Louisiana Criminal Defense FAQ

Stay calm, do not resist and say clearly, "I want to remain silent and I want a lawyer." Do not consent to searches or discuss the case on jail phones, which are usually recorded. You must be brought before a judge within 72 hours, excluding weekends and holidays. Call a defense lawyer as early as possible so someone can work on bail and protect your deadlines.

After an arrest, you must see a judge within 72 hours, not counting weekends and legal holidays. If you remain in jail, the district attorney generally has 30 days to formally charge a misdemeanor and 60 days to charge a felony, or 120 days if the crime is punishable by death or life. If those deadlines pass without just cause, you must be released.

A judge sets bail after considering how serious the charge is, the person's criminal history, the risk that they will not return to court and any danger to the community. Most people are entitled to bail before trial, with exceptions for certain very serious cases. A defense lawyer can ask the judge to lower bail or change conditions at a bond hearing.

Yes. A defense lawyer can file a motion to reduce bail or modify bond conditions and argue it at a hearing. Judges respond best to concrete facts: steady work, a stable address, family support and a plan to make every court date. If the state misses its deadline to formally charge you, release or discharge of the bail obligation may also be possible.

At arraignment, the formal charges are read and you enter a plea, usually not guilty at this stage. Louisiana law says arraignment should happen within 30 days after the bill of information or indictment is filed, unless there is just cause for delay. It is also a chance for your lawyer to set up the next steps in the case.

Do not wait to be picked up at work, at home or during a traffic stop. Call a criminal defense lawyer, who can confirm the warrant, explain why it was issued and help arrange the safest way to address it. In some cases a lawyer can ask the court to recall the warrant or set bail before you turn yourself in.

Every felony defendant can choose a jury trial, and the verdict must be unanimous. Misdemeanors get a jury only if punishable by more than 6 months in jail or a fine over $2,500. Most common misdemeanors, such as a first DWI or simple battery, are decided by a judge alone.

The adult limit is 0.08%. Drivers under 21 can be charged with underage operating while impaired at 0.02% or more, and commercial drivers face a 0.04% limit in a commercial vehicle. You can also be charged with DWI at a lower level, or with no alcohol at all, if the state claims you were impaired by drugs or a combination of substances.

A first-offense DWI is a misdemeanor with a $300 to $1,000 fine and 10 days to 6 months in jail. The jail time can be suspended with probation, which includes 48 hours in jail or 32 hours of community service, substance abuse and driver improvement programs, and an ignition interlock for at least 6 months. Higher BAC levels add mandatory jail time.

A third DWI within the 10-year lookback period is a felony, with a $2,000 fine and 1 to 5 years. A fourth DWI carries a $5,000 fine and 10 to 30 years. Since Aug. 1, 2026, repeat DWIs by people with a prior vehicular homicide or first degree vehicular negligent injuring conviction carry even higher ranges.

You have 30 days from the date of arrest to request an administrative hearing with the Office of Motor Vehicles. If you miss that deadline, the suspension takes effect automatically. The receipt the officer gave you serves as a temporary license for up to 30 days. Calling a DWI lawyer early helps make sure the request goes out on time.

After an arrest, a first test failure between 0.08% and 0.149% brings a 180-day administrative suspension. A result of 0.15% or more brings 2 years, and a first refusal brings 1 year. Repeat offenses bring longer suspensions. In most cases you can get a restricted license right away once an ignition interlock is installed.

A first refusal brings a 1-year license suspension, and a second refusal within 10 years brings 2 years. A refusal also requires an ignition interlock to get your license back. Refusing is a separate crime only on a third refusal. You can still be charged with DWI based on the officer's observations and other evidence.

Often, yes. A first DWI can be set aside under Article 894 after probation and then expunged. But a DWI set-aside is allowed only once in 10 years, plus one more for someone who completes DWI court. DWI expungements also carry an extra $50 Office of Motor Vehicles fee, and the DWI can still count as a prior if you are arrested again.

Not before you know what paying means. Paying ends your chance to fight the ticket, and traffic convictions are reported to the Office of Motor Vehicles, where insurers can see them. Louisiana does not use a point system, but tickets still matter, especially for CDL holders, who face federal disqualification rules for serious violations.

No, but possession of 14 grams or less is now a fine-only offense, with a fine of up to $100 and no jail, enforced by summons instead of arrest. Possession of more than 14 grams can bring up to 6 months on a first offense, with higher penalties for repeat offenses. Distribution or possession with intent to distribute is a felony.

It depends on the drug and the weight. For example, possessing under 2 grams of a Schedule II drug like cocaine or meth carries up to 2 years and up to $5,000. Heroin or fentanyl under 2 grams carries 2 to 4 years. Larger amounts carry higher ranges. Weight is measured as the total weight of the mixture.

Possession with intent to distribute means the state claims you planned to sell or give away the drugs, not just use them. It is punished like distribution, which carries far higher penalties than possession. Prosecutors argue intent from things like quantity, packaging, scales, cash and messages, and each piece of that evidence can be challenged.

