Author Archives: Author

What is considered a false arrest?

arrested and in cuffs

What happens during an arrest?

When and arrest is made, the person being arrested likely has a lot of questions going through their mind. Especially if they don’t believe they did anything wrong, they may be wondering if it is a mistake, a  false arrest. If the police show up at your home or work and take you into custody, without any warning, can they arrest you like that? What should a person under arrest do first? 

There may be nothing more scary than being arrested, even if you’re aware of what you did, or didn’t do. There are the immediate implications that come to mind. Such as iIf the arrest happened at work, will you still have a job when this nightmare is over? If the arrest was at your home, what are the neighbors thinking?  So many questions and so many different scenarios are playing through your mind. 

An arrest happens when law enforcement takes a person in custody after breaking a law or committing a crime. Once that person is in police custody, there are procedures that take place when you’re arrested, and the law enforcement officers are required to follow those follow certain procedures. The procedures are in line with your constitutional and legal rights and you have lost your freedom to walk away from the situation once you are in custody.

Persons that are under arrest , have the following rights that the arresting officer must state and follow. The purpose of these rights is to protect the person’s 5th amendment rights. The rights read by the arresting officer are known as Miranda Rights: 

  1. You have the right to remain silent.
  2. Anything you say can and will be used in a court of law.
  3. You have the right to an attorney.
  4. If you cannot afford an attorney, one will be appointed.
  5. If you chose to answer questions without an attorney, you have the right to request an attorney at any point during questioning. 

Miranda rights are only required at the time of arrest and during interrogation. Basic traffic stops does not warrant the Miranda rights being read if no arrest is being made.

Is Resisting Arrest serious?

Each state has a different view on this matter, but in Louisiana, resisting an arrest is part of resisting an officer, which is considered to be a broader criminal charge. This charge means that the accused interfered while the arresting officer was attempting to do their job. 

The position of “officer” extends beyond a police officer. This also includes any officer that is working in an official capacity like a parole officer, marshal, warden, or  wildlife enforcement. The following acts would be considered resisting arrest or resisting an officer: 

  • The accused runs or attempts to run away after being advised by a police officer they were being placed under arrest
  • The accused physically resist the arrest
  • The accused threatens or injures the arresting officer
  • The accused injures the arresting officer
  • The accused refuses to give their name or any identifying information to the arresting officer
  • The accuse gives false information to the arresting officer
  • Any disregard to disperse from a  public location when instructed by a police officer
  • Entering an sealed off area that is marked by police barricade or tape

Is Resisting arrest a misdemeanor or felony?

Under Louisiana law, resisting arrest or resisting and officer can be either a felony or misdemeanor. Resisting arrest or resisting an officer goes from a misdemeanor to a felony if the accused uses force against the officer, even if the officer is not injured. 

What is the sentence for resisting arrest?

For a misdemeanor resisting arrest is subjected to a fine of $500 or more and a jail sentence of six months or longer.  A felony resisting arrest is subjected to a fine of $2,000 and up,  and/or prison sentence of one to three years.

police at scene of crime

Is being detained legal?

 Being detained is like an arrest without charges being stated by the arresting officer.  The term ‘detained’ is when a person is being held without arrest with their liberties deprived just before a formal arrest has been made. An example would be a person being detained for suspicion of shoplifting until the arresting officer has all the surrounding evidence gathered and then advises the person they are under arrest. 

In Louisiana, how much time passes from an arrest to arraignment time? The District Attorney has 30 days to schedule an arraignment after an arrest. This process takes filing the indictment, also known as the bill of information. In the situation of a serious crime, such as murder, the District Attorney may request and receive a longer period of time if needed. 

A person that believes they are victim to a false arrest should obtain an attorney and follow the recommended legal steps.  A false arrest or wrongful arrest occurs a person holds another person against their will or takes them into custody. A false arrest can be performed by either private persons or law enforcement agents that are acting beyond or outside of their authority. Call 985-446-9007 today for your bail needs.

Can a Felony Charge Be Reduced?

judge banging gavel

What are 3 examples of felony crimes?

Yes, but maybe. There is more to that answer than just a ‘yes’ and that is what we’ll discuss about a felony charge in this article. First, let’s discuss what is a felony charge in Louisiana.   

Basically, a felony is a crime that is viewed by society as being severe, like arson, burglary, murder, or rape. However, there is a wide range of ways a felony charge can be punished that is seen as the punishment matches the crime. 

 A felony charge is more severe than a misdemeanor. The result in a higher fine, a longer prison sentence, and the repercussions are bigger in the society. Three examples of a felony charge in the state of Louisiana, not in any specific order,  are:

  • Sexual assault or rape
  • Armed robbery, burglary, or theft over $500
  • Kidnapping

Other examples of felony crimes in Louisiana, and again, not in any specific order, are :

  • Murder or manslaughter
  • Aggravated assault or violent crime
  • Drug crimes 
  • Drug Trafficking
  • Treason
  • Arson
  • A 3rd DWI conviction

The reality of any arrest and criminal charge is serious. Regardless what the federal charge is stated to be and whether you believe you are innocent or not, seeking legal representation should be the first thing you do. 

What is the highest felony charge?

Most states assign a felony charge to different classes/ categories and the punishment is determined by that class or  category. In Louisiana, the penalty is set for each crime independently and is spelled out in the statute that covers that specific federal charge, if the crime is considered a felony under Louisiana state law.  Punishment can be state prison incarceration for any length of time decided by the judge. 

