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  1. #1

    Question How Long Does the Prosecutor Have to Charge You With a Felony

    My question involves criminal law for the state of:
    Louisiana

    I just received a subpoena ~15 minutes ago for felony charges I was arrested on almost a year ago to the day. Apparently, I have a court date ~20 hours from the time the process was served (an issue in itself), but the main question I have is one regarding what kind of time-frame the DA has to arraign me on these charges.

    The arrest was on May 13, 2012, and I was booked in on these charges and bonded out shortly after. This subpoena is the first I am hearing of this case proceeding - I was under the assumption that charges weren't accepted by the DA, as there was a huge issue with an illegal search (including an IA investigation, etc.) as well as the fact that I had a prescription for the medication I was arrested for possessing.



    LA CCRP Article 701 states, in part:
    "(2) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony."


    Could someone versed in law please give me input as to whether they believe Article 701 would come into play here?

    Additionally, would there be an easy method of getting this arraignment postponed on the basis that I was served less than 24 hours before the court date? I've called the Clerk, but they were utterly unhelpful.

    Thanks

  2. #2
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    Default Re: How Long Does the Prosecutor Have to Charge You With a Felony

    If it does "E. "Just cause" as used in this Article shall include any grounds beyond the control of the State or the Court.", comes into play. It could simply be the court docket was full. Appear and motion for a continuance to obtain council. Otherwise, plead not guilty and obtain council.

  3. #3
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    Default Re: How Long Does the Prosecutor Have to Charge You With a Felony

    Quote Quoting Entrepreneurial
    View Post
    I just received a subpoena...
    Do you mean a summons?

    If you mean a subpoena, what's the nature of the court hearing you've been subpoenaed to attend? You suggest later that it's an arraignment, but I would expect you to receive a summons (not a subpoena) for an arraignment.
    Quote Quoting Entrepreneurial
    ...but the main question I have is one regarding what kind of time-frame the DA has to arraign me on these charges.
    You can be charged with a crime up to the date the statute of limitations runs. In most felony cases, the prosecutor has four to six years (depending on the charge) to commence charges, La. CCRP Article 572, and the trial must occur within two years of the date of institution of the prosecution. La. CCRP Article 578.
    Quote Quoting Entrepreneurial
    LA CCRP Article 701 states, in part:
    "(2) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony."
    And it describes the relief you which you're entitled if that does not occur. "Failure to institute prosecution as provided in Subparagraph (2) shall result in the release of the bail obligation if, after contradictory hearing with the district attorney, just cause for the delay is not shown." If your bail obligation has not been released, and the district attorney has not shown good cause for the delay, you may bring a motion to have your bail obligation released.
    Quote Quoting Entrepreneurial
    Additionally, would there be an easy method of getting this arraignment postponed on the basis that I was served less than 24 hours before the court date?
    If you want an adjournment, you will need to get the request before the court prior to the hearing. That doesn't seem very realistic at this juncture. Is there a valid reason why you cannot attend the hearing as scheduled?

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