply with the conditions of their probation, such as failing a drug test, missing a meeting with a probation officer, or committing a new offense. Consequences of a probation violation can include revocation of probation, imposition of additional conditions, or even incarceration.

Our attorneys have successfully represented numerous clients facing probation issues in Louisiana. Whether negotiating with the court for leniency or challenging the allegations, we are committed to protecting your rights and minimizing the impact of probation violations on your life.

Penalties and Consequences

Are there alternatives to going to jail for a criminal offense in Louisiana?

Yes, Louisiana offers alternatives to incarceration for certain criminal offenses, depending on the nature of the crime and the defendant’s circumstances. These alternatives may include:

  1. Probation: Instead of jail time, a defendant may be placed on probation, during which they must comply with specific conditions set by the court.

  2. Diversion Programs: These programs offer rehabilitative services, such as drug treatment or counseling, in lieu of traditional sentencing.

  3. Community Service: Some offenses may allow defendants to perform community service hours as an alternative to jail.

How can a criminal conviction affect my job prospects in Louisiana?

A criminal conviction in Louisiana can have a significant impact on job prospects, depending on the nature of the offense and the type of employment sought. Potential consequences may include:

  1. Background Checks: Many employers conduct background checks, which may reveal criminal convictions and affect hiring decisions.

  2. Professional Licenses: Certain professions require background checks or prohibit individuals with certain criminal convictions from obtaining licenses.

  3. Employment Barriers: Some employers may have policies against hiring individuals with certain types of criminal convictions, particularly for positions involving trust or sensitive information.

Do I have to disclose my criminal record on job applications in Louisiana?

In Louisiana, whether you are required to disclose your criminal record on job applications depends on the employer’s policies and the nature of the offense. Some employers may ask about criminal history on job applications, while others may conduct background checks later in the hiring process.

Plea Negotiations

What are plea negotiations in Louisiana?

Plea negotiations in Louisiana involve discussions between the prosecution and defense to reach a resolution of criminal charges without going to trial. It often results in the defendant agreeing to plead guilty or no contest in exchange for concessions from the prosecution, such as reduced charges or penalties.

How do plea negotiations work in Louisiana?

Plea negotiations in Louisiana typically proceed as follows:

  • Initial Offer: The prosecution may offer a plea deal outlining proposed charges and penalties.
  • Counteroffer: The defense may counter with a different plea or seek further reductions in charges or penalties.
  • Negotiation: Both parties negotiate terms until an agreement is reached or negotiations are terminated.
Who participates in plea negotiations in Louisiana?

Plea negotiations in Louisiana involve the defendant, their attorney, and the prosecuting attorney. The judge may also oversee discussions or approve final agreements reached.

What factors are considered during plea negotiations in Louisiana?

Factors considered during plea negotiations in Louisiana include:

  • Strength of the evidence against the defendant.
  • Severity of the charges and potential penalties.
  • Defendant’s criminal history and personal circumstances.
  • Victim’s wishes and input, where applicable.
Can I negotiate a plea deal without an attorney in Louisiana?

While defendants have the right to represent themselves (pro se), it is highly advisable to have an experienced criminal defense attorney negotiate on your behalf in Louisiana. Attorneys understand legal nuances, assess the strength of plea offers, and advocate effectively for favorable terms.

How can a criminal defense attorney help with plea negotiations in Louisiana?

A skilled criminal defense attorney in Louisiana plays a crucial role in plea negotiations by:

  • Evaluating the strength of the prosecution’s case.
  • Advising on the potential risks and benefits of accepting a plea deal.
  • Negotiating for reduced charges, penalties, or alternative sentencing options.
  • Ensuring that the defendant’s rights and interests are protected throughout the process.
What happens if plea negotiations fail in Louisiana?

If plea negotiations fail in Louisiana, the case may proceed to trial. It’s important to have a prepared defense strategy and continue exploring legal options with your attorney.

Can I withdraw my plea after entering into a plea agreement in Louisiana?

In Louisiana, defendants may seek to withdraw a plea agreement under certain circumstances, such as new evidence, ineffective assistance of counsel, or a plea entered involuntarily. The court considers factors before granting or denying a withdrawal request.

