What Do You Do if You Are on Trial for a Crime in Louisiana?

If a criminal case proceeds to trial in Louisiana, the defendants have the right to adequate legal representation. Following the Louisiana Judiciary Rules, the court typically meets with both sides at the pre-trial conference to resolve issues before the case goes to trial. The prosecutors may also offer a plea bargain to the defendant. Defendants may negotiate a plea offer with state prosecutors, and both sides may agree.

What Percentage of Criminal Cases Go to Trial in Louisiana?

The 2018 Annual Report published by the Supreme Court of Louisiana states that there were 646,747 filings in the district courts. Approximately 145,931 criminal cases were included in the total number of cases filed during the year. The court reported that 436 criminal cases were disposed of by jury trial, which made up about 0.07% of the total number of criminal cases.

When Does a Criminal Defendant Have the Right to a Trial?

Under the Louisiana constitution, §16 of Article 1 states that individuals charged with a crime are innocent until proven guilty. Hence, such individuals are entitled to a fair and speedy public trial in the parish where the offense(s) occurred. Louisiana trials ensure accused persons may cross-examine the witnesses against them, compel witnesses’ attendance, and present a defense in their case. During a criminal case, a plea bargain may be offered to the prosecutor to resolve the criminal case before it goes to trial. The negotiation occurs during the pre-trial conference stage, and if both sides fail to reach an agreement, a trial commences. However, the state’s legislature may enact a law instructing a trial court that a governor can pardon accused persons or lessen their sentences in criminal cases.

What are the Stages of a Criminal Trial in Louisiana?

The stages of a criminal trial in Louisiana generally include:

• Jury Selection
• Opening Statements
• Presentation of Witnesses and Evidence
• Closing Arguments
• Jury Instructions
• Jury Deliberation
• Verdict
• Pre-sentence Report
• Sentence Hearing

How Long Does it Take for a Case to Go to Trial in Louisiana?

In Louisiana, the period it takes for a case to move from the arraignment to trial depends on the charges brought against the defendant. Article 578 of the Code of Criminal Procedure gives three years between the indictment and the commencement of the trial. Trials for felony cases may occur within two years from indictment and a year for misdemeanors. However, if a motion for a speedy trial is filed, the trial for an incarcerated defendant charged with a felony shall begin within one hundred twenty days. The trial commences within one hundred eighty days if the defendants are not in custody. Upon filing for a motion for a speedy trial, the trial for defendants charged with misdemeanors shall occur within thirty days if they are in custody and sixty days if they are not in custody.

What Does it Mean to be Indicted in Louisiana?

In Louisiana, an indictment refers to a formal accusation of the commission of a crime against an accused by a grand jury. It is a charging instrument for serious offenses. The grand jury issues an indictment after assessing the evidence presented in the case by a prosecutor. They are summoned and selected by the court to decide if a case is fit for trial or lacks merit according to the Louisiana Code of Criminal Procedure Article 383. The District Attorney or prosecutor presents facts that are deliberated upon by the grand jury while the judge supervises the process.

A grand jury is sufficiently constituted whether there are 12 members with up to 3 alternates. From the 12 members, at least nine must vote to return an indictment for approval. After this, the indictment is filed in the court, and the defendant is served. The next step is arraignment, during which the indictment may be challenged and pre-trial hearings are held. During this process, a plea bargain is done, and if this fails, the case goes to trial, and the prosecution must prove its case beyond a reasonable doubt. An indictment is not an indication of guilt or liability on the accused.

Does Indictment Mean Jail Time in Louisiana?

No, an indictment in Louisiana does not mean jail time because there is no confirmation of guilt or sentencing in an indictment. It is only a document that shows there is sufficient evidence for a case to go to trial. Jail may be required where an accused was arrested before the indictment and may be detained until arraignment or bail is denied. Aside from failure to meet bail conditions according to the Louisiana Code of Criminal Procedure Article 316, individuals who are deemed to be flight risks or could endanger public safety will be jailed pending trial. There are also time limits for felonies and incarcerating offenders, with 60 days maximum pretrial detention without an indictment for misdemeanors or 30 days for misdemeanors.

What Happens When a Court Case Goes to Trial in Louisiana?

• Jury selection: In Louisiana, a defendant only has the right to a bench trial for misdemeanor charges. Persons charged with felony offenses may face a bench or jury trial. Twelve jurors preside over the case for capital offenses, and a unanimous verdict should be reached. Other felony criminal cases are tried before a jury of six persons.
• Opening Statements: Each party makes its first statement to give insight into what the bench or jury should expect.
• Presentation of Witnesses and Evidence: Each side presents evidence and witnesses that may help their arguments. The opposing party also cross-examines witnesses.
• Closing Arguments: Each party concludes with a final statement supporting its earlier points and trying to convince the jury/judge.
• Jury Instructions: The judge gives the jury instructions to help them understand their duties in reaching a verdict on the case.
• Jury Deliberation: The jurors have a private meeting to reach a verdict. The time used in the process usually depends on the type of case. All twelve jurors must concur on a judgment.
• Verdict: This is the unanimous agreement the jury reaches in a trial.
• Sentencing: If the defendant is found guilty at trial, the judge sentences the defendant based on the case’s facts and the punishment for the charges.

Can You Be Put on Trial Twice for the Same Crime in Louisiana?

No, §15 of Article 1 in Louisiana’s constitution protects individuals from being placed in jeopardy twice for the same crime. However, if a mistrial occurs, such individuals may apply for another trial on the same offense. A mistrial usually occurs when a jury cannot concur on a verdict. The court concludes that the defendant lacks the mental capacity to proceed with the case or that there is a legal defect in the trial proceedings.

How Do I Look Up a Criminal Court Case in Louisiana?

Individuals may obtain information on criminal court cases from the court clerk where the filing occurred. The Louisiana Clerks of Court Association site provides an online directory containing the clerk’s contact information and address. Individuals may also select a particular parish or court where a criminal case was filed. Alternatively, interested persons may visit third-party websites such as Louisianacourtrecords.us and provide the required details to look up desired criminal court cases.

How to Access Electronic Court Records in Louisiana?

Persons looking to access court records in Louisiana online may visit the state’s judiciary site and select the court where the case proceedings occurred. Querying parties may choose the court they desire based on their judicial district and use the available case search tool. Individuals should note that they may not have access to confidential court records on electronic platforms.

Louisiana criminal records may also be accessible through third-party websites. These sites generally offer the convenience of a statewide database where individuals may perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed.

How Do I Remove Public Court Records in Louisiana?

Interested individuals may expunge or seal public court records if eligible under the Louisiana statutes. The process of expunging court records makes such records unavailable to the general public for copying and inspection. To expunge misdemeanor-related court records, persons may petition if it has been five years since completing the sentence, probation, or parole. Eligibility for felony offense records includes if the conviction was set aside and the prosecution dismissed, or if more than ten years have passed since the individual completed the sentence. To get public court records sealed, interested individuals may obtain the appropriate expungement form and file it at the court where the case proceedings occurred. A judge generally reviews the petition and grants or denies it.