If in case you have been arrested and charged with against the law, you’ll seemingly be delivered to the jail for reserving. Reserving is a part of the document holding course of. It contains the mug shot, fingerprinting, the alleged offense(s), and some different miscellaneous particulars surrounding your arrest.
Subsequent, utilizing a schedule arrange by the courts, a bail shall be set. This quantity is set by the severity of your prices coupled with the variety of prices filed in opposition to you. In some instances no bail shall be set; nevertheless, most could have a bail set. Additionally, except you’ve got been charged by a grand jury, you’ll make an look earlier than the Justice of the Peace to tell you of the costs filed in opposition to you and to be suggested of the bail quantity. In some instances, the choose could ask you a number of questions however typically this look could be very transient and is often accomplished over closed circuit TV from the jail to the choose within the courtroom.
In the course of the preliminary look, the choose could ask you probably have retained an lawyer or would you want on appointed. When you ask for an appointed lawyer, you have to to finish an utility that features your monetary standing and your capability or incapability to rent an lawyer.
The following courtroom look shall be for arraignment. Your lawyer should be with you for this brief listening to. The aim of an arraignment is so that you can hear the formal prices as filed by the District Lawyer and so that you can declare to the courtroom your plead of not responsible or responsible. When you plead not responsible, you’ve got 15 days to file motions. Motions can embody all kinds of matters largely to have the courtroom rule the constitutionality of the circumstances surrounding your arrest. Each america and Louisiana Constitutions present rights that should be adhered to for a legitimate arrest, prosecution and conviction. If any of those rights are discovered to have been violated, it’s potential that every one prices shall be dismissed and your case shall be over, except the District Lawyer can right any errors and refile prices.
As soon as all movement hearings have been argued earlier than the courtroom, a listening to shall be held as a pretrial convention to clear up all remaining points and set a trial date.
Relying on the info and severity of the alleged offense(s), the above can take a yr or extra; though, most instances are dealt with in six to eight months.
This transient define solely explains the highlights of the whole course of. That is to simply provide you with a basic concept of what to anticipate. If and when you find yourself arrested, your lawyer ought to maintain you knowledgeable and may aid you perceive what is going on and what to anticipate.