How long do plea negotiations typically take?

The duration of plea negotiations in Louisiana varies depending on factors such as case complexity, prosecutor’s caseload, and negotiation dynamics. Some cases may resolve quickly, while others may require more extensive discussions.

Should I accept a plea deal in Louisiana?

The decision to accept a plea deal in Louisiana should be carefully considered with the guidance of a criminal defense attorney. Attorneys provide informed advice based on legal expertise and the specific circumstances of the case, helping clients make informed decisions about their legal options.

Evidence

What is the role of evidence in a criminal case in Louisiana?

Evidence in a criminal case in Louisiana serves to prove or disprove facts relevant to the charges. It includes witness testimony, physical objects, documents, and other materials presented during trial.

What happens if evidence is illegally obtained in Louisiana?

Evidence obtained in violation of a defendant’s constitutional rights may be suppressed or excluded from trial. A motion to suppress is filed to challenge the admissibility of unlawfully obtained evidence.

What are the rules regarding witness testimony in Louisiana?

Witnesses in Louisiana must testify based on their personal knowledge of events. They swear an oath to tell the truth and may be cross-examined by the opposing party to challenge their credibility.

What is the standard for admitting scientific evidence in Louisiana courts?

Scientific evidence, such as DNA analysis or forensic tests, must meet reliability standards established by the court. Expert witnesses may testify about the methods and results of scientific tests.

How is evidence admitted in a Louisiana criminal trial?

Evidence in Louisiana criminal trials must meet specific criteria to be admissible. It should be relevant to the case, reliable, and obtained legally. The judge decides which evidence is permissible based on rules of evidence.

How does the chain of custody affect the admissibility of evidence in Louisiana?

The chain of custody documents the handling of physical evidence from collection to presentation in court. Properly maintained chain of custody ensures the integrity and admissibility of evidence.

How do prior convictions impact evidence in Louisiana criminal cases?

Prior convictions may be introduced as evidence to impeach a witness’s credibility or as evidence of motive, opportunity, or intent. Rules govern when and how prior convictions can be used.

Can hearsay evidence be used in Louisiana criminal trials?

Hearsay, or statements made outside of court offered to prove the truth of the matter asserted, is generally not admissible in Louisiana criminal trials. There are exceptions, such as statements made by a party opponent or under certain circumstances.

Can a lawyer challenge evidence in a Louisiana criminal case?

Yes, a skilled criminal defense attorney in Louisiana can challenge the admissibility of evidence through pre-trial motions, objections during trial, and cross-examination of witnesses. They ensure only legally obtained and relevant evidence is considered by the jury.

Can character evidence be used in Louisiana criminal trials?

Character evidence is generally not admissible to prove conduct in conformity with that character. However, it may be allowed in limited circumstances, such as when the defendant’s character is directly at issue.

Trial Process and Procedure

Will I have to go to trial for my criminal case in Louisiana?

Whether you go to trial for your criminal case in Louisiana depends on various factors, including the nature of the charges, the strength of the evidence, and potential plea negotiations. Many criminal cases in Louisiana are resolved through plea agreements before trial, where the defendant agrees to plead guilty to lesser charges or accept a negotiated sentence.

What should I expect during a criminal trial in Louisiana?

The criminal trial process typically unfolds in several key stages:

  1. Jury Selection: The process begins with jury selection, where both the prosecution and defense attorneys choose jurors who will hear the case.

  2. Opening Statements: Attorneys present opening statements outlining their arguments and what they expect to prove during the trial.

  3. Presentation of Evidence: Both sides present evidence, including witness testimony, documents, and physical evidence, to support their respective positions.

  4. Closing Arguments: Attorneys make closing arguments summarizing the evidence and persuading the jury to reach a favorable verdict.

  5. Jury Deliberation and Verdict: The jury deliberates in private to reach a unanimous verdict based on the evidence presented.

How does jury selection work in Louisiana criminal trials?

Jury selection, or voir dire, is a crucial part of the criminal trial process in Louisiana. It involves:

  1. Questioning Jurors: Attorneys from both sides ask potential jurors questions to assess their impartiality and suitability for the case.

