Facing criminal charges can be a stressful and frightening experience. A criminal case involves various complexities and legal intricacies, making it crucial to understand your rights and the legal process. Seeking legal advice as soon as you’re charged with a criminal offense is vital because you could face time in prison, large fines, or both if you fail to present a compelling defense. Having an experienced criminal lawyer can help mitigate any charges held against you.
Facing criminal charges in Louisiana can be overwhelming, but understanding the process is crucial. With over 25 years of experience, John D. & Eric G. Johnson Law Firm have helped countless individuals navigate Louisiana’s legal system. From serious felonies to misdemeanors, we assess each case’s unique aspects to provide informed representation. Staying informed about your rights and options can make all the difference in the outcome of your case. Please reach out to us to retain our support and learn more about your rights.
1. Who to Talk to When Facing a Criminal Investigation
Upon arrest, you will be read your Miranda Rights by the police, as required by law. Before this, police officers must have probable cause and serve an arrest or search warrant to ensure the arrest is lawful and respects your rights. The first thing you will hear is your constitutional right to remain silent—which is what you should do.
You should never answer any questions asked by a police officer, court official, or anyone else. What you say can be used against you in court. Instead, politely inform officers you will not be answering any questions until your attorney arrives. You should tell your attorney as much as you can about your case. You can speak freely with them because what you say to a lawyer is confidential.
2. You Can Be Held Without Charges or Charged Later
In some cases, the police may suspect you have committed a crime but don’t have enough evidence to charge you at the time of the arrest. Police officers have a limited time frame to charge you once you’re in custody. During this period, a criminal investigation is conducted, where law enforcement faces various processes and potential pitfalls. Having a skilled criminal defense attorney is crucial to navigate the complexities involved in criminal investigations and protect your rights.
If the police cannot produce proper evidence within that time frame, you will be released from custody; however, this does not mean that you’re off the hook. The Law enforcement officer can continue their investigation and recommend charges to be filed at a later date. Having an attorney during this time is critical to protect yourself. They may be able to convince the district attorney to drop the charges or file less serious charges.
3. Preserving Evidence and Avoiding Mistakes
Building a strong defense hinges on preserving evidence and avoiding critical mistakes. As a defendant, it is vital to cooperate fully with your attorney, providing them with all relevant information and evidence. This includes safeguarding physical evidence, securing witness statements, and maintaining any pertinent documentation.
Additionally, refrain from making statements to law enforcement officers without your attorney present, as these statements can be used against you in court. By meticulously preserving evidence and avoiding self-incrimination, you strengthen your defense and protect your rights.
4. Evaluate Plea Offers Carefully
You are not legally entitled to plea bargains, although most cases are resolved by one. Accepting or rejecting an offer is a crucial step in the process. A felony conviction can have significant and far-reaching consequences, impacting employment opportunities, housing availability, and access to government benefits.
It’s vital to have a thorough and comprehensive discussion with your attorney before proceeding. Your attorney will evaluate the offer and help you decide if you should accept it.
5. Meet With Your Criminal Defense Attorney
Bring any relevant documents and items to your meeting for the attorney to review. Securing the crime scene is crucial to preserve crucial evidence, as improper security measures can lead to evidence alteration and mix-ups, potentially resulting in wrongful charges against innocent individuals.
You should also prepare a timeline of events, compile appropriate witness names and contact information, and inform the attorney about any potential evidence that may affect your case. Once you provide the attorney with detailed information, you should then receive an analysis of potential legal issues and a case overview. At the end of the meeting, ask any questions the attorney has not already answered. You need to be as informed as possible.
Understanding the Charges Against You
Grasping the nature of the charges against you is crucial for mounting a robust defense. In Louisiana, a felony is any crime that can result in a sentence of death or imprisonment at hard labor. Felony charges encompass a wide range of offenses, from drug-related crimes and theft to violent acts like murder or armed robbery.
Understanding the specific charges, including the elements of the crime, potential penalties, and the evidence the prosecution will present, is essential. This knowledge allows you and your criminal defense attorney to develop a strategic defense plan tailored to your case.
Understanding Your Rights
When facing criminal charges in Louisiana, understanding your rights is paramount. As a defendant, you have the right to remain silent and the right to an attorney. Exercising these rights can significantly impact the outcome of your case.
The Louisiana Constitution ensures that every person charged with a crime is presumed innocent until proven guilty. This presumption of innocence means that the burden of proof lies with the prosecution, which must establish your guilt beyond a reasonable doubt. By remaining silent and seeking legal counsel, you protect yourself and enhance your chances of a favorable outcome at jury trial.
Don’t Panic
Things may not be as bad as you initially perceive. Prosecutors often overcharge cases because many get pled down to less severe offenses. It’s easy to become stressed and overwhelmed by court costs, but it’s essential to make clear decisions during this process. When in doubt, consult your attorney.
Navigating the Louisiana Justice System
The Louisiana justice system can be intricate and daunting. Understanding the various stages of the criminal process is essential for any defendant. This journey begins with the initial arrest, followed by the arraignment, preliminary hearing, and ultimately, the trial.
Each stage involves different players, including police officers, prosecutors, trial judges, and juries. Navigating this complex legal system also requires the expertise of a skilled criminal defense attorney who can guide you through each step, ensuring your rights are upheld and providing you with the best possible defense.
Get Representation for Criminal Charges Under Louisiana Law
If you face criminal charges in Louisiana, it’s crucial to hire an experienced criminal defense attorney who will be on your side and advocate on your behalf. Having a skilled criminal trial attorney is essential to navigate the challenges and complexities associated with the courtroom. With more than 25 years of experience, attorney Eric Johnson of The John D. & Eric G. Johnson Law Firm knows how to create a winning defense strategy.
Eric Johnson takes the time to get to know each of his clients individually and commits himself to investigate each aspect of your case. Call our office at (318) 377-1555 or complete our contact form to schedule a free consultation.