Understanding Criminal Procedure and Arrests in Louisiana

Being arrested in Louisiana is difficult for individuals who are facing criminal charges, whether it is for a minor shoplifting incident or for murder. It is important to keep in mind that even though you have been arrested for a crime you may or may not have committed, you still have rights. At Mayeaux & Associates L.C., our criminal defense lawyer is committed to our clients. We review all cases thoroughly and work to uphold our clients' rights and interests. If you have been arrested or think you might be under investigation for a crime, contact us at 225-754-4477 to schedule a free consultation and get your defense started without delay

Your Rights When Arrested in Baton Rouge and Kenner

Whether you are arrested in Baton Rouge and Kenner or anywhere else in Louisiana, you have rights. You have the right to:

1. Remain silent. You should not answer any questions or give explanations or excuses. Anything you say will be used against you. Remaining silent also means you do not have to sign anything or make any decisions without your lawyer.
2. Ask for a lawyer immediately. You need an advocate who can stand up for your rights. If you cannot afford a defense lawyer, you may qualify for a public defender.
3. Make a local phone call. You can use your phone call to call us at 225-754-4474. 

Keep in mind that if you do not retain a lawyer who can help you fight criminal allegations, and you are subsequently convicted, you may lose some of your rights as provided by the U.S. Constitution. Namely, if you are convicted of a felony, you can lose the right to vote or to own and use a firearm.

Police Procedures for Arrests in Baton Rouge and Kenner

During an arrest, police officers detain a person in police custody, often because they are suspected of committing a crime. Arresting someone is a serious matter that involves depriving a person of their freedom of movement. For this reason, police must follow certain procedures when effecting an arrest. 

The specific procedural requirements for arrest vary between states. Individual police departments also often have additional arrest procedures. 

Police are not legally required to read someone their Miranda rights (“you have the right to remain silent, anything you do say…”) at the time of their arrest. These rights must be explained before police can interrogate someone. In practice, however, police often read a person their Miranda rights at the time of their arrest.  

When a Law Enforcement Agent Can Make an Arrest in Louisiana

A police officer in Baton Rouge and Kenner, or anywhere else in Louisiana can arrest someone in any of the three below situations:

1. The officer has an arrest warrant issued by a judge.
2. The officer saw someone commit a crime.
3. The officer has probable cause to believe someone committed or is about to commit a crime.

Probable cause means that actual information exists leading the police officer to believe the person has committed or is about to commit a crime. In other words, the police officer holds more than mere suspicion, but not enough to establish beyond a reasonable doubt, that the person committed or will soon commit a crime. 

Contact a Criminal Defense Lawyer in Baton Rouge and Kenner Today

If the police arrest you, you should immediately ask to speak to a criminal defense lawyer. You have the right to do so and they are best placed to advise you of the law and the options available to you in your circumstances. An arrest, whether it is the first time or not, is always difficult. Getting the representation you need to see your case through to the end is essential if you want to safeguard your rights and freedoms as best you can. You do have to face criminal allegations on your own.

At Mayeaux & Associates L.C., our criminal defense lawyer in Baton Rouge and Kenner represents clients who want to obtain the best outcome possible in their situation. Contact us today by filling out the online form or calling us at 225-754-4474 to schedule a free consultation.