If I Have Been Arrested in New Orleans, What Should I Do Next?

New Orleans can be overwhelming when it comes to festivals, nightclubs, and bars, especially in the French Quarter. It is easy to get caught up in the fun, but if you’re not cautious, your antics could result in arrest.

While the city is known for its party atmosphere all year round with well over 130 festivals annually, staying within the law is still essential. Here is what you can do if you get arrested in New Orleans, LA.

Tourists may be accused of crimes they did not commit due to large crowds and excess noise in New Orleans. You may also be charged on behalf of everyone in your group if the police witness even one member of the group acting carelessly. Some of the charges you may face are:

• Drug Charges

Police might charge you with drug possession if the officer sees a drug container on the ground and you happen to be the closest person to it. If drugs were kept in several containers, you could still be charged with intent to distribute even when you're simply passing through the city as a tourist.

• Resisting Arrest

The police may use the charge of resisting arrest to justify your arrest, for instance, by saying that you were slow to respond to their reaction to another potential discretion, resulting in the ability to arrest you for resisting.

• Open Alcohol Containers

In New Orleans, some travelers find the open containers law confusing. While the city does not have the most substantial restrictions on the use of open containers, it does require that all alcohol be consumed in plastic cupson public streets and sidewalks in areas such as the French Quarter. In addition, drinks in metal and glass cupscannot be taken outside the premises of establishments serving alcohol.

In any criminal arrest, the circumstances and charges are unique to the situation, but there is a general procedure that you and your attorney will follow. Here is what happens after you get arrested in New Orleans.

• First Appearance and Bond Hearing

You will have your first magistrate court appearance within 48 hours of being arrested. The judge will consider whether there is probable cause for the charge(s), the bond amount and if a public defender will be appointed.

During the hearing, the judge will ask a few questions about your income and dependents. If the judge deems that you can afford a private attorney, they will advise you to hire one. Should you be unable to post the bond, you will remain in jail until the case is over, or the district attorney may refuse to file charges.

If a bond is posted, you will be released until your arraignment. A judge, magistrate, or commissioner will preside over the arraignment.

• Arraignment

An appointed official such as a judge, magistrate, or commissioner tells you of the charges against you and your rights if you cannot afford a lawyer. It is then up to you to decide whether to plead guilty or not guilty usually with the assistance of a public defender who stands in solely for the purposes of arraignment. Thereafter your case goes the court system of a status date, pretrial date and then a trial date.

When you hire the Law Office of Lance J. Robinson before the arraignment, you do not need to attend the court date for a misdemeanor; your appearance may be waived in some courts by filing a notarized affidavit confirming you allow your legal counsel to represent you at the arraignment hearing.

Courts in Louisiana can conduct misdemeanor trials in your absence, called a trial in absentia. This procedure permits an attorney to represent an accused person in court without the accused person being present.

Tourists may find this beneficial since they save money on airfare, hotel accommodations, and meals when they return to face charges. However, only a judge can decide whether a trial in absentia is appropriate, and that decision will be based on various factors. These include:

• Severity of Charges

If you commit a crime of enough severity or one that is enhanceable, a judge may require your appearance at all court proceedings. If you have been charged with a serious crime, you may not be allowed to leave New Orleans, even if you are released pending trial.

• Criminal Charges in Another State

Crimes committed in other states can have repercussions. For example, having unresolved charges in another state might lead to you being detained or extradited if the crime committed there was serious enough.

A judge can also hold a trial in absentiaif your criminal charge is for a simple misdemeanor. In this case, you may be tried, arraigned, or plead guilty in your absence. Therefore, it is critical to have an experienced criminal defense attorney on your side to achieve the best possible outcome in your case.

The circumstances of your case may permit you to avoid most or all of your court appearances. However, if you are convicted, you may have to appear in court to receive your punishment. For this reason, you should hire a criminal defense attorney in New Orleans who can help you have your charges dismissed.

Other advantages of working with a reputable New Orleans attorney include:

• Delay

Taking more time to gather vital information can help you, and your criminal defense attorney put together a stronger case, which may reduce the risk of going to trial.

• No Need to Show Up in Court

The circumstances of your case may permit you to avoid appearing in court. Your attorney can work on your behalf and keep in touch with you as your case continues.

Before you testify in court or answer any questions from law enforcement, it is in your best interest to consult with an attorney. If you haven't been formally charged yet, it’s an opportune time to talk strategy with your lawyer.

We can protect you from police scrutiny and arrange to interview your witnesses as soon as possible. If you wish, we can contact your family and friends on your behalf. Contact the Law Office of Lance J. Robinsonif you need help navigating the legal processes following an arrest.