Yes, if it was found through an illegal search. Police generally need a warrant, valid consent or another recognized legal basis to search you, your car or your home. If the search violated your rights, a defense lawyer can file a motion to suppress the evidence. Many drug cases turn on whether the search was lawful.

Sometimes. A first-time offender may qualify for a deferred sentence under Article 893 (felonies) or Article 894 (misdemeanors), which can lead to a set-aside and dismissal after probation. Drug court is another option in some parishes. Article 893 is not available for drug offenses punishable by more than 10 years.

A drug-free zone covers property on or within 2,000 feet of places like schools, school buses, day care centers, churches, drug treatment facilities, public housing and state parks. Distribution or possession with intent inside a zone can raise the maximum fine and the prison term to 1.5 times the longest term otherwise allowed.

Assault is an attempt or threat to use force that makes someone reasonably fear being harmed, without physical contact. Battery involves actual intentional force or contact, such as hitting or pushing. The two are separate crimes with different penalties. Simple battery is a misdemeanor punishable by up to 6 months and a $1,000 fine.

It can be. Simple battery is a misdemeanor. Second degree battery, which involves intentionally inflicting serious bodily injury, is a felony with up to 8 years. Battery with a dangerous weapon is charged as aggravated battery, also a felony. Domestic abuse battery becomes a felony on a second or later offense or with certain aggravating facts.

A first offense carries a $300 to $1,000 fine and 30 days to 6 months, with at least 48 hours served, plus a 26-week intervention program. A second offense carries 60 days to 1 year, a third carries 1 to 5 years and a fourth or later carries 10 to 30 years. Facts like strangulation or a child present add more time.

No. Only the district attorney can decide whether to drop a criminal charge. The alleged victim can share their wishes with the prosecutor, and their cooperation can affect the case. You should never ask the other person to drop charges or change their story, because that can lead to new charges and violate a no-contact order.

Yes. Louisiana bars a person convicted of domestic abuse battery from possessing a firearm for 10 years after completing the sentence, and a violation carries 1 to 20 years. Federal law adds a lifetime firearm ban after a misdemeanor crime of domestic violence. These consequences apply even to a first offense.

Yes, you can be arrested and charged even if you were defending yourself. Louisiana recognizes self-defense as a justification when force was reasonable and necessary to protect yourself or someone else. Raising it effectively takes evidence, such as witnesses, video, injuries and messages, so it is important to involve a lawyer early.

Many records can be expunged. Arrests that did not lead to a conviction can generally be expunged once the case ends. Misdemeanor convictions qualify after a set-aside or 5 clean years, and felony convictions after a set-aside or 10 clean years. Some offenses, such as domestic abuse battery and most crimes of violence, generally cannot be expunged.

Fees are typically about $550 per arrest or conviction: $250 to the Louisiana State Police, up to $200 to the clerk of court, $50 to the sheriff and $50 to the district attorney. DWI expungements add $50 for the Office of Motor Vehicles. Fee waivers exist in limited situations. Attorney fees are separate.

Not yet. Louisiana passed a Clean Slate law in 2023 for automated expungement, but it takes effect only when the Legislature funds it. As of August 2026, it had not been funded or put in place. People who want an expungement still need to file a motion with the court the traditional way.

Articles 893 and 894 let a judge defer a sentence and place you on probation, for felonies and misdemeanors respectively. If you complete probation, the conviction is set aside and the case dismissed, which is treated like an acquittal and opens the door to expungement. Under current law, an Article 893 set-aside can occur only twice per person.

No. An expunged record is removed from public access, so it generally will not appear on the background checks employers and landlords use. But it is not destroyed. Law enforcement, prosecutors and certain licensing agencies can still see it, and an expunged conviction can still count as a prior offense in a future case.

It is usually wise. A misdemeanor can still bring jail time, probation, fines and a criminal record, and some carry hidden consequences, like a federal gun ban after a domestic violence misdemeanor or a license suspension after a DWI. Since most misdemeanors are decided by a judge without a jury, careful preparation matters.

Fees depend on the charge, the court and how complex the case is. Misdemeanors generally cost less to defend than felonies, and trials cost more than cases resolved early. At The Barry S. Ranshi Law Firm, the first consultation is free and confidential, and fees are explained clearly before you decide to hire us.

A former prosecutor has seen how cases are built, reviewed and charged from the inside. That perspective can help in spotting weaknesses and in negotiating with the district attorney. Barry Ranshi served as an Orleans Parish Assistant District Attorney and as a public defender before focusing on criminal defense. Experience is not a guarantee of any outcome.

Yes. The Barry S. Ranshi Law Firm answers calls 24 hours a day, 7 days a week, including nights, weekends and holidays. Arrests and deadlines do not wait for business hours. Call (504) 905-8399 for a free, confidential consultation, in person at our Kenner office or remotely.

The firm is based in Kenner and serves Greater New Orleans, including Orleans, Jefferson, St. Tammany, St. Bernard, St. Charles, St. John the Baptist, Plaquemines, Tangipahoa, Lafourche and Terrebonne parishes. Barry Ranshi is also admitted to the federal courts for the Eastern and Western Districts of Louisiana and the Southern District of Texas.