In Louisiana, the law defines a felony charge for any crime that could result in death or imprisonment in state prison, referred to as  “at hard labor”. First Degree Murder is the highest felony charge in Louisiana. Punished by a Capital Verdict of Death or life at hard labor. 

What is the lowest class felony?

Example of the lowest felony charge in Louisiana is a conspiracy charge punished up to 30 years of hard labor (prison time) life in prison, or death. 

What happens after a felony arrest?

When you have been arrested with a felony charge, it cannot be stressed enough the importance of hiring a criminal attorney. Waiting too long can be a big mistake, the sooner you do, the better chance you’ll have for the case to go in your favor. 

The attorney will confirm the felony charges you’re facing, review the case and get started on your defense. He or she will be with you at your first hearing where the Felony charges and bail will be announced. They will make a request for the charges to be reduced and the bail lowered, then post the bond for your release. 

The attorney’s job is to work through the entire process on your behalf, keeping you advised and informed along the way. They will attend court dates with you and discuss with you how to respond to questions so that your case is seen in the best light possible. 

What happens if charged with a felony?

If you’re the victim, when the convicted felon is caught and facing a felony charge, while it is still emotional and mental issues for you, the convicted felon isn’t over it yet either. They are removed from the world they know, away from society.  

It can be easy to  write off the convicted felon off, but if they aren’t sentenced to life, then they will be out among society again one day. It won’t be easy for them. The four issues that the convicted felon will face after prison: 

  • Employment: There is a lack of viable employment for x-felons, and that is the first big hurdle they must accomplish. Without employment, they can be returned to prison if so stated in the conditions issued by the judge. Employers are slow to hire an x-felon. 
  • Housing: For a x-felon, they have had a roof and three meals a day without having to arrange it or pay for it. Now, they are out in the world again, they need to establish a residence. Again, there will be conditions established by the judge that must be met by the x-felon.  Landlords are slow to rent to an x-felon. 
  • Education: Thirty percent of 1,300 inmates have not graduated high school. Being an x-felon in an economic environment is one hurdle, without a proper education, it can further complicate things even more. 
  • Voting Rights: A huge disadvantage that may not be realized at first by a person convicted of a felony charge will lose their right to vote among other rights, like gun ownership. This may seem minor, but in time, it will come to be a regret. 
person arrested and being charged

Are felonies and misdemeanors different?

Crimes are classified as a felony or misdemeanor based on the offense. A misdemeanor isn’t as serious as a felony. The penalties for a misdemeanor aren’t as severe as felonies, usually less than one year in jail with a fine, community service, and possible probation and rehabilitation. Felonies are typical to have one year in prison as a minimum. With a misdemeanor, the aftermath when released won’t have a big of a stigma as an ex-felon faces. Call 985-446-9007 today for bail services in Lafourche Parish, LA.

Is a Felony or a Misdemeanor Worse?

misdemeanor ticket

Is a misdemeanor better than a felony?

In the United States, the majority of criminal systems for states have different categories for crimes committed, based on the seriousness. There are three major categories, infractions, felony, and misdemeanors, each having different classes or levels. For this piece, we’re going to discuss the differences between felonies vs misdemeanors, and answer questions like which is more serious, felony and misdemeanor charges, and more.

Any arrest is severe, some more than others. Still, between felony and misdemeanors, a felony is the most severe crime and is punished with fines, lengthy incarceration sentencing, and possible loss of freedoms. A misdemeanor will usually be sentenced to smaller fines, shorter incarceration, and temporary loss of freedom and privileges.

How is a felony different from a misdemeanor?

A misdemeanor is a crime that is sorted into classes. The following is maximum imprisonment and punishment for the offense.

  • Class A misdemeanor – six to twelve months
  • Class B misdemeanor – thirty days to six months
  • Class C misdemeanor – five days to thirty days

The jail time is usually in the local county jail, and there is some flexibility with the prosecutors as to the level of punishment to sentenced.

A felony is different throughout the United States and is a crime defined by the federal government to be sentenced to no less than twelve months. Some states are lighter with their definition, while other states do not define what classifies as a felony.

Any sentence of twelve months or more of prison time is regarded as a felony. There are different classifications of felonies with the following sentencing guidelines of prison time:

  • Class A felony – life in prison or the death penalty;
  • Class B felony – minimum twenty-five years;
  • Class C felony – ten to twenty-five years;
  • Class D felony – five to ten years;
  • Class E felony – one to five years.

A defendant’s rights are protected with careful and strict observation of the criminal procedure due to the severity of felony sentencing, so they are protected. Felony crimes include arson, burglary, kidnapping, murder, or rape. There is a range in how felonies so that the punishment matches the crime.

What is the lowest misdemeanor?

In the states that use classifications for misdemeanors, the lowest level is Class C. This is for charges where the defendant has little to no criminal history. This misdemeanor level is eligible for the defendant’s attorney to petition they be given deferred adjudication orprobation, which is typically no less than six months and no more than two years.

How many misdemeanors is a felony?

From state to state, this can vary, but there isn’t a set number of misdemeanors that make a felony. It would take a string of misdemeanors of certain classifications that would change a misdemeanor charge into a felony. These charges are designed for the habitual criminal or the serial offender, and would work in one of the following two ways:

  • Three convictions or more, would make the defendant considered a habitual criminal. They would be sentenced to life in prison with possible parole.
  • Three to five convictions for theft or moral turpitude would make the defendant considered as a habitual criminal and sentenced to a minimum of twenty years, up to life in prison.

