Legal Question in Criminal Law in Louisiana

time limit for an arraignment

My finance' has been in jail for 49 days. He was supposed to go today (1/3/06) for his arraignment. The clerk ''forgot'' to put him on the docket. Now it's set for 1/17/06. He was arrested 11/15/05. Shouldn't he be arraigned by now? Can he get out without bail because of the length of time he's been waiting?


Asked on 1/03/06, 10:50 pm

1 Answer from Attorneys
Steve LeBlanc Steve LeBlanc, Ltd., (APLC)

Re: time limit for an arraignment

You really need to consult his attorney on this; but, based on the facts your presented, no he can't get out now as the state is well within its time limits on this prosecution. Had he not been billed with a felony offense after being in custody for 60 days, he could have