What Should You Avoid in New Orleans
New Orleans is incredibly fun to visit. From Mardi Gras to Jazz Fest, there's plenty of entertainment happening year-round in NOLA.
New Orleans's nickname, the Big Easy, makes it seem like anything goes. However, tourists could end up going home with more than just memories from the big city. It's easy to end up with a summons or a trip to the jail if you aren't careful.
Public Drunkenness in the French Quarter
It's perfectly legal to stroll Bourbon Street with an open daiquiri in your hand. The French Quarter is famous for its open container law allowing alcohol in plastic or Styrofoam cups. However, if you have a few too many, you could be cited for public intoxication. The public intoxication law extends beyond the French Quarter neighborhood, so it's essential all tourists know how to avoid being charged with public drunkenness in New Orleans.
Police officers are more likely to arrest people for public intoxication during events when the crowd makes it easy for unruly behavior to get out of hand. Their goal is to maintain public safety. They will act quickly to prevent things from escalating.
Celebrations like Jazz Fest, Mardi Gras, and Saints games have higher instances of arrests for public intoxication.
Certain behaviors can make you stand out to arresting officers. Tourists looking to avoid being charged with public drunkenness should refrain from causing too much noise, using offensive language, or blocking a public passage. In addition to appearing like you're under the influence of alcohol, these behaviors make you more likely to get arrested.
You can be arrested for public intoxication in New Orleans even if you haven't been drinking too much. The New Orleans Municipal Code doesn't require officers to give a breathalyzer test when issuing a summons. If your behavior could result in a dangerous situation, an officer may charge you with public intoxication, regardless of whether or not you have a high blood alcohol level.
Disturbing the Peace at Mardi Gras
Another common citation for tourists is disturbing the peace. Another term for this offense is disorderly conduct. Many actions can fall under the umbrella of disturbing the peace in New Orleans.
Most often, a tourist will be arrested for disturbing the peace when a police officer witnesses loud, violent, or obstructive behavior. This includes yelling obscene language and sleeping in public. It overlaps with public intoxication charges which means you could be cited for both offenses. Playing your radio too loud is also a reason for a police officer to charge you with disturbing the peace.
Getting into a fight could also be considered disturbing the peace. However, starting a fight could also result in a simple battery charge in New Orleans. Before issuing either charge, the police officer determines who instigated the fight. If the officer determines all people in the fight consented to fight, then it would be considered disturbing the peace. If one party is determined to be the primary aggressor, then it could result in a simple battery charge for that person.
Interacting With Police
Not every interaction with the police ends with a summons or arrest. If you handle the situation appropriately, you might avoid being charged depending on the offense.
It's best to stay calm during your interaction, which might be easier said than done. Avoid getting angry, even if you've done nothing wrong. Be polite and answer any questions but don't offer more information than requested. The less you say, the less your words can be used against you.
What To Do If You Are Arrested?
If you've been charged with a crime in New Orleans, you should speak to an experienced local lawyer right away. They can review your case and give you advice on how to proceed. In many cases, your lawyer can represent you in court. This allows you to go home while awaiting court proceedings.
A lawyer can help you start the process of expungement after your arrest or conviction. This process will erase or seal your record from public view. This prevents your misdemeanor or other charges from appearing on a criminal background check. With a New Orleans expungement lawyer, you can move forward with confidence that your record won't prevent you from getting a job, apartment, or license.
Our Experience Helps You Get Results
At the Law Office of Lance J. Robinson, we've been practicing criminal law for over 25 years. We have the experience to handle even the most complex cases. You are our priority, and we will work tirelessly to get your charges reduced or dropped.
If you were a tourist in New Orleans, we can help you return home while defending you on your behalf in court. Our team will keep you updated throughout the process, giving you peace of mind.
You don't have to fight your legal battle alone. The Law Office of Lance J. Robinson is here to help. Call us today at (504) 427-6210 for a no-obligation, free consultation.
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