- First Appearance & Bond Hearing
- Preliminary Hearing
- Arraignment
- Pretrial Hearings
- Trial
- Sentencing & Multiple Bill
- Post-Conviction & Appeal
- Re-Entry
- First Appearance & Bond Hearing
- Preliminary Hearing
- Arraignment
- Pretrial Hearings
- Trial
- Sentencing & Multiple Bill
- Post-Conviction & Appeal
- Re-Entry
First Appearance & Bond Hearing
Within 48 hours of being arrested, you will have a first appearance in front of a judge. During this time, the judge will determine if there is probable cause for the charge(s), a bond amount, and if the Orleans Public Defenders is appointed to defend the case.
Preliminary Hearing
During a preliminary hearing, the judge determines whether there is probable cause. The purpose is to determine if there is enough evidence to go to trial with the case. Both the prosecutor and public defender have an opportunity to argue their side. Each side may introduce evidence during this time and call witnesses to testify. The judge decides if there is probable cause to move forward with the case.
Arraignment
A defendant is formally charged during the arraignment. During this time, the judge asks the defendant to plead guilty, not guilty, or no contest.
Pretrial Hearings
District attorneys and defense attorneys can file motions on a range of topics, depending on the individual case. The judge can either rule on the motion after hearing from both sides or set a motion hearing on the matter. Motion types include those to suppress evidence, exclude testimony, and determine competency.
Trial
A trial is used to conclude if a defendant is innocent or guilty. There are two types of trials. A judge hears and decides bench trials. Jury trials are presided over by a judge but the verdict is decided by a jury. It is up to the district attorney to prove someone is guilty beyond a reasonable doubt. A trial may include opening statements, presentation of evidence, witness and expert testimony, cross-examination, and closing arguments. All jurors must unanimously agree in order to convict or acquit. If the defendant is found guilty, the next step is sentencing.
Sentencing & Multiple Bill
Each case is unique in its sentencing guidelines. Prior convictions, parole, probation, charge type, and mitigation are all factors when a judge decides a sentence length and requirements of the sentence. If this is an additional felony conviction, the defendant may be eligible for “multiple billing.” The number of convictions increases the years of a sentencing range.
Post-Conviction & Appeal
In post-conviction and appeal processes, once a defendant receives a guilty verdict, he or she can challenge a conviction or sentence. This is done through different legal actions filed by attorneys, with the goal of exoneration.
Re-Entry
Reentry is the process of individuals returning to their communities after a prison sentence. The reentry process prioritizes programs and services to ensure common barriers to successful reentry are addressed, such as housing, job readiness and placement, education, medical and mental health care services, and probation and/or parole support.
Frequently Asked Questions
When will I see a judge?
Within 48 hours of your arrest, you will be brought to magistrate court. This is called a first appearance. At this first appearance, the magistrate judge will decide if there was probable cause for your arrest, and, if necessary, set your bail.
Will I have a public defender at my first appearance?
Our attorneys are appointed to your case only if the judge decides that you don’t have the money to hire a private attorney. The judge will ask you some basic questions like how much money you make and how many people you take care of. If the judge decides you can afford a private attorney, the judge will ask you to go hire a private attorney.
If the judge decides that you don’t have the money to hire an attorney, she will appoint one of our attorneys to represent you. In court, our attorney will talk to you about your charge and argue for your release. After court, we will call your family and update them about your case and any bail that was set.
Can I call my family from jail?
You can make calls from the jail, but do not talk about your case on the jail phones. The state records and listens to these phone calls, and everything you say will be used against you. Do not talk about your case on the jail phones. Your attorney can visit you in person to talk with you about your case. Do not talk about your case on the jail phones.
How can I get out of jail?
The magistrate judge can give you an ROR, which means that you will be released without having to pay any money. Unfortunately, some charges aren’t eligible for an ROR. If you do not get an ROR, the magistrate will set bail. Bail is the amount of money you have to pay to get out of jail.
If you can afford the entire amount, you can pay your bail directly to the court, and at the end of your case, you will get your money back. If, however, you cannot afford the entire amount, then you can pay part of the amount to a bonding agency, and they will put up the rest of the money. The money you pay to a bonding agency will not be returned to you.
Be sure to check if there are any other holds before you pay bail. If you are on probation or parole, have open warrants, or have charges in another court, the jail may place a hold on you. You will not get out of jail until all of your holds are cleared.
Will I still have a public defender after I bail out of jail?
When the magistrate judge appoints a public defender, your court minutes will say, “OPD APPOINTED FOR ALL MATTERS HEARD IN MAGISTRATE COURT WHILE THE DEFENDANT REMAINS IN CUSTODY.” This means that once you bail out of jail, the judge may decide that you no longer qualify for a public defender, and you may be asked to hire a private attorney.
I’m out of jail. What should I do?
Make sure you have your subpoena and that you know when your next court date is. If you don’t know when your next court date is, you can look it up with OPCSO’s Docket Master, or you can call us at (504) 821-8101 to help you look it up.
If you move, you must go to the Clerk’s Office in Room 104 and update your address. Otherwise, the court may send paperwork to the wrong address, and you will get a warrant for your arrest because you missed court.
If the judge ordered you to sign up for any pretrial services, drug testing, domestic violence monitoring, or any other services, you must do so. Please contact our office at (504) 821-8101 if you have any questions.
Make sure you show up on time for your next court date. Remember that you can be drug tested at any future court dates.
How long does the state have to accept my charge?
The state has until your 701 date to pick up your charge. For most felonies, that’s 60 days if you’re in jail, and 150 days if you’re out of jail. For a misdemeanor, that’s 45 days if you’re in jail, and 90 days if you’re out of jail. See La. C.Cr.P. art. 701 for more information.
If the state picks up your charge, you will get a subpoena for your arraignment date.
If the state refuses your charge, then your case has been dismissed. You will not have any future court dates.
What happens at an arraignment?
At arraignment, a new judge will ask you if you can afford a private attorney or if you would like a public defender. If you ask for a public defender, this judge will once again ask you some questions about how much money you make and how many people you take care of. If the judge decides you can afford a private attorney, the judge will ask you to go hire a private attorney. If the judge appoints the public defender, one of our attorneys will be assigned to your case. Your attorney will then enter a plea of not guilty and select a next court date with you.
If the state accepts a charge that is different from what the police arrested you for, the judge may have to set a new bail. Please check your Docket Master to see if there are any new charges. If there are new charges without a bail already set, please contact your bonding agency and be prepared for the possibility of having to pay a new bail in court.
Also please be aware that a judge may ask you to take a drug test at any court appearance.
What do I do if I miss a court date?
Contact your attorney and come to court as soon as you can. The judge probably put out a capias, or warrant, for your arrest. You and your attorney will need to ask the judge to lift the capias in court. Be prepared to explain to the judge why you missed court.
How do I stay in touch with my attorney about my case?
Keep your attorney’s contact information so you can give us a call or send us an e-mail. And always let us know if your phone number changes. You can look up your attorney’s phone number and e-mail on our Staff page. If you don’t know who your attorney is, just call our front desk at (504) 821-8101 and we’ll help you figure it out.
If you lose track of your next court date, you can use OPCSO’s Docket Master to look it up.
Court closures will be announced on the Criminal District Court website.
