Best Criminal Litigation Lawyers in Louisiana

About Criminal Litigation Law in Louisiana, United States

Criminal litigation in Louisiana refers to the legal process used to resolve situations where a person is accused of violating criminal laws within the state. This process typically involves law enforcement agencies, prosecutors, defense attorneys, judges, and sometimes juries. Criminal cases in Louisiana can cover a range of offenses, from misdemeanors such as shoplifting or traffic violations to serious felonies like assault, robbery, and homicide. Louisiana has a unique legal tradition influenced by both the civil law system (due to its French and Spanish roots) and common law, which shapes how criminal cases are handled in the state's courts.

Why You May Need a Lawyer

If you are facing criminal charges in Louisiana, it is often critical to seek legal help. Criminal litigation can be complex and the stakes are high, including potential jail time, fines, a criminal record, or other serious consequences. Common situations that may require the assistance of a lawyer include being arrested for a crime, being formally charged by the district attorney, being investigated by law enforcement, or having your property seized in connection with an alleged crime. A criminal defense attorney can explain your rights, help you understand the charges, negotiate on your behalf, and represent you in court. Even seemingly minor criminal matters can have long-lasting effects, making legal representation a wise choice.

Local Laws Overview

Louisiana criminal law is defined by the Louisiana Criminal Code and related statutes. One unique aspect of Louisiana law is the use of a civil law tradition, which can impact trial procedure and interpretation of statutes. Louisiana divides crimes into two main categories: felonies (which are punishable by death or imprisonment at hard labor) and misdemeanors (which are less serious offenses punishable by fine or a short term of imprisonment). Louisiana also has specific procedures for issues such as bail, arraignment, plea bargaining, and trials by judge or jury. Local parishes (Louisiana's version of counties) handle most criminal cases in their district courts, while certain matters may go to federal court if federal law is involved. Sentencing laws, probation, parole, and expungement rules can differ from other states, and it's important to understand the specific legal framework in Louisiana when facing criminal charges.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Louisiana?

A felony is a more serious crime punishable by death or imprisonment at hard labor. Misdemeanors are less serious offenses with lesser penalties, such as shorter jail time or fines. Examples of felonies include armed robbery and murder, while misdemeanors include offenses like public intoxication or petty theft.

What happens after an arrest in Louisiana?

After an arrest, the accused is typically taken to jail, booked, and may have a bail hearing. Charges are formally brought, and the accused is typically arraigned in court, where they enter a plea. The legal process then moves forward towards potential plea bargaining, hearings, or trial.

Do I have to speak to the police if I am arrested?

No. You have the right to remain silent and to request a lawyer. Anything you say can be used against you in court. It is generally advised to wait for legal counsel before speaking with law enforcement.

Can I get out of jail before my trial?

Depending on the severity of the charges and your history, you may be eligible for bail. A judge sets bail amounts and conditions at a hearing. If you cannot post bail, you may remain in custody until trial.

What are my rights if I am charged with a crime in Louisiana?

You have the right to know the charges against you, the right to remain silent, the right to legal counsel, the right to a fair and public trial, and the right to confront witnesses. These rights are protected by state and federal law.

How does plea bargaining work?

Plea bargaining allows the defendant and prosecution to negotiate a deal. In exchange for pleading guilty or no contest to a lesser charge or receiving a reduced sentence, the defendant gives up the right to trial. Plea deals must be approved by the court.

What is an expungement and how can I get one in Louisiana?

An expungement is the legal process of sealing criminal records from public view. In Louisiana, certain convictions, arrests, or charges may be eligible for expungement under specific circumstances, allowing you to move forward without a public criminal record.

Can a criminal conviction affect my employment or housing?

Yes. Employers and landlords often conduct background checks. A criminal conviction can impact job opportunities, professional licensing, housing, and more. Pursuing expungement, when available, can help mitigate these consequences.

Can I represent myself in a criminal case in Louisiana?

While it is legally possible to represent yourself, it is not recommended. Criminal law is complex and the consequences of a conviction are serious. The court can appoint a public defender if you cannot afford an attorney.

What should I do if I am contacted by law enforcement about an investigation?

Consult with a lawyer before answering questions or providing information. An attorney can help you understand your rights, the risks of speaking with law enforcement, and can be present during any questioning.

Additional Resources

There are several organizations and governmental bodies that provide information and support regarding criminal litigation in Louisiana:

• Louisiana State Bar Association - Offers lawyer referral services and legal resources.
• Louisiana Public Defender Board - Provides public defense services for those who cannot afford attorneys.
• District Attorneys Association of Louisiana - Information on local prosecutions and district attorney offices.
• Law libraries at local courthouses or universities - Access to legal research materials.
• Victims Assistance Programs - Available through district attorney offices for victims of crime.
• Louisiana Department of Public Safety and Corrections - Oversight of state prisons, probation, and parole information.

Next Steps

If you are facing criminal charges or have questions regarding a criminal case in Louisiana, consider taking the following steps:

• Do not discuss your case with anyone except your attorney or a legal professional.
• Consult with a criminal defense attorney as soon as possible to discuss your situation. Many lawyers offer free initial consultations.
• If you cannot afford an attorney, request a public defender at your first court appearance.
• Collect and keep all documents related to your case, such as police reports, summonses, and court papers.
• Follow all court orders and appear at all required court dates.
• Seek additional support or counseling services if needed, especially if you are the victim of a crime.

Criminal litigation is complex and the outcome can have lasting effects on your life. By being proactive, informed, and seeking qualified legal assistance, you give yourself the best chance to navigate the legal process successfully.