On this page
- What should you do in the first hour after an arrest?
- Do you have to answer police questions after you are arrested?
- What happens at booking and the first court appearance?
- How does bail work after a Louisiana arrest?
- How long does the state have to formally charge you?
- What should family members do when a loved one is arrested?
- What mistakes can make your case harder?
- When should you call a criminal defense lawyer?
What should you do in the first hour after an arrest?
In the first hour, your only jobs are to stay safe, stay quiet and ask for a lawyer. Do not argue, run or physically resist, even if you believe the arrest is wrong. You can fight the arrest later in court. You cannot undo a new charge for resisting.
Use these short, polite sentences and then stop talking:
- "I want to remain silent."
- "I want a lawyer."
- "I do not consent to any searches."
Keep your hands visible and follow physical instructions, like stepping out of the car or sitting down. Following instructions is not the same as agreeing to answer questions or agreeing to a search. You can do one without the other.
Give your name and basic identifying information if asked. Beyond that, you do not have to explain where you were, what you drank, whose car it is or what is in your pocket. Officers are trained to keep a conversation going. Your safest move is to let it end.
Do you have to answer police questions after you are arrested?
No. You have a constitutional right to remain silent, and you can use it at every stage: on the roadside, in the patrol car, at the station and in the jail. Saying you want a lawyer should stop questioning, but you may need to repeat it.
People often talk because they think they can clear things up. In practice, small details you share can be used to fill gaps in the state's case. As a former Orleans Parish Assistant District Attorney, Barry Ranshi has seen how prosecutors build cases out of statements people thought were harmless.
Be careful with jail phones, too. Jail calls are usually recorded, and a conversation with a friend or relative is not protected the way a conversation with your lawyer is. Do not talk about the facts of your case on a jail phone, by text or on social media.
What happens at booking and the first court appearance?
After booking, Louisiana law requires that you be brought before a judge within 72 hours of arrest, not counting weekends and legal holidays. At that first appearance, the judge tells you your rights, can appoint a lawyer if you qualify, and can set or review bail. If this does not happen in time, the law says you must be released on your own recognizance.
If you were arrested without a warrant, a judge must also decide within 48 hours whether there was probable cause for the arrest. These are short windows, and they move fast. A lawyer who is already working on your case can speak up about bail at this early stage instead of days later.
Booking itself usually includes fingerprints, a photo, a search of your property and a check for warrants in other parishes. Your belongings are typically held until release. If you take regular medication, tell jail staff so it can be addressed.
How does bail work after a Louisiana arrest?
Most people charged with a crime in Louisiana are entitled to bail before trial, with some exceptions for very serious charges. When a judge sets bail, the judge looks at things like how serious the charge is, your criminal history, whether you might not come back to court, and whether you are a danger to anyone.
Bail can come with conditions, such as no contact with a person or staying away from a place. Breaking a condition can put you back in jail. Our guide on how bail works in Louisiana explains the process step by step, and our bail and bond hearing page explains how a lawyer can ask the court to lower bail or change conditions.
How long does the state have to formally charge you?
An arrest is not the same as a formal charge. After an arrest, the district attorney decides whether to file a bill of information or seek an indictment, and Louisiana sets deadlines for that decision.
| Situation | Misdemeanor | Felony |
|---|---|---|
| You are still in jail | 30 days | 60 days (120 if punishable by death or life) |
| You were released on bail | 90 days | 150 days |
If the state misses the deadline without just cause, a jailed person must be released, or a person on bail has the bail obligation discharged. Once charges are filed, arraignment should happen within 30 days. These rules come from La. C.Cr.P. Art. 701. Missing a deadline does not end the case forever, but it can change your situation in a big way.
Sometimes the district attorney charges a different or lesser crime than the one listed at booking, and sometimes the DA declines to charge at all. A defense lawyer can talk with the prosecutor during this window, before the charging decision is made, which is often the best time to be heard.
What should family members do when a loved one is arrested?
First, find out where your loved one is being held. In our area, people are commonly booked into the parish jail where the arrest happened. Examples include the Orleans Justice Center (2800 Perdido Street, New Orleans), the Jefferson Parish Correctional Center (100 Dolhonde Street, Gretna) and the St. Tammany Parish Jail (1200 Champagne Street, Covington).
Next, write down the booking number, the charges listed and any bail amount. Do not discuss the facts of the case on recorded jail calls. Then call a defense lawyer. You can call The Barry S. Ranshi Law Firm at (504) 905-8399 any time, day or night, and we can explain the next steps for the parish involved. Our locations page lists the parishes we serve.
What mistakes can make your case harder?
The most common mistakes happen in the days after release, not during the arrest. Watch out for these:
- Contacting the alleged victim. If a protective order or bond condition says no contact, even a text or a message through a friend can lead to a new charge under La. R.S. 14:79.
- Posting online. Photos, comments and messages can end up as evidence.
- Missing court. A missed date can lead to a warrant. If you are unsure of a date, ask your lawyer. Our page on arrest warrants explains what to do if one is issued.
- Waiting too long on a DWI. After a DWI arrest, you have only 30 days to request an OMV hearing. See our guide to DWI license suspension.
- Throwing away paperwork. Keep every ticket, receipt, bond form and notice in one folder.
When should you call a criminal defense lawyer?
The best time to call a criminal defense lawyer is right away, before you talk to investigators and before your first court date. Early on, a lawyer can work on bail, protect deadlines, and start gathering evidence like video and witness names before it disappears.
Barry S. Ranshi has worked inside the system as a staff attorney to an Orleans Parish criminal court judge, as an Orleans Parish prosecutor and as a public defender. He now focuses only on criminal defense. Call (504) 905-8399 24 hours a day, 7 days a week for a free, confidential consultation. If you are not sure whether your charge is serious, our guide to felony vs. misdemeanor charges is a good next read.