On this page
- What happens in the first 72 hours after an arrest?
- How does a judge decide bail in Louisiana?
- What kinds of bonds are there?
- How do you get a bond reduced?
- Can bail be revoked after someone is released?
- Which jail is my loved one in?
- What if prosecutors do not file charges in time?
- How can I help a family member who was just arrested?
- Get help with a bond hearing tonight
What happens in the first 72 hours after an arrest?
Within 72 hours of an arrest, not counting weekends and legal holidays, the person must be brought before a judge. This is often called the first appearance, and it is usually the first chance to set or lower bail.
At the first appearance, the judge:
- Advises the person of their rights
- Appoints a lawyer if they qualify and do not have one
- Sets or reviews bail
If the person is not brought before a judge in time, Louisiana law says they must be released on their own recognizance. And if someone was arrested without a warrant, a judge must generally review whether there was probable cause within 48 hours.
Notice the weekend rule. An arrest on a Friday night can mean a longer wait than an arrest on a Monday. That is why families should call a lawyer right away, not after the weekend. Call (504) 905-8399, day or night.
How does a judge decide bail in Louisiana?
A judge sets bail by weighing the risk that the person will not come back to court and any danger they might pose to the community. Most people charged with a crime in Louisiana are entitled to bail before trial, with some exceptions.
Factors the judge considers include:
- The seriousness of the charge
- The person's criminal history
- Whether they are likely to flee
- Any danger to the community or to a particular person
Some situations can lead to no bail at all, such as capital cases, certain serious sex offenses, and some people re-arrested while already out on bail for certain violent or drug charges.
Louisiana's bail laws have been changing, and lawmakers continue to revisit them. We keep track of the rules that apply to your loved one's specific charge and date of arrest.
What kinds of bonds are there?
In general terms, there are a few common ways to be released before trial. Which ones are available depends on the court and the judge's order.
- Release on recognizance (ROR). The person is released on their word that they will return to court, with no money posted.
- Cash bond. The full bail amount is paid to the court. It is generally returned at the end of the case if the person makes every court date, although fees or fines may be taken out.
- Commercial surety bond. A licensed bail bond company posts the bond in exchange for a non-refundable fee, often a percentage of the bail amount.
- Property bond. Real estate is pledged to secure the bond.
Bond almost always comes with conditions, such as staying away from a certain person, avoiding new arrests, or appearing at every court date. Breaking a condition can lead to the bond being revoked and the person returning to jail.
How do you get a bond reduced?
If bail is set too high, a lawyer can file a motion asking the judge to lower it and argue the motion at a bond reduction hearing. This is one of the most valuable things a defense lawyer does early in a case.
A strong bond reduction argument answers the judge's concerns directly. We gather and present:
- Community ties: how long the person has lived in the area and who depends on them
- Work and school: a steady job, school enrollment, or caregiving responsibilities
- Court history: a record of showing up to past court dates
- A release plan: where they will live, who will help them get to court, and any conditions they will accept, such as treatment or no contact
- The facts of the case: weaknesses in the charge that make a high bail unfair
As a former Orleans Parish prosecutor, Barry S. Ranshi knows the arguments prosecutors make against release and how to answer them.
Can bail be revoked after someone is released?
Yes. Release on bond comes with obligations, and breaking them can send the person back to jail, sometimes with a higher bond or no bond at all.
- Missing court. Failing to appear usually leads the judge to issue a bench warrant, and the bond can be forfeited. See our page on arrest and bench warrants.
- A new arrest. Being arrested again while out on bond can lead the court to revoke the original bond.
- Breaking conditions. Contacting someone you were ordered to stay away from, missing check-ins or violating monitoring rules can all put the bond at risk.
If you are worried that you missed a date or broke a condition, call a lawyer before the court acts. It is usually far easier to fix a problem by coming forward with counsel than after a warrant has been issued.
Which jail is my loved one in?
People arrested in Greater New Orleans are usually booked into the jail for the parish where they were arrested. Here are the main jails in the parishes we serve:
| Parish | Jail | Address |
|---|---|---|
| Orleans | Orleans Justice Center | 2800 Perdido Street, New Orleans |
| Jefferson | Jefferson Parish Correctional Center | 100 Dolhonde Street, Gretna |
| St. Tammany | St. Tammany Parish Jail | 1200 Champagne Street, Covington |
| St. Bernard | St. Bernard Parish Prison | 1900 Paris Road, Chalmette |
| St. Charles | Nelson Coleman Correctional Center | 5061 LA Highway 3127, Killona |
| St. John the Baptist | Lt. Sherman Walker Correctional Facility | 100 Deputy Barton Granier Dr., LaPlace |
| Tangipahoa | Tangipahoa Parish Jail | 101 Campo Lane, Amite |
| Terrebonne | Terrebonne Criminal Justice Complex | 3211 Grand Caillou Road, Houma |
If you are not sure where your loved one is being held, call us. We can help you find out and get started right away. Learn more about each parish on our locations page.
What if prosecutors do not file charges in time?
Louisiana sets deadlines for the State to formally charge someone who is sitting in jail. If the State misses them, the person must be released or their bail obligation is discharged, unless the State shows just cause for the delay.
- Misdemeanor, in jail: 30 days
- Felony, in jail: 60 days
- Offense punishable by death or life, in jail: 120 days
- Released on bail: 90 days for a misdemeanor, 150 days for a felony
These deadlines are a powerful tool, but they do not enforce themselves. A defense lawyer tracks the dates and files the right motion when the State runs out of time.
How can I help a family member who was just arrested?
The most helpful thing you can do is call a defense lawyer quickly and gather a few key details. Parents, spouses and partners are often the ones who call us first.
- Write down the person's full legal name and date of birth, where they were arrested, and the charges if you know them.
- Do not discuss the case on jail phone calls or video visits. Those calls may be recorded and used as evidence.
- Collect proof of ties: a letter from an employer, a lease, school records or doctor's notes. These can help at a bond hearing.
- Talk to a lawyer before paying a bondsman, if you can. A bond reduction or recognizance release could save you money.
For a general overview, read our guide to how bail works in Louisiana and what to do after an arrest.
Get help with a bond hearing tonight
Bail decisions happen fast, and the first hearing matters. Barry S. Ranshi has seen bond hearings from every angle: as a staff attorney to an Orleans Parish Criminal Court judge, as an Orleans Parish Assistant District Attorney, and as a public defender in the 17th JDC.
We handle bond matters in Orleans Parish Criminal District Court, the 24th Judicial District Court in Gretna and courts across the parishes we serve. Call (504) 905-8399. We answer 24 hours a day, 7 days a week, including nights, weekends and holidays, and the first consultation is free and confidential.