Overview Of The Criminal Process In Louisiana

In Louisiana, the criminal process generally follows these steps:

1. Investigation: Law enforcement agencies investigate a crime. They collect evidence, interview witnesses, and gather information to determine if there's enough evidence to make an arrest.
2. Arrest: If the police have probable cause to believe a person committed a crime, they can arrest the individual. After the arrest, the accused may be taken to the police station for booking, where their personal information is recorded, fingerprints are taken, and they may be allowed to make a phone call.
3. Initial Appearance and Bond Hearing: Following the arrest, the accused is brought before a judge for an initial appearance, where they are informed of the charges against them. At this time, a bond may be set, allowing the accused to be released from custody pending trial. The judge considers factors like the severity of the crime, the defendant's ties to the community, and flight risk in determining the bond.
4. Grand Jury or Preliminary Hearing: In some cases, a grand jury will review the evidence to decide if there's enough probable cause for the case to proceed to trial. Alternatively, in some instances, a preliminary hearing is conducted where a judge decides whether there's enough evidence for the case to move forward.
   Arraignment: The accused enters a plea (guilty, not guilty, or no contest) during the arraignment. If they plead not guilty, the case proceeds to trial. If they plead guilty or no contest, sentencing may occur, or there might be a plea bargain negotiated between the defense and the prosecution.
5. Trial: If the case goes to trial, it can be either a bench trial (heard by a judge) or a jury trial (where a jury decides the verdict). Both the prosecution and defense present evidence, call witnesses, and make arguments.
6. Verdict: The judge or jury deliberates and reaches a verdict of guilty or not guilty. If found guilty, the judge will impose a sentence.
7. Appeals: The convicted person has the right to appeal the verdict or sentence if they believe legal errors occurred during the trial. Appeals are typically heard by higher courts.

Reasonable Suspicion Vs. Probable Cause

Reasonable suspicion and probable cause are legal standards used by law enforcement for different stages of criminal investigations, especially regarding making an arrest.

Reasonable suspicion is a lower standard than probable cause. It refers to the belief, based on specific and articulable facts, that a person is, has been, or is about to be engaged in criminal activity. It's the threshold required for a law enforcement officer to briefly detain someone for investigation. An officer needs reasonable suspicion to stop and briefly detain an individual to question them and conduct a limited search for weapons if there's a concern for their safety. However, reasonable suspicion alone is not enough to make an arrest.

For example, imagine a police officer patrolling a neighborhood late at night and notices someone peering into car windows and trying door handles. The officer, based on these specific and articulable facts, may have a reasonable suspicion that this person is attempting to commit car burglaries. The officer can approach the individual, briefly detain them, and ask questions to investigate further, such as asking for identification and the reason for their behavior.

On the other hand, probable cause is a higher standard than reasonable suspicion. It refers to the belief, based on facts and circumstances known to the officer at the time, that a crime has been, is being, or is about to be committed by the person being arrested. Probable cause is necessary for an officer to make an arrest, conduct a search, or obtain an arrest or search warrant. It requires more evidence or information than reasonable suspicion and is the standard used to justify a full arrest.

Consider a scenario where the same officer, after observing the person attempting to break into cars, actually witnesses the individual forcefully breaking a car window and taking items from inside. At this point, the officer has gathered enough facts and circumstances to establish probable cause to believe that the person committed a crime (burglary). With probable cause established based on the observed criminal activity, the officer can make a full arrest of the individual for burglary.

What To Do If You’ve Been Arrested

The most important thing is to know what not to do—don’t panic. Law enforcement officers may seek to maneuver someone into a quick confession, on the grounds that it’s their only chance to plead guilty to a lesser charge.

No one should plead guilty—or say anything at all—until their attorney is present. Anyone arrested has a constitutional right to have a lawyer present. That right should be invoked without hesitation.

Beall & Thies fights hard for defendants and their rights. Our criminal defense services include the following:

• DWI/DUI 
• Weapons Charges 
• Theft 
• Drug Crimes

Don’t settle for anything less than legal counsel who has been through their share of tough legal battles, knows how to get in the trenches and understands how to challenge prosecutors and their evidence every single step of the way.

The Value Of An Experienced Criminal Defense Lawyer

Not everyone charged with a crime is guilty. Those for whom the evidence is stacked against still deserve fair treatment, and a criminal defense attorney who will fight to see that they get a second chance. Every step in the criminal justice process is an opportunity for the attorney to advocate for their client.

Here are just a few of the ways in which we can help you:

• Plea deals: A defendant is offered a lesser charge, with the implication that if they refuse the offer, they will certainly be convicted of a more serious offense at trial. Is that true? An experienced Baton Rouge criminal defense lawyer will understand how strong the evidence is and what the likelihood of success is at trial. The final decision is always the defendants, but good advice based on years of trial experience goes a long way in making good decisions.
• Evidence: Law enforcement may not have followed proper protocols in gathering the evidence necessary to secure a conviction at trial. This is no mere “technicality.” The protection against unlawful search and seizure is a part of the Bill of Rights and it protects everyone. Experienced Baton Rouge criminal defense attorneys can hold police accountable. If evidence is shown to have been illegally obtained, it cannot be presented before a jury. If the prosecution is stripped of illicitly acquired evidence, their case can be weakened, if not eliminated altogether.
• Jury: We all have the right to be judged by a jury of our peers. But an attorney who has been through numerous trials and jury selections has a better chance of helping construct a panel that will at least by sympathetic to the case made by the defendant. Defense lawyers share in the responsibility of jury selection, along with the prosecutors and the judge. Experienced defense counsel makes the most of that opportunity. 

These are critical issues where a criminal defense attorney that’s been through the legal battles can be an important asset to their client—and we haven’t even gotten to the actual trial, where experienced counsel might be better suited to handle cross-examination of witnesses, favorable presentations to the jury and to adjust to unexpected developments.

Call Beall & Thies today. We have over 100 years of combined legal experience among our lawyers, and we leverage every bit of that for the best interests of our clients.

We can be reached at 225-383-3499 or by filling out our online contact form.