Keep in mind these numbers are basics. For example, each state would have its prerequisites.

Can a felony be dropped to a misdemeanor?

In the state of Louisiana, a defendant’s attorney may see to have felony charges reduced to a misdemeanor. If the judge grants the reduced charges, the defendant can legally state they have never had a felony conviction. With charges reduced to a misdemeanor, and the defendant completes any probation the judge set, their attorney can file a request to have the misdemeanor expunged from their records.

arrested man hearing if charge is misdemeanor or felony

What happens if a felon gets a misdemeanor?

As stated, a felony is a more serious crime and is punished more severely. An ex-felony that is charged with a misdemeanor could end up back in prison. Factors that are considered by a judge would be the original felony crime, the current misdemeanor charge, and the defendant’s criminal history.

There are different types of felonies, with seven common types. What are the seven felonies? The following are basic outlines of a felony, each state having its measurement of degree.

  • ASSAULT: Depending on the situation, this can be tried as a felony or misdemeanor. If there were a dangerous weapon used during the assault, it would be tried as a Class B felony. A simple assault, like punching with the intent to cause harm, would be tried as a Class A misdemeanor.
  • RAPE/SEXUAL ASSAULT: The level of the crime and consequences vary on different things such as the type of misconduct, the victim’s age, or if the defendant was an authoritative figure. There are severe consequences for rape, sexual abuse, sodomy, unlawful sexual penetration, and other acts.
  • KIDNAPPING: A first-degree charge is considered a Class A felony, a second-degree charge is a Class B felony. Kidnapping is defined as when a person(s) take another person or group of people against their will to a location undisclosed for ransom, or another crime is engaged. Custodial interference is considered kidnapping when a person is removed from their place of lawful custody, or they are being held, hostage.
  • THEFT: In some states, theft is a Class C felony when the property was stolen valued at $1,000 or more, or if the property was taken during a riot is a firearm, explosive, livestock, or a substance that is used for manufacturing synthetic drugs.
  • PROSTITUTION: In some states, this is considered a Class C felony, and the punishment can vary based on the defendant owns, controls, or manages a place of prostitution.
  • ARSON: This charge is a Class A or Class C felony when committed with the intention of burning a structure, forest, or land and results in bodily injury.
  • DRUG CRIMES: Each state has its level of what makes a drug crime. It could be a possession of a small number of drugs for the first-time offender. Or delivery of or manufacturing of controlled substances.

Get the bail bonds service you need today in Lafourche Parish, LA. Reach the experts of A-1 Bail Bonds of Louisiana at 985-446-9007.

What is Typical Day in Court?

judge's gavel

What happens at the courthouse?

Most of us try to avoid going to the courthouse. Then there are those whose job is in the courthouse. Somebody has to work there, right? There are times when it is necessary to make a trip to the local courthouse.  Chances are, you don’t know anyone that hasn’t had to visit one for some reason. 

What is a courthouse anyway? In North America, the word courthouse refers to a building where the local law and regional county government operate from and function with the public. When we hear the word courthouse, the first thought that comes to mind is legal problems. Legal problems like arrests, divorces and child custody, lawsuits, and matters similar, but aren’t the only Courthouse procedures that take place inside a courthouse. 

What comes to mind for most Americans when they hear the world courthouse is where trials take place.  A trial is where evidence form two or more parties is presented by those parties or their lawyer, to the court of law. Trials are held in a specific courtroom and could be a civil matter, like a divorce or lawsuit, or it may be a criminal case, such as a drug charge, speeding ticket, or more serious crimes. 

During a trial, several people are present and have some level of participation in the proceeding. 

  • The Judge: This person will sit “on the bench” and presides over a trial and has a fair and unbiased opinion of the proceedings or either party involved. 
  • Lawyers: All parties involved in the proceedings have the right to a lawyer. A lawyer presents and protects the client’s side of the case being presented before the courts. 
  • Court Reporter: This person will be present during the trials and take notes of all conversations and actions during the proceedings.  
  • Defendants or Parties: If this trial is criminal, they are present with their lawyer. If this is a civil trial, both parties are present with their lawyers. 
  • Court Deputy: This is a member of the local law enforcement and is there to assist the judge if needed in restraining any person that is out of line.
  • Witnesses: This is a person or person that may be called to testify with the facts they have about a case. 
  • Jury: For a criminal trial and some lawsuits, a jury of 12 is present who will hear all testimony and then be required to come to a joint conclusion of guilty, not guilty, or if one party owes another party. 

Who is in charge of a courthouse?

For this article, we will approach the subject with the view from a criminal court. The judge will preside over the courtroom, which puts them in charge of the courthouse. If the trial being held has a jury, which all criminal trials do, the judge will use point of the law to rule by and remind the jury of the laws that pertain to the case on hand and provide them instructions to review the evidence that has been presented to them to make their decision guilty or not guilty, and if guilty, to what extent. i.e., Murder in the first degree.’ 

What happens on your first court date?

If you’ve been charged with a crime, the first hearing that you’ll attend is called an arraignment and will take place in the courthouse. Whether you are guilty not, it is a scary experience, especially the first time.  How long does a court arraignment take? Typically, approximately 10 minutes, some can take less time or more time, especially if the accused has been arrested before.

In the courthouse, at this first court date, the judge states the charges that you’re facing and ask if you have any questions.  These charges may be the same or could have been changed from what your initial arrest was for if the prosecutor and arresting officer did not agree with the crime, you’re being accused of committing.

