72 Hour Probable Cause Hearing in Louisiana
The person arrested has, from the moment of his arrest, a right to procure and confer with counsel and to use the telephone or send a message for the purpose of communicating with his family or with counsel.
Some courts authorize the use of a predetermined bail, otherwise a judge will actually have to set the bail amount. Law enforcement must present the arrestee before the judge within 72 hours, for the purpose of appointment of counsel.
There will also a probable cause determination. A law enforcement officer effecting the arrest of a person without a warrant shall promptly complete an affidavit of probable cause, supporting the arrest of the person, and submit it to a magistrate. A person remaining in custody pursuant to an arrest made without a warrant shall be entitled to a determination of probable cause within 48 hours of arrest. The probable cause determination shall be made by a magistrate and shall not be an adversary proceeding. The determination may be made without the presence of the defendant and may be made on affidavits or other written evidence.
The First 24 To 72 Hours After An Arrest in Louisiana
When a person is arrested for a crime, you may wonder what happens to such a person within the first twenty-four hours to seventy-two hours. This is a crucial period, as what could make or mar the case. Don’t wait for you to be arraigned before you consider getting a criminal attorney in Louisiana. Immediately you are arrested for either drug possession or possession with intent to distribute; you should keep quiet and only say you want to talk to your criminal defense attorney in Baton Rouge. Under no condition should you try to talk your way or prove your innocence without a criminal attorney in Baton Rouge nearby?
We have seen cases of those who ended up incriminating themselves with their words instead of waiting for their drug charge attorney to come along.
According to the law, when you are arrested, you deserve an attorney nearby, from that moment. Don’t let the authorities let you think that only guilty parties need an attorney. Whether you are guilty or not, don’t say anything to the authorities without your criminal lawyer with you.
You also have the right to use the telephone to contact your attorney or family members — request for this right.
In some courts, there may be predetermined bails that are used for drug charge cases, and in other cases, the judge may have to sit to set how much the bail would be. The bail setting is determined by the style the court uses. The authorities have seventy-two hours to present the person arrested to the judge for the aim of appointing counsel.
When a police officer arrests a person without having a warrant, he or she is made to carry out an affidavit of probable cause immediately, stating the reason for the arrest before he or she gives it to the judge.
For a person to stay in prison after the arrest was made without the use of a warrant, a determination of probable cause has to be carried out before two days expire after the person’s arrest. The probable cause determination has to be done by the judge, and shouldn’t be seen as an adversary proceeding. The defendant is not under compulsion to be around when the determination is carried out. It may be carried out with written evidence around. You need a drug charge attorney in Baton Rouge to stand in for you.
If You Are Arraigned, What Happens?
When you are accused, the court tries to let the defendant know what his or her charges are. The court attempts to let the defendant know what his or her constitutional rights are, especially the right to have an attorney nearby. This is to ensure that the right of the accused isn’t violated in any way.
The court carries out the following during the arraignment:
The court lets the defendant know that he or she can get an attorney. If there is no plan to do so, the court can also advise the accused to make use of a public defender. The defendant is also permitted to defend himself or herself, but it is wiser to use a criminal attorney in Baton Rouge that knows his onion.
The defendant’s plea is also taken at this point. Is the defendant pleading guilty or not guilty? When a dry charge attorney is used, he or she can tell you the consequences of each plea and allow you to decide on what you want.
At the arraignment, the bail is set, if it is a court that doesn’t have a predetermined bail amount for a drug charge case. At that moment, the judge decides on whether releasing the accused is a great idea or not. He or she considers if there is a chance that the accused may escape or jump bail. The court may see if the accused would become harmful to others if released. If the court recognizes that bail won’t be dropped either would the person be detrimental to others, the court can decide to grant bail.
The court can decide to create the conditions for the release of the defendant pending when the case would be resolved. These could include banning the defendant from having to communicate with or attempting to visit the alleged victim, travel bans, and so on.
The court can decide to put in place dates for proceedings in the future like a date that those involved are expected to come back for their preliminary hearing or plea negotiations.
What we mean by arraigning is presenting the charges that are to be faced by the defendant. This means that if new charges are brought against someone that has been arraigned before, a subsequent arraignment has to be carried out. If the charges have been altered, subsequent arraignment has to be carried out, not minding if an initial court appearance had been done before. This is to ensure that the defendant knows of his or her rights.
In some instances, the court tends to arraigned an accused that was charged with a felony on the first complaint. After that, he or she has arraigned again later after the preliminary hearing must have been done based on the details.
This doesn’t apply when the defense and the prosecution have reached a plea agreement.
Probable Cause and Initial court agreements
In some cases, the first court appearance or arrangement is combined with probable cause determinations. This happens because, for an accused to be kept in custody without a warrant used in his or her arrest, it has to be shown in judicial determination of probable cause that there was a real reason. The Fourth Amendment demands that this be done. A lot of drug arrests are without a warrant. If after the probable cause sitting, the court doesn’t see any tangible cause for the arrest, the court orders that the accused be released instantly.
The Barkemeyer Law Firm Can Help
The criminal defense attorneys at the Barkemeyer Law Firm help in protecting your criminal record. We are here to represent you in court in the most aggressive way possible and work towards giving you the best option you can get for your case. If you have a criminal charge in Louisiana, contact. We handle criminal charges anywhere in Louisiana.