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  • Writer's pictureSamantha Gahn

How Long Can You Be Held In Jail Without Charges in Louisiana?

Held in Jail without charges in louisiana
Held in Jail Without Charges in Louisiana

Being arrested can be a confusing and frightening experience.  In Louisiana, like most states, you have the right to a speedy trial. This means you cannot be held in jail for an extended period without formal charges or a hearing.  This article explores Louisiana's Article 701 of the Code of Criminal Procedure and how it applies to you in New Orleans, Metairie, or Jefferson Parish.

Louisiana Law and Article 701

Article 701 guarantees both the state and the defendant the right to a speedy trial. It establishes timelines for when formal charges must be filed and when your trial should commence.  These timelines depend on whether you are in jail or released on bail after arrest.

Time Limits for Filing Charges

  • In Custody: If you are arrested and remain in jail, Louisiana law dictates that the state must file charges (indictment or information) within:

  • 30 days for misdemeanors

  • 60 days for felonies There is a longer window (120 days) for specific felonies punishable by death or life imprisonment.

  • Not In Custody: If you are released on bail after arrest, the time allotted for the state to file charges increases to:

  • 90 days for misdemeanors

  • 150 days for felonies

Right to a Speedy Trial After Charges Are Filed in Louisiana

Once charges are filed, Article 701 guarantees your right to a speedy trial. This means your case should be heard in court within a specific timeframe:

  • In Custody: If you remain in jail, you have the right to a trial within:

  • 120 days for felonies

  • 30 days for misdemeanors

  • Not In Custody: If you are not in jail, the timeframes extend to:

  • 180 days for felonies

  • 60 days for misdemeanor

What Happens if Deadlines for Filing Charges in Louisiana are Missed?

If the state fails to file charges or bring you to trial within the time limits outlined in Article 701, you may be entitled to certain legal protections:

  • Release from Jail: If you are still in custody, you may be entitled to release from jail without bail.

  • Discharged Bail Obligation: If you posted bail, the court may order your bail obligation discharged.

Understanding Your Rights is Important

Being arrested can be overwhelming. If you are unsure of your rights or believe the state has violated your right to a speedy trial, it's crucial to consult with an criminal defense attorney.  An experienced lawyer can review your case, advise you of your options, and ensure your legal rights are protected throughout the process.

Why Trust Moisant Law Firm?

At Moisant Law Firm, we understand the anxiety that accompanies a being held in jail without or without criminal charges. Samantha Moisant is a well versed criminal defense attorney in the New Orleans, LA area.

If you or someone you know in , in the Metairie, Jefferson Parish, New Orleans area , don't hesitate to contact us. We are prepared to help you through the process. Taking immediate action, you can reduce its impact on your life. Reach out to Moisant Law Firm today, and let us help you set things right.

Disclaimer: The information provided in this article is for educational purposes only and should not be construed as legal advice. Each case is unique, and we recommend consulting with an attorney for advice tailored to your specific circumstances.

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