The judge will ask how you do plea. If your plea is “not guilty” to the charges, a court date is set for a trial. Alternatively, you can plea “guilty” or “no contest” and the is resolved then.  If your plea is “not guilty,” the judge will ask if you have an attorney or if not and you can’t afford one, a public defender will be assigned to your case. 

Man in court with his lawyer

How to handle a courthouse day

When your court date arrives, certain protocols will take place. Each person involved in your trial will have certain things that are expected of them, including you.  When you know what to do at a courthouse, it can ease the anticipation. To that end, we offer the following courthouse day tips that can make your visit to the courthouse a little easier to understand: 

  1. Prepare for how you may act while nervous.
  2. Know what to expect and read about courtrooms and the process of trials. The more you know, the less scary it will be.  
  3. Have any paperwork your expected to have on hand and ready if you haven’t already turned it over to your attorney. Share anything you have with your attorney. They can better represent you when they have everything you have. 
  4. Arrive at the courthouse early. Dress appropriately, most courthouses have a website with acceptable attire, and your attorney should review this with you. Turn your cell phone off, and some courthouses may hold the right to confiscate all cell phones. Do not bring a weapon with you. Many courthouses have metal detectors and alarms as you enter the courthouse doors.
  5. Be respectful to the court at all times. The court includes the judge, jury, witnesses, prosecutor, and all parties in the courtroom.

Need help with bail in Lafourche Parish, LA? Call A-1 Bail Bonds of Louisiana at 985-446-9007 today.

What is Worse a DUI or DWI?


What is Worse a DUI or DWI?

Are you wondering which is worse – a DUI or a DWI? To be sure, when it comes to DWI bail, things can become very crucial, very quickly. DWI stands for Driving While Intoxicated. DUI stands for Driving Under the Influence. A DUI refers to the offense of having both drugs and alcohol in the driver’s system. In terms of severity, a DWI is far more serious. This is because a DWI requires a test to prove that the driver was intoxicated. This test can be used in court.

What Does DWI 1st Mean?

Are you wondering what can happen when you get your first DWI? Please review the following list to become more aware of the circumstances that can occur in the wake of your first DWI.

  • An OWI, which is also known as a DWI, is a first offense in Louisiana. This occurs if the driver has no earlier OWI convictions. This is only true, however, if there are no other earlier driving-related convictions. For instance, vehicular homicide can act as a prior offense.
  • A first offense OWI is typically a misdemeanor. 
  • Upon conviction, a person can be punished with ten days to six months in jail. House arrest can be possible in lieu of jail time. 
  • A convicted defendant will also be required to pay between three-hundred to one-thousand dollars in fines.

What is the Difference Between OWI and DWI?

As mentioned previously, a DWI stands for Driving While Intoxicated. OUI stands for Operating Under the Influence While Impaired. OVI means Operating a Vehicle While Intoxicated. The acronym OWI stands for Operating While Intoxicated. These various different terms and acronyms can be exchanged based upon the laws of the land.

What Happens When You Get Your First DWI?

Typically, when a defendant is charged with their first DUI, then it will be considered a misdemeanor offense. In such a case, an individual will be punished with fines, community service, license suspension, and possibly probation. If a person has a very sordid previous criminal history, then the circumstances will change. For instance, a person with no criminal history will have fewer consequences than a person with a serious criminal history.

Can DWI Be Dismissed?

It is possible for DUI charges to be dismissed prior to the actual trial. In some scenarios, the prosecution could dismiss the case on their own because there are known problems with the case. The case should be very solid prior to the trial date. Usually, DUI cases are dismissed because criminal defense attorneys can be very persuasive with their criminal defense lawyer arguments and motions. In circumstances where the case is very serious, and the facts are indisputable, it will be very difficult to have the case dismissed.

DUI Bail Cost

For a first offense DUI in Louisiana, a DUI is considered a misdemeanor. That means that the defendant will be prescribed a fine between three hundred and one-thousand dollars. They can also spend anywhere between ten days and six months in jail. 

DUI Bail

If an individual has been arrested for a DUI multiple times, then the judge will understandably levy a harsher penalty. That means more jail time, increased fines, and more censure. Drinking and driving is extremely dangerous, which is why it is important for individuals to learn from their mistakes. DUI bail is a way for individuals to make sure that they arrive at their court dates on time. Defendants have the opportunity to either post the bail in full, or utilize an appropriate bail bondsman.

DUI Released Without Bail

There are instances where a person who has been arrested for a DUI can be released without bail. If a DUI defendant has been arrested and booked into police custody, they can be granted an “own recognizance” release. In this kind of scenario, the suspect is released after promising, in writing, to appear in court for all court proceedings that are coming up. A “no recognizance” release is very rare in the court system. It is important to remember that on a “no recognizance” bail a judge can place conditions on a defendant that is released on their own recognizance. They will probably need to check in routinely with a probation officer.


DUI Bail Amount

Depending on where you are arrested in the United States, the bail amount will differ. The prevailing politics of the state may also have a hand in how severe or how lenient the sentence is. In order to find out the usual bail amount in your state, please be sure to consult the laws regarding DUIs and DWIs.

If you have a DWI in Lafourche Parish, LA, our team are available to help. Please give us a call at 985-446-9007.

What Happens With Your First DWI?


What is Worse a DWI or DUI?

