(504) 571-9529

FAQs About Getting Arrested in New Orleans

Posted on by Townsend Myers
Photo by Ray Devlin via FLICKR Creative Commons

Photo by Ray Devlin via FLICKR Creative Commons

Amazing weather we are having and festival season has been so much fun, so far. Parades, live music, awesome food…  French Quarter Fest started Thursday (they added a day!), Crawfest is April 21, and a few weeks later we’re hosting Jazz Fest. Daiquiris in the sun and go-cups on the run…. I think it’s a good time to share with my readers some FAQs from my website,

Good people sometimes find themselves in bad jams… it happens to the best of us. In my work, I encounter all kinds of people — professionals, college students, young and old — who have gotten into a little bit of trouble. I get calls (or text messages, a lot of times) from locals and and tourists alike who need to know how to get their friend out of jail.  And I can pretty much guarantee you that most everyone I’ve worked with is an upstanding person.

$#!+ happens.

So, here is my information if you need to reach me in a hurry — (504) 571-9529 (cell) — and below are some simple answers to the questions I commonly get asked. You can visit the website for more in depth answers.

What do I do if I get arrested, or my friend gets arrested?
First off, the best advice I can give anyone is this: DON’T TALK TO LAW ENFORCEMENT. You will not be able to talk yourself out of getting arrested or taken to jail, and I promise, your statement will hurt your case.  Second, call a criminal attorney. It is important to get a qualified criminal defense attorney involved as soon as possible after arrest to help protect the your rights, as well as to help friends and loved ones navigate the complexities of post-arrest court proceedings and the procedures associated with posting bail.

What is the penalty in Louisiana for a DWI?
The penalty for a first offense DUI/DWI is ten days to six months (maximum) in prison, plus a fine that will range from $300 to $1000. If this is your first offense, it is possible to avoid jail time, but, again, you need an attorney to help keep you out of jail. Call me on my cell phone (504.237.5425).

What will happen to me if I get caught with marijuana?
1st offense possession of marijuana is a misdemeanor — a crime for which the maximum possible punishment is incarceration for a maximum of six months. Possession of marijuana is usually handled by summons in New Orleans, which means you won’t be arrested, but will still have to appear in court. You will want to have a lawyer there with you. If you are from out of town, a lawyer can appear for you in your absence.

Can I get this off my record?
In order to have a misdemeanor conviction expunged, the Louisiana State law requires that an individual first have the conviction dismissed and set aside under the provisions of Louisiana Code of Criminal Procedure, Article 894. In order to take advantage of this provision, your attorney must, at the time of your sentencing for a misdemeanor conviction, move the sentencing judge to allow you conviction to be entered under Article 894.

Having a criminal attorney on your side is always going to make things easier when you get arrested. I am here to help you through a difficult time; to guide you through the often uncomfortable journey into (and out of) the criminal justice system. Visit my website at for more information.



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