Most people don’t know much about the criminal law system; they have secondhand experience with it, usually gained through TV shows and movies. In real life, the system is complicated and moves quickly. This brief overview serves as a basic introduction to criminal law basics.

Crime Classification

The criminal law system springs into action when a person is charged with a crime. In Louisiana, someone may be charged with either felony or misdemeanor. A felony – such as drug charges or murder – is punishable by imprisonment or death, while a misdemeanor is usually a less serious crime punishable by up to one year in jail. While some states further classify crimes alongside their designated sentences, Louisiana’s sentences are fixed based on the crime.

The Criminal Law Process

The criminal law process is made up of dozens of players: the arresting officer and other officers at the station, bail bondsmen if needed, prosecutors and criminal defense attorneys, judges, witnesses, etc., who all play separate roles in the system. There are typically five steps in the system in Louisiana:

1. Arrest/Summons: The case begins with an arrest for felony charges, and either an arrest, summons, or ticket for misdemeanor charges. During this time, the defendant will find out when he or she must return to court for an arraignment.

2. Arraignment: The defendant shows up in court and enters a plea of either guilty, not guilty, or not guilty by reason of insanity.

3. Motion Hearings: Filed by the defense counsel, the motion hearings occur when attorneys discuss issues that might affect the outcome of the case.

4. Trial: The case is presented to the judge or jury. The prosecutor presents evidence and witnesses to attempt to prove the defendant’s guilt, while the defense attorney cross-examines these witnesses. The judge or jury decides whether the defendant is guilty or not guilty.

5. Sentencing: If the defendant is found guilty, the judge sentences him or her.

The Importance of Legal Assistance

Anyone charged with a crime should have an attorney to defend their case. A criminal lawyer knows the ins and outs of the system, including what actions should be taken to provide the best defense for the accused. The lawyer will help the client navigate every aspect of the system based on their specific circumstances. Criminal charges are serious, so it’s important for everyone accused of a crime to have a criminal lawyer who will fight on their side.

If you’ve been charged with a crime, the criminal law attorneys at NOLA Criminal Law will stand with you in court. Our founding attorney was recognized as a top criminal defense attorney in New Orleans, and we’ve been assisting clients charged with misdemeanors and felonies for over 20 years. Contact us today at (504) 571-9529 for a free consultation.

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