When it comes to driving while intoxicated or DWI should be considered egregious and serious. Depending on the conditions, fines can range from the hundreds to the thousands with jail time ranging from days to months. The severity of the punishment can increase depending on the blood alcohol level and will have your license suspended for months as well. As opposed to driving under the influence (DUI), a DWI is considered a more serious offense. The difference between the two is depending on the level of alcohol in the system, below being a .08 is considered a DUI with the higher percentages being a DWI. In the state of Louisiana regarding a DWI, the classification can be a misdemeanor depending on the circumstances and if it’s a first offense. Anything more or after that can be harsher and may need the assistance of DWI bail, which is easily capable of assisting in the process. 

Upon further transgression that results in a repeat offense, the person will most likely receive harsher penalties that will include jail time, a heavier fine, and your license being suspended if not revoked. When dealing with such penalties, A-1 Bail Bonds of Louisiana in Lafourche Parish, LA you can get the DWI bail you need during the process. Call 985-446-9007 today to start the process and schedule your appointment.

What Happens When you get a DWI?

As mentioned, the punishment for getting a DWI depends on the severity of the situation, but it should be assumed the punishment will not be minor. To note, when DWI is mentioned it could mean driving under the influence or driving while impaired. To be clear, this refers to a DWI as driving under the influence because on occasion the latter definition can mean something different depending on the legal authority giving out the punishment. When it actually comes to what to expect in the process, you could most likely see:

  • Prior to the judgment, you will take a breathalyzer test
  • The officer will serve you a summons 
  • You may be taken off the road, away from your car, and be taken to a cell at the nearest police station
  • Your personal information will be taken along with a mugshot and fingerprints

After the immediate process, you will be served out your punishment. It could include a class that is required to be completed, an extended period of probation, license suspension which may include having to earn it back, and more if the judge or officer believes it necessary. Through this process, DWI bond providers like those at A-1 Bail Bonds of Louisiana can assist in the process by offering our bond services and some advisement in the process. Contact us when you are in need of bonds assistance in Lafourche Parish, LA.

Does a DWI Stay on Your Record?

When it comes to a DWI in most states, including Louisiana, there is not a possibility to rid it from your driving record. The offense will appear on any background checks for the next ten years and after will not appear if the offender does not commit another in that ten year period. Unfortunately, on driving records it is far more difficult to get offenses expunged nor sealed so it can come up after a ten year period if searched for specifically. When the DWI is considered a misdemeanor, you can more easily file for an appeal or petition to have it removed. In the case where a DWI is not a misdemeanor, the process of an appeal or petition of removal is far more difficult and can often be fruitless. A person should have more luck with the assistance of a DWI bond to get clear of the process and have a clean record for the next decade.


What is a DWI Level 5?

A DWI case tends to take between twenty to forty days for proceedings and judgment if not longer depending on the circumstances. In terms of how severe a case can be considered, the court and law system has levels ranging between level five being relatively minor to level one being the harshest to be considered. In the state of Louisiana, this system is switched from one being lesser to four being harsher and five not being in the system. The levels thereby can include:

  1. Level one: Up to two years of probation, $1,000 max fine, community service and court-approved re-education, some jail time or house arrest
  2. Level two: Higher minimum of jail time and probation, fines up to $1,000, more community service and court-approved re-education
  3. Level three: Felony charge, minimum of one year in prison to five with hard labor possible, $2,000 fine, home incarceration a possible addition with also possible vehicle and license forfeiture. Substance abuse treatment and evaluation.  
  4. Level four: Felony charges, an extended period of community service, and years of probation. Substance abuse treatment and evaluation. A decade in prison with thirty years being possible. Forfeiture of vehicle and driver’s license. 

As seen, the more severe the crime, the punishment tends to match it in Louisiana. When you need bail bonds for any of the four levels, why not trust A-1 Bail Bonds of Louisiana in Lafourche Parish, LA. Call 985-446-9007 to get the process started and get your DWI bail today.

Is a drug charge a felony?

drug exchange

The Law & Drug Charges

The courts consider several factors before a drug charge felony charge is established. Drug charges have varying classifications and schedules, which we will explain in this piece as commonly asked questions are answered.

After an arrest, drug charge bail is determined by the drug charge classification, which will state if the charge is a misdemeanor or a felony. We will start this article by answering one of the most popular questions: “What happens when you get a drug charge?”

Laws pertaining to drug charges can vary from state to state, so we will answer this question based on drug charges and drug laws in the state of Louisiana, one of the toughest states on drug possession.

Complicating the laws and drug charges in every state has gotten more complicated with the legalization of medical marijuana. Again, each state sets its own boundaries and laws, and in Louisiana, possession of medicinal marijuana must be obtained from proper sources. So, any illegally owned possession of any kind of marijuana will face the penalties as set by previous laws.

In Louisiana, even the smallest amount of illegal marijuana drug charges is punishable by two weeks incarceration and a fine up to $300 maximum. The courts can punish larger amounts of possession with up to 40 years of prison time. If you’re caught possessing larger amounts of drugs, penalties can go up to 40 years in prison! Louisiana also has “three strikes and you’re out” policy that a 3rd misdemeanor drug charge is a felony.

Can you get charged for buying drugs?

Buying drugs would you in the possession of simple possession, and the penalties, as we mentioned earlier for any type of drug charges, will vary from state to state. From there, it is the amount and drug type that will determine the penalty, as well if the accused has any prior offenses.

In the state of Pennsylvania, the penalties if found guilty of drug charges for possession could include any of the following:

  • Up to 3 years’ jail time.
  • Up to $25,000 fine.
  • Possible suspension of driver’s license.
  • Drug addiction treatment mandatory.

