Arrested - New Orleans

Resources and information for people arrested in New Orleans. Compiled by Morenike Erinkitola, Loyola College of Law.

Dictionary of Common Terms

Appearance: Formal act where the defendant submits themselves to the jurisdiction of the court. This can be done in person, by an attorney, by pleadings, or a combination of these.

Appearance Bond: Obligation signed the accused and or their surety to secure their presence in court when ordered. The bond is forfeited if the accused fails to appear.

Arraignment: A felony case proceeding where the defendant is brought to court to answer to a criminal charge. The charge(s) is read to the defendant who then answers how they plea.

Bail: Money placed as security with the court to assure a person accused of a crime will return to court when needed.

Bail Bondsman: A licensed agent who helps secure bail independently or through an insurance company (commercial surety).

Bench Warrant: Process issued by the court for the attachment or arrest of a person.

Bill of Particulars: A written statement giving the specific details of the charge(s) in a criminal case.

Bill of Information: The charging document which is filed by the district attorney that begins the prosecution process without a grand jury indictment.

Burden of Proof: The duty to prove a fact in a dispute. Usually one party in an action has the burden of proof for a particular fact through the introduction of evidence in support of that fact.

Burglary: The unauthorized entering of any vehicle, water craft, dwelling, or other structure, movable or immovable, with the intent to commit any felony or theft therein.

Cash Bond: The cash amount of the bail that gets paid to the court.

Chambers: Usually a private room or office of the judge in the courthouse.

Charge: The complaint, information or indictment charging the accused with the commission of the alleged crime.

Circumstantial Evidence: All indirect evidence.

Clerk of Court: Court officers who keeps records, issues process, enters judgments, enters orders, and supervises the clerical functions of the court.

Commercial Bond: Refers to a contract signed with a commercial bondsman to secure release through the posting of bail.

Competency: A person’s legal capacity to understand right or wrong, to have committed a crime, and or to understanding legal proceedings.

Complainant: The chief witness or victim.

Complaint: The prosecutor’s written statement that alleges the accused committed a crime. It is made under other and generally begins a criminal action.

Concurrent Sentences: When the judges orders the sentences of multiple crimes be served at the same time.

Consecutive Sentences: One sentence for a crime begins when another sentence has ended.

Continuance: A postponement.

Corroborating Evidence: Evidence used to support or confirm other evidence.

Crime: Act or omission as defined by the law. It may be a misdemeanor or felony. Conduct is not a crime unless it is made criminal by Louisiana statutes, city ordinances, and or parish ordinances.

Criminal Case: When a person is prosecuted for a committing a criminal offense.

Criminal Insanity: A mental condition which means that a person is not legally responsible for their actions.

Cross-Examination: When an opposing party questions a witness.

Direct Contempt of Court: Acts of contempt committed in the presence of the court.

Direct Evidence: Evidence that tends to directly prove or disprove a disputed fact.

Discovery: Efforts by a party to get information about the case from the opposing party in preparation of trial.

District Attorney: The prosecuting attorney for the municipality where a person has been charged.

Exhibit: Physical item that is introduced as evidence during a proceeding.

Expungement: Means to remove a record of arrest or conviction, photographs, fingerprints, disposition, or any other information of any kind from public access. However, the record is not destroyed. It is a court-ordered process. After a conviction is expunged, the process may be referred to as “setting aside a criminal conviction.”

Expungement by Redaction: A person who is arrested or convicted with other persons who are not entitled to expungement may have his/her name or any other identifying information removed from public access while the information on the other person(s) will be retained.

Felony: Crime that is punishable by imprisonment with hard labor or a death sentence.

Fine: A monetary penalty.

Grand Jury: Private proceeding led by the prosecution to determine whether a crime has probable cause. If it is determined that probable cause exists, an indictment will be returned. A grand jury indictment is required under Louisiana law for any crime that carries a sentence of life in prison or the death penalty.

Hearsay Evidence: An out of court statement made by someone other than the witness who is testifying that is used to prove the truth of the matter asserted.

Inadmissible: Something cannot be admitted into evidence according to the established rules of evidence.

Indictment: The written accusation of the grand jury that the person charged has committed the crime.

Indirect Contempt of Court: A failure or refusal to obey a lawful order of court.

Interim Expungement: Expunges a felony arrest from the criminal history of a person who was convicted of a misdemeanor offense arising out of a felony arrest. Only the felony arrest is expunged.

Magistrate: A court officer empowered to perform certain judicial functions.

Malicious Prosecution: An action that lacks probable cause made to injure a defendant.

Mandate: A judicial command.

Material Evidence: Evidence that is relevant to the substantial issues in the case.

Misdemeanor: Type of crime that is usually punishable by a fine or a sentence of less than one year.

Nolo Contendere: Type of plea entered by the defendant. It is used to establish guilt that allows a court to punish a defendant.

No Bill: This occurs when a grand jury determines there was insufficient evidence to justify the indictment.

Parole: A conditional release from prison prior to the completion of the sentence. It will include mandatory conditions. The parolee will be assigned a state parole officer who will supervise their parole.

Personal Surety Bond: A relative or friend signs the arrestee out of jail with a promise to pay if the defendant does not return to court as scheduled.

Preliminary Examination: Hearing that determines if there is enough probable cause to move forward with a trial in a felony case.

Prescription: The amount of time, as defined by legal statute, after an act in which prosecutorial proceedings must have begun. For any criminal case except murder the time limit is two years from the date the crime was committed. Sometimes referred to as the statute of limitations.

Probable Cause: Circumstances and facts that reasonably support the presumption that the defendant is guilty.

Probation: A method of suspending a sentence which must be maintained by the good conduct of the defendant.

Property Bond: Property worth the value of the bail is deposited with the court.

