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

Lance Robinson • Jun 17, 2021
arrested in new orleans office of lance robinson

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.

New Orleans Tourists Should Beware of These Charges

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.

What Happens After You Get Arrested in New Orleans?

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.

preside over the arraignment office of lance robinson

Trial in Absentia in Louisiana

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.

A New Orleans Criminal Defense Attorney Can Help You

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.

criminal defense attorney office of lance robinson

Contact a Criminal Defense Attorney in Louisiana

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.

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DWI Arrest In Louisiana: What Should I Do?

By Lance Robinson • 04 Oct, 2020
If you've been charged with DWI, make sure you have a DWI attorney . 1. Drunk Driving Is A Criminal Offense While some people believe a drunk driving arrest is no different from a traffic citation, that couldn't be further from the truth. Yes, the majority of traffic offenses are civil infractions and carry no significant penalty other than a fine and a driver’s license suspension. However, a conviction for a drunk driving offenses will result in a criminal record. Even worse, it can result in significant fines or a jail sentence, or probation. A DWI conviction can remain on your driving record for a minimum of 10 years. This could influence what you pay for car insurance, likely resulting in higher insurance premiums. 2. You Do Have Constitutional Rights You Can Use One of the fundamental rights you've likely heard at some point, "right to remain silent." If the police believe you may be drunk or impaired, they will likely ask you whether you've been drinking and if so, how much you've drunk. In most cases, the majority of men and women choose to answer this question. Most attorneys will recommend being quiet. For starters, your admission alone may constitute probable cause to arrest you and give you a breathalyzer test. Secondly, some jurisdictions allow you to be charged with an impaired driving offense, even if your blood alcohol content is below the legal limit. Yeah, you need to be patient and really think this through. You should never consent to a search of your vehicle, even if you believe that you are in possession of nothing incriminating. 3. You May Face Separate Driver’s License Sanctions While you'll face a criminal charge for a drunk driving offense, you could also face DMV penalties too. Your driver’s license will be taken from you at the time of your arrest, and you'll be issued a paper license. You will get 15 days from the your arrest date to challenge the suspension of your driver’s license, if you choose to not to do so, you may be subject to driver’s license sanctions. 4. Talk To An Attorney Now If you want to know your full extent of rights and make sure they're protected, you need to consult with a lawyer who practices drunk driving defense law. An attorney familiar with DWI Defense is going to know how to challenge breath, blood, or chemical tests, how to dispute the validity of the original traffic stop, and how to best protect your license. Make sure you consult a lawyer if you have do have a prior impaired driving conviction, Louisiana usually imposes more serious penalties on repeat offenders than on first time drunk drivers. Criminal defense attorney Lance J. Robinson has over 20 years of criminal law experience. Call us today for a free consult at 504-465-0101 - or you can this contact form .
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