For example, if you were facing simple possession drug charges for a small amount of marijuana, you could be sentenced to thirty days of jail time and fined up to $500.  They give harsher penalties for possession of methamphetamine. Typically, drug charges for possession are less severe than those for drug possession charges or drug trafficking in every state.

How much time do you get for a drug charge?

There are many factors that will determine this, with the first being the drug, the amount, and the state. For example, in Texas, drug charges for possession or trafficking are severe. It is to the benefit of the person arrested to get an attorney who is experienced defending clients facing drug charges.

While marijuana legalization may have extensive public support in all states, but in Texas, they still consider it an illegal substance in most situations. If a person is charged with as intentionally or knowingly having “actual care, custody, control or management” of marijuana, it is considered to possession of marijuana and the amount of the substance will determine the punishment. Some examples of punishment for marijuana drug charges in Texas are:

Under two ounces of marijuana possession is a Class B misdemeanor with punishment up to 180 days’ confinement in county jail and/or up to a $2,000 fine, and two years’ probation. For marijuana possession, they can punish drug charges of two to four ounces with one-year jail time and a fine of $4,000.

In Texas, drug charges for possessing marijuana of over four ounces are a felony. They can punish drug charges for over 5 pounds possession with jail time of 180 days to two years and fined $10,000. They can punish marijuana drug charges for up to 50 pounds with two to ten years’ jail time and a fine of $10,000.

Penalties for drug charges for possession of other drugs such as cocaine or meth face are much stiffer in Texas as they are in most states.

How long can a drug case stay open?

Some say the wheels of justice move slowly, and nothing could be truer than the legal process for drug charges. There are several steps involved for a legal team to prove their client is innocent and or the state to argue their guilt.

Regarding felony drug charges, there are a lot of questions about the whole process and possible results. The most common concern and the question are how long before that drug charge will show up on a background check.

Usually, there is a three-year statute of limitations for a felony drug case. If the drug charges are a misdemeanor, the typical time is one year. The limitation time begins the date the accused committed the drug charges crime.  

arrested after a drug charge

How do you fight a drug charge? 

Felony drug charges have long-lasting consequences, and the conviction of such charges can be devastating. Fortunately, there are ways that an attorney with drug charge experience can fight the drug charges, sometimes even have the drug charge expunged. 

In some jurisdictions, there may be a diversion program that permits anyone with drug charges for small amounts to pay court cost, fines, and perhaps have rehabilitation. Once those requirements are met, the drug charges are dropped.

If the accused and their attorney believe there are merits that are worth fighting the drug charges, then they must challenge the evidence presented against them in court. This can be done by proving the office did not have probable cause, or the discovery of the drugs was not made with a valid search warrant.  

Lack of constructive possession being established would be another reason they drop drug charges. Another avenue an experienced drug defense attorney will use is the proof the substance found wasn’t an actual illegal drug.

Of all the laws and possible punishment that we’ve described and mentioned can vary from state to state.  It is in the best interest of the person facing drug charges to hire an attorney that is experienced in drug charges. Several factors can determine situations, and the attorney is the best avenue for advice. Call 985-446-9007 today for drug charge bail for you or your loved ones in Lafourche Parish, LA.

Should You reject a Breathalyzer Test?

driving under the influence in need of DUI bail bonds

Dealing With a DUI and More

Many people are of the belief that it’s a good idea to refuse a breathalyzer test. If they are knowingly sober, they think that refusing will prove their innocence, which is not always the case. Refusing to accept a breathalyzer test does not inherently prove your innocence nor does it inherently prove your guilt. The best way to deal with these situations is to accept the test then invest in DUI bail bonds for Lafourche Parish, LA arrests, if needed. For help with that, rely on A-1 Bail Bonds of Louisiana. Give us a call at 985-446-9007 to get started. 

DUI bail bonds after breathalyzer test

What is a Breathalyzer Test?

A breathalyzer test is a blood alcohol content from a breath sample. If you are pulled over for the suspicion of driving under intoxication, you may be asked to perform this test. The way it works is, you will breathe into a tube in which there is a multitude of sensors. Those sensors attempt to detect the level of alcohol in your system at that time. While it is an effective way of doing this, it is by no means the most effective way. That would be a blood test, but police officers rarely have the ability to complete that while in the field. Because of that, breathalyzer tests are more often used. What many want to know is should they accept a breathalyzer test or a DUI charge? The most basic answer is to accept the test. Doing so is not an admission of guilt, especially if you know you are sober. The reason for this is because failure to cooperate with a police officer can lead to more trouble than you think. If you are arrested even after passing a breathalyzer test, there is bail bonds for DUI arrests that can help. 

Why You Should Accept a Breathalyzer Test

The general thought is that drivers should not accept a breathalyzer test because it’s an admission of guilt. The problem is, that is not necessarily true. Regardless if you are completely sober or not, DUI bail bonds and breathalyzer tests are serious situations to be in. These are moments that require a certain level of brevity that will hopefully, ultimately help you in the long run. Even if you are sober, we highly recommend accepting a breathalyzer test during a field or police station visit. From there, you can pay your DUI bail bonds and fight the charge in court, rather than lose your license. 