Prosecutor: A lawyer that represents the State or Municipality in a criminal case.

Recognizance Bond: An arrestee signs himself out of custody without having to pay-just a promise to return to court as scheduled. This is sometimes referred to as an R.O.R.

Search Warrant: A judicial written order on behalf of the State that authorizes a law enforcement official to search a specific house or location for the items contained in the warrant.

State: Often refers to the State of Louisiana.

Subpoena: An order to appear in a specific court on a specific date and time.

State and Parish Agencies

Orleans Parish District Attorney’s Office

Website: www.orleansda.com

Address: 619 South White Street

New Orleans, LA 70119

Phone: (504) 822-2414

Email: info@orleansda.com

Facebook: https://www.facebook.com/orleansparishda

Twitter: @orleansparishda

Instagram: Orleansparishda

Language Services: English, Spanish, Vietnamese, Mandarin, French, Portuguese, Arabic

Current DA: Jason Williams

LA Board of Pardons and Parole New Orleans Office

1250 Poydras Street Suite 1000, 10^th Floor

New Orleans, LA 70113

(504) 962-4400

Louisiana Probation and Parole New Orleans District Office

https://doc.louisiana.gov/location/new-orleans/

1641 Poland Avenue

New Orleans, LA 70117

(504) 962-4400

Bail

Bail amounts are set at the discretion of judges and commissioners of the Criminal District Court. They may also place conditions upon the accused or refuse their release because of safety concerns to the community. The amount of the bail must be reasonable and appropriate to the particular case. The person who posts bail for a defendant assumes the responsibility for a defendant’s appearance in court. If the defendant fails to appear, an arrest warrant will be issued and the posted bail can be forfeited. Bond amounts are generally set by a magistrate judge or commissioner at an initial court appearance within 72 hours of arrest. Persons charged with a capital crime do not have a right to be released on bail prior to trial.

Factors to determine bail amounts are set by Art. 334 of Louisiana’s Code of Criminal Procedure

The seriousness of the offense charged, including but not limited to whether the offense is a crime of violence or involves a controlled dangerous substance.
The weight of the evidence against the defendant.
The previous criminal record of the defendant.
The ability of the defendant to pay bail.
The nature and seriousness of the danger to any other person or the community that would be posed by the defendant’s release.
The defendant’s voluntary participation in a pretrial drug testing program.
The absence or presence of any controlled dangerous substance in the defendant’s blood at the time of arrest.
Whether the defendant is currently out on bond on a previous felony arrest for which he is awaiting institution of prosecution, arraignment, trial or sentencing.
Any other circumstances affecting the probability of defendant’s appearance.
The type or form of bail.

Common conditions of a bail bond:

Make all court appearances.
Arrive to court on time.
Do not have negative contact with the police.
Do not commit another crime.
Honor all protective and stay-away orders.

Cash bail: Cash bail are paid directly to the court. The full amount must be paid. If the court is closed, cash bail can be paid at the Orleans Justice Center. Cash bail paid is not refundable.

Cash bail can be paid at the Orleans Parish Criminal District Court in the Magistrate Clerk’s office in Room 104. Cash, money order, and credit cards are the accepted forms of payment. It is located at 2700 Tulane Avenue New Orleans, LA 70119. The courthouse is typically open 8am-4pm Monday-Friday.

Jail: Cash bail can also be paid at Orleans Justice Center. It is located at 2800 Perdido Street New Orleans, LA 70119. The phone number is 504-202-9339.

Bond

Bond is also referred to as a bail bond. It can mean a surety bond or a commercial bond. The bond is the equivalent to the bail amount that the court has set.

Rates for bond companies: Louisiana law sets the premium rate for criminal bail bonds at 12 percent of the face amount of the bond or one hundred twenty dollars, whichever is greater. However, in Jefferson Parish the rate is 12.5%. A commercial surety has the option to charge less than the 12 percent. The company may have additional fees.

Property Bond: Those interested in obtaining a property bond can obtain more information at the Orleans Parish Criminal District Court in the Magistrate Clerk’s office in Room 104. They will be provided with an information packet with all the information and the docket master number needed for the next step of the process. The District Attorney’s office processes the application.

Bond Companies

(This following list provides contact information for some bond companies that may operate in New Orleans.)

A-1 Unlimited Inc
723 S Dupre St
New Orleans, LA 70119
(504) 821-3026

A Affordable Bail Bonds
2802 Tulane Ave
New Orleans, LA 70119
(504) 827-2787
(504) 362-4799

A-Associated Bail Bonds
528 S Broad St
New Orleans, LA 70119

A’s Bail Bonds
3020 Broadway St
New Orleans, LA 70125
(504) 861-0283

A Bail Bond
(504) 366-6666

Aback Bonding
2649 Gravier Street
New Orleans, LA 70119
(504) 309-7004
(504) 296-4413
https://abackbonding.com/

Act Right Bail Bonds
2642 Tulane Ave
New Orleans, LA 70119
(504) 822-8400
(504) 393-7780

Magistrate Court

Magistrate 1 proceedings are in-person excluding in custody defendants. Bond defendants and attorneys must report in-person for all sections of Magistrate.

Each day a Magistrate List is posted on the Orleans Parish Sheriff’s Office website. The list includes information such as defendant’s name, charges, and folder number. A list is created for each court setting. The list is not archived on the Orleans Parish Sheriff’s Office website.

Magistrate Court List Webpage

The public is allowed to attend Magistrate Court proceedings. Seating is first come, first serve. The courtroom typically opens ten minutes before proceedings begin. Cell phones must be turned off. Appropriate courtroom attire is required. No food or drinks are allowed. Any person found to be disruptive of the court proceedings may be asked to leave at the discretion of the judge, commissioner, or sheriff.