Criminal Defense Law in Baton Rouge

What Happens After You’ve Been Arrested?

If you have never been arrested or charged with a crime before, this is a very stressful and uncomfortable time. Your foremost thought is “What happens next?" Here are a few thoughts:

Bail & Bond

The next important event will be your bond or bail hearing. Whether this is conducted over a video feed with the judge or in person, this hearing will determine what your bond amount will be. The prosecutor will make a recommendation and the judge will decide the amount. If you’ve been arrested in East Baton Rouge Parish your family or friends can learn what your bond amount is by contacting the East Baton Rouge Parish Sheriff’s Office. Most people do not realize that a criminal defense attorney can contact the judge and request that your bond be reduced. Often times, this will save the arrestee and his family hundreds or thousands of dollars that would normally go to the commercial bondsman and is non-refundable.

Once you have bonded out of jail, it is important to speak to a criminal defense lawyer as soon as possible. Depending on what your charges are, a good attorney will be able to size up your case and start some preliminary planning on your defense. Contacting and locating potential witnesses and obtaining their statements is crucial at this stage.

The Judicial Process

After you are arrested, the arresting agency will prepare a police report to be delivered to the District Attorneys Office for review. During this phase, which can take anywhere from 6 weeks or longer, it is important that you stay in close contact with your defense attorney and discuss your defense strategy.

Once the arresting agency has forwarded the police report to the District Attorneys Office, your criminal attorney can then speak to the assistant district attorney who will screening your case. This is called the screening phase because an assistant district attorney will review or “screen” the details of your arrest and the evidence the police have against you in order to determine what, if any charges will be brought against you. Often times, an experienced criminal defense attorney, especially one who is a former prosecutor, can point out problems with your arrest, the seizure of evidence, or simply persuade the assistant district attorney to give you a break.

After the assistant district attorney makes a screening decision a bill of information will be filed with the clerk of court. A bill of information is nothing more than a legal piece of paper that states what crime you are being charged with. It begins the prosecution. Alternatively, the District Attorney may take your case to the grand jury and seek an indictment. However, this is reserved for only the most violent of crimes. Once the bill of information is filed, the court will set a date for your arraignment, which generally is several weeks down the road.

Indictment & Arraignment

Your arraignment is your first formal court appearance before the judge who will thereafter preside over your case. The arraignment is simply an occasion for you to enter a formal plea – not guilty – to the charges against you. Your criminal defense attorney may also wish to file pre-trial motions at this time and obtain a copy of the police report.

Although the arraignment is a brief encounter before the judge and the assistant district attorney it is important that you look and act respectful as first impressions are very important. By look respectful I mean to dress as if you are going to church or on a date with someone you really want to impress. After the arraignment you will be given a notice to appear for your next court date. Thereafter, it is important for you to always make your court dates. Plan ahead because judges do not like it when people miss court and a bench warrant will be placed for your arrest and your bond may be revoked or raised.

Seek an Experienced Criminal Defense Attorney

Generally, the next stage in the prosecution is an evidentiary hearing. At this important hearing your criminal defense attorney will generally question the police officer(s) or lay witnesses if any are involved. Essentially, your attorney is trying to persuade the court to throw out the evidence against you. However, depending on the circumstances of your arrest this type of may or may not be applicable.

Nevertheless, it is important that your criminal defense attorney has the experience and knowledge necessary to successfully conduct this hearing. As a former prosecutor and now criminal defense attorney, Rhett Spano has conducted many, many hundreds of these hearings.

The Spano Law Firm, LLC