On this page
- Which court will hear my Chalmette case?
- Who makes arrests in Chalmette, and where are people held?
- What if I refused a breath test in St. Bernard Parish?
- What are the penalties for a first DWI in Chalmette?
- Is there a first-offender option for a St. Bernard drug charge?
- Which other charges do Chalmette residents call us about?
- Do I have to drive to Kenner to meet with you?
Which court will hear my Chalmette case?
The 34th Judicial District Court, at the St. Bernard Parish Courthouse, 1101 W. St. Bernard Hwy. in Chalmette. Unlike Jefferson Parish, which splits cases between parish courts and a district court, St. Bernard sends felonies, misdemeanors and DWIs to this one court.
Chalmette is the parish seat and is not an incorporated city, so there is no Chalmette mayor's court. The 34th Judicial District Attorney's Office prosecutes the cases.
Having everything in one courthouse makes the path simpler, but it also means the same judges and prosecutors see a wide range of cases. Knowing how to prepare for that courtroom matters.
Who makes arrests in Chalmette, and where are people held?
The St. Bernard Parish Sheriff's Office handles law enforcement in Chalmette and across the parish. People who are held after an arrest go to St. Bernard Parish Prison at 1900 Paris Road in Chalmette.
The law then starts a clock. An arrested person must be brought before a judge within 72 hours, not counting weekends and legal holidays, and bail can be set or reviewed at that time. If the arrest happened without a warrant, a judge should decide within 48 hours whether there was probable cause.
If a family member is in custody in St. Bernard Parish, call (504) 905-8399 right away so we can prepare for the bond hearing. See our bail and bond hearing page.
What if I refused a breath test in St. Bernard Parish?
Refusing a test does not end the case, and it brings its own penalties. Anyone who drives in Louisiana is treated as having agreed to a chemical test of breath, blood or urine after a DWI arrest. This is called implied consent.
- A first refusal brings a 1-year license suspension.
- A second refusal within 10 years brings 2 years.
- An ignition interlock is required to get your license back after a refusal.
- Refusal becomes a separate crime only on a third refusal, with $300 to $1,000 in fines and 10 days to 6 months in jail.
You still have only 30 days from the arrest to request an OMV hearing. Read our guide to refusing a breathalyzer in Louisiana.
What are the penalties for a first DWI in Chalmette?
A first offense DWI is a misdemeanor with a fine of $300 to $1,000 and 10 days to 6 months in jail. In many cases the judge can suspend the jail time and place you on probation instead.
Probation conditions can include 48 hours in jail or at least 32 hours of community service, a substance abuse program, a driver improvement program and an ignition interlock for at least 6 months. A higher test result raises the stakes. At 0.15% or more, at least 48 hours must be served and the license suspension jumps to 2 years.
A first DWI can often be set aside under Article 894 after probation and then expunged, though that is allowed only once in 10 years. See our DWI defense page and Louisiana DWI penalties.
Is there a first-offender option for a St. Bernard drug charge?
There may be. Louisiana law gives judges a few ways to keep a first drug offense from becoming a permanent conviction, and the right one depends on the charge and your record.
- Article 894 for misdemeanors, such as possessing more than 14 grams of marijuana on a first offense.
- Article 893 for many first-offense felonies, such as simple possession of a small amount of a Schedule II drug. It is not available for drug offenses punishable by more than 10 years.
- Drug court or drug division probation, where it is available, which pairs treatment with supervision.
Finishing probation can lead to the conviction being set aside and the case dismissed. None of these happen automatically. Your lawyer has to ask for them and make the case that you are a good fit.
Which other charges do Chalmette residents call us about?
We defend every type of criminal charge in the 34th JDC, including:
- Drug charges. Possessing under 2 grams of fentanyl carries 2 to 4 years.
- Domestic violence and battery
- Theft and shoplifting
- Probation violations and warrants
- Expungement of older St. Bernard records
Barry's background as a prosecutor, a public defender and a judge's staff attorney helps him see a case the way the DA does, and find the gaps.
Do I have to drive to Kenner to meet with you?
No. Our office at 4224 Florida Ave. in Kenner is about 30 to 35 minutes (roughly 22 miles) from the 34th JDC, and we are glad to meet there. But many St. Bernard clients prefer to start by phone or video, and that works just as well for a first consultation.
We serve Chalmette, Arabi, Meraux, Violet, Poydras and the rest of St. Bernard Parish. The first consultation is free and confidential, and you are under no obligation to hire us. Call (504) 905-8399 any time, day or night. For parish-wide details, see our St. Bernard Parish page.