  • Implied Consent: In every state, including Louisiana, there is something known as implied consent. This refers to the fact that as a legal, license carrying individual, you have agreed to cooperate or consent to law enforcement procedures. Meaning, if you are asked to comply with a breathalyzer test, there is the expectation that you will agree. 
  • No Refusal Zones: Sometimes, there are no refusal zones or policies. This often happens during holidays or around major sports events. What this means for drivers is, they cannot refuse to take a sobriety test of any kind. Refusal during these times or in these places can result in an automatic arrest and charge. 
  • License Suspension: Even if you aren’t in a no-refusal zone, refusing to take a sobriety test of any kind can result in immediate license suspension. That decision will be based on a number of factors such as number of arrests, convictions, and more. 
  • Fines and Penalties: And of course, refusing to take the test can mean higher fines and penalties on your end. DUI arrests happen because of observed behavior before and during an arrest. So if you pose a threat to public safety, even without a license, you may be subject to hire fees or bail amounts.

Frequently Asked Questions

  • Can you get a DUI without a Breathalyzer or blood test?
    • Yes, it is possible to receive a DUI without any toxicology report or breathing test completed. If you are exhibiting reckless behavior or mannerisms that indicate intoxication of any form, that could also make you a threat to public safety, you can be arrested and charged with a DUI. 
  • Is it better to take or refuse a breathalyzer?
    • While it sounds counterintuitive, it is often considered better to accept a breathalyzer test rather than refuse. Even if you are completely sober, refusal to cooperate with authorities could result in serious consequences like suspension of license and more. 
  • What happens if you pass a breathalyzer?
    • Passing this test does not guarantee acquittal. As mentioned, if you are exhibiting behavior that suggests reckless endangerment of yourself or others, you can still be arrested under the charge of a DUI. 
  • How accurate is a breathalyzer?
    • Breathalyzer devices do have a margin of error that can be challenged in courts. That in mind, most breathalyzer tests administered at police stations are often accepted, regardless of that margin of error. No matter what, the most accurate way of test the blood alcohol content is with the blood. 
  • Can you be convicted of DUI without breathalyzer?
    • Unfortunately, yes, you can be charged and convicted without either test being done. There are a number of circumstances that can affect a judges final ruling. While these tests are often accepted, they aren’t needed if this is a repeated offense or if you are driving without a license that has been suspended because of a previous intoxication arrest.
DUI bail bonds

Connect With Us Now for Even More Assistance

Dial 985-446-9007 for A-1 Bail Bonds of Louisiana or when you need help with anything like DUI bail bonds in Lafourche Parish, LA. We are here to help you. 

Can You Get Bail on a Felony Charge?

A Woman Gets Arrested.

Can you get bail on a felony charge?

For the most part, if you’ve been arrested and jailed on felony charges, a judge will determine a felony bail amount that will allow you to get out of jail. Bail will be granted about 95% of the time for most offenses. Whether you get a bail amount set ultimately rests on the judge’s decision. 

When you’ve been arrested on felony charges, you’ll have a bond hearing where the judge will determine your bail. What the judge is deciding when setting bail is whether you’ll return to court after your release for your appointed court date. The decision will rest on several factors including your prior criminal record, as well as the severity of the offense. If you’ve failed to show for court before, have an extensive criminal record with convictions, or the offense is serious bail may not be set.

When you need help with felony bail in Lafourche Parish, LA, the professionals at A-1 Bail Bonds of Louisiana are the team to trust. We offer a full range of bail services. Give our team a call at 985-446-9007.

How much is bail for a felony?

Bail amounts for felonies will vary. While it’s unusual for felonies, the judge may release you on a recognizance bond. This means no bail amount is set because you might be a first offender or have a good reputation and the judge believes you’re trustworthy enough to return to court on your own. But often the judge will set a bail amount based on the severity of the crime, your background and record and other factors. The bail amount could range from a few hundred dollars to millions of dollars. In some cases, various charges will have a set schedule so the bail amount is fixed for that offense. In Louisiana, you’ll also be charged a bail bond fee of either 2% or $15, whichever is greater.This amount is kept by the court. In some cases you’ll also pay a $25 administrative fee. If you get help from a bail bonds service, you’ll also pay a fee, usually about 10% of the bond amount.  

How is bail amount determined? 

In most cases felony bail amounts are determined by the judge at your bond hearing. There are several factors that will influence the amount. Most commonly those factors include:

  • Amount of evidence against the defendant. If there’s a large amount of evidence and the defendant is likely to be found guilty of the offense, the bail may be higher to discourage the person from running.
  • The criminal history will affect the amount. A high amount might be set to protect the community and lower the risk of a repeat offense.
  • If the defendant is perceived to be a risk to the community, a higher amount of bail may be set.
  • A high bail amount often will be set if the person is perceived to be a flight risk.
  • The severity of the offense will also influence the amount. A minor offense will often receive lower amount, while a crime like murder will receive a high amount. 

What is a high bail amount?

Depending on the offense, bail amounts will vary. Felony bail amounts will tend to be five to 10 times higher than misdemeanor charges, especially if there is a potential for flight risk. The seriousness of the crime and past criminal history will influence the amount. Bail may not be set for a murder while a charge of accessory to murder the amount could be set as high as $250,000 or more. A robbery charge could go as high as $100,000 or more, especially if a previous felony was involved. If you’re caught carrying a concealed weapon without a license, your bail amount could be as much as $20,000. 

Does a felony mean jail time?

When initially arrested on felony charges, you’ll spend time in jail. How long you are in jail initially will depend on when your bond hearing is held and when you pay felony bail. This could be a few hours or two or three days. If you are unable to pay bail, you will have to stay in jail until your initial court date. This could be several months.

All felony charges have jail time as part of their punishments, along with fines. Once convicted you may be sentenced to at least one year in jail depending on the charges. Many felony charges like murder can result in significant sentences including life imprisonment or even death. These sentences are usually served in state or federal prisons. Of course, probation is often sentenced in lieu of jail time, depending on the offense. 

What is felony bail jumping

When you fail to appear at your appointed court date after posting bail, this is commonly known as bail jumping. It is considered a separate charge in Louisiana, and if you are charged with a felony, it becomes a felony charge on top of your original offense. A bench warrant will be issued for your arrest on a felony bail violation, and you can be picked up or detained in any state and can be held in another state’s jail until picked up by officials in Louisiana. If six months pass before you appear in court your bond could be revoked. Bail jumping will also severely hurt your case.

When dealing with immigration violations, you will be subject to different laws and situations. Immigration bail bonds are handled much differently than other offenses.

Can a felon bail someone out of jail

It is possible to bail someone out of jail even if you are a convicted felon. If you are currently still on probation, however, you may want to consult with your probation officer to make sure you’re not violating any terms of your probation, especially if you are not allowed to associate with known criminals or someone involved in a criminal act.

A Man Sitting in Jail.

Call Today

If you need to get someone released on felony bail in Lafourche Parish, LA, get in touch with the professionals at A-1 Bail Bonds of Louisiana. Our team offers a full range of bail bond services. You can call us anytime 24/7 at 985-446-9007.

What is the Bail Process?

A Man in Handcuffs.

How the Bail Process Works

Whenever you are arrested in Louisiana, whether for a felony or misdemeanor, for most offenses you’ll be given an opportunity to post bail to get out of jail. While it may sound complicated, the bail process in Lafourche Parish, LA is actually fairly simple.

When you are arrested, you’ll first be booked into jail. All of your information will be taken down and then you will be jailed. Depending on the circumstances, you may be in jail anywhere from a matter of hours to a few days. Much of this will depend on when the bail hearing is held and when judges are available to hold the hearing.

Often with misdemeanor charges, the bail is set by a bail schedule, so it may be only a few hours after your arrest that you can be released. No matter what the charges are, you’ll have some kind of hearing before the court to set the amount of bail for your release.

Once bail is set, you can get help paying it by giving the team at A-1 Bail Bonds of Louisiana a call. We can be reached 24/7 at 985-446-9007

What is the Purpose of Bail?

Bail is an amount of money set by the court allowing a person to be released from jail after their arrest. With misdemeanor charges, such as a first-time DUI in Louisiana, the bail is usually set by a schedule, whereas felony offenses will depend on the type of offense and your background and criminal history. As part of the bail process, you’ll have a bail hearing to determine the amount of bail for your release. Your release is based on a promise to the court that you’ll return to court for all scheduled hearings.

In some cases, depending on the charge, and on your background, the judge may elect to offer you recognizance bail. This means no money is charged for bail. Instead, you’re released on your own recognizance, based on your promise to appear in court as scheduled. The bail amount or recognizance bail may be affected by your criminal record, your status in the community, whether you have a job or not, and whether or not the court perceives you as a flight risk. 

How Do You Post Bail?

As part of the bail process, you’ll have to post bail in order to be released. If you have the money available, you can post the full amount in cash to be released. Most people don’t have the full amount of bail readily available to pay, so they must consult a bail bond agent like those at A-1 Bail Bonds of Louisiana. If you are unable to pay bail, you will have to remain in jail until your court date, which could be several months down the line.

Normally, a defendant’s family member or friend will have to contact the bail bond agent to post bail. In most cases, the bond agent charges a fee, usually about 10% to 15% of the bail amount, to secure the defendant’s release. Once the fee is paid, the bond agent gets the defendant released as quickly as possible.

For example, if you are arrested on a weapons violation and bail is set at $10,000, and the fee is 10% of the bail, to bond out, you’ll have to pay the bonding agent $1,000.

What are the Different Types of Jail Bail Bonds?

There are six main types of bonds, as outlined below.

  • Citation release: in some cases, depending on the charges, you may not have to spend any time in jail, but will still have to show up for court. In this case, police will show up at your residence with a citation release showing the time and date you have to appear in court. These are usually issued for very minor offenses.
  • Surety bond: These are the types of bonds normally issued by a bond agent.
  • Recognizance: Bail fees are waived by the court based on the defendant’s promise to appear in court. 
  • Property bond: The defendant provides titles or other documents showing ownership of property as collateral to the bail bond company.
  • Immigration bond: For illegal immigrants, there are two types of bail bonds, delivery bonds or voluntary departure bonds. A delivery bond is a promise to immigration authorities that the illegal immigrant shows up to all court hearings. With departure bonds, the immigrant voluntarily leaves the country by a set date. 
  • Cash bond: The full amount of bail is paid to the court.

Do You Get Bail Money Back?

As part of the bail process, if you’ve paid the full amount of the bail in cash, the bail money will be returned once the case is settled, as long as the defendant shows up for court. If you used a bail bond agent to bond out of jail, the bail bondsman gets the full amount, as long as the defendant shows up for the court date. Bond agents can charge additional fees if the defendant fails to show up in court.

Hands Behind Bars.

Call Us Today

While the bail process in Lafourche Parish, LA can seem lengthy and stressful, at A-1 Bail Bonds of Louisiana, our professionals try to make it as stress-free as possible. We explain the process carefully so you can make informed decisions. We also offer several payment and credit options. Our services are available around the clock, so call anytime at 985-446-9007.