  2. Challenges: Attorneys may challenge potential jurors for cause (e.g., bias) or use peremptory challenges to dismiss jurors without stating a reason.

  3. Jury Impanelment: Once the jury is selected and sworn in, they hear the evidence presented during the trial and deliberate to reach a verdict.

What happens during opening statements in a criminal trial?

Opening statements in a criminal trial in Orleans Parish serve as an opportunity for attorneys to outline their case to the jury:

  1. Prosecution’s Statement: The prosecution presents the facts of the case, describes the charges against the defendant, and outlines the evidence they plan to present.

  2. Defense’s Statement: The defense attorney provides an overview of their defense strategy, challenges the prosecution’s narrative, and may preview key evidence or arguments.

What is the role of evidence in a criminal trial?

Evidence plays a crucial role in a criminal trial in Louisiana, influencing the jury’s decision on guilt or innocence. Types of evidence presented may include:

  1. Testimonial Evidence: Witness testimony from individuals who observed the alleged crime or have relevant information.

  2. Physical Evidence: Objects, documents, or forensic evidence that supports or refutes the prosecution’s case.

  3. Expert Testimony: Opinions or conclusions provided by qualified experts in fields such as forensic science or medicine.

Can witnesses be called to testify in my defense?

Yes, witnesses can be called to testify in your defense. Witness testimony plays a crucial role in presenting evidence, establishing facts, and challenging the prosecution’s case. Witnesses may include individuals who have firsthand knowledge of the events in question or experts who can provide specialized knowledge relevant to your defense.

How does cross-examination work during a criminal trial in Louisiana?

Cross-examination is a critical component of the criminal trial process in Louisiana, allowing attorneys to question witnesses presented by the opposing party:

  1. Challenging Testimony: Defense attorneys cross-examine prosecution witnesses to challenge their credibility, expose inconsistencies, and highlight potential biases.

  2. Establishing Facts: Through strategic questioning, attorneys aim to elicit information that supports the defense’s theory of the case or undermines the prosecution’s arguments.

  3. Protecting Rights: Cross-examination is an opportunity to scrutinize the prosecution’s evidence and protect the defendant’s constitutional rights to a fair trial.

Our skilled criminal defense attorneys excel in cross-examination techniques. We meticulously prepare for cross-examination, identify weaknesses in witness testimony, and effectively challenge the prosecution’s case. Our proactive approach aims to weaken the prosecution’s arguments and strengthen your defense, advocating vigorously for your innocence or reduced charges.

What happens during closing arguments in a criminal trial?

During closing arguments in a criminal trial in Orleans Parish, attorneys from both sides summarize their cases and attempt to persuade the jury to reach a favorable verdict:

  1. Review of Evidence: Attorneys recap key evidence presented during the trial, emphasizing facts that support their respective positions.

  2. Highlighting Themes: Closing arguments often focus on overarching themes of the case, such as credibility of witnesses, interpretation of evidence, and adherence to legal standards.

  3. Request for Verdict: Attorneys conclude by urging the jury to find in favor of their client based on the evidence presented and the law.

How is a verdict reached in a criminal trial in Louisiana?

In Louisiana criminal trials, after all evidence has been presented and closing arguments heard, the jury deliberates to reach a verdict:

  1. Jury Deliberation: Jurors discuss the evidence presented, assess witness credibility, and consider instructions from the judge regarding applicable laws.

  2. Unanimous Decision:  The jury must reach a unanimous decision to convict or acquit the defendant.

  3. Verdict Announcement: Once the jury reaches a decision, they return to the courtroom to announce the verdict in open court.

What are the possible outcomes of a criminal trial in Louisiana?
  • Acquittal: The jury finds the defendant not guilty, and the charges are dismissed.

  • Conviction: The jury finds the defendant guilty of one or more charges.

  • Mistrial: In certain circumstances, such as a hung jury or procedural error, the judge may declare a mistrial, necessitating a new trial.

  • Sentencing: If convicted, sentencing follows, which may include probation, fines, community service, or incarceration.

Still need help? Let's Chat.

If you’re dealing with a criminal charge, the answers you need can make all the difference. Our team is here to provide clarity and a strong defense. Call us today at 504-434-7000 t to get the help you deserve and take the first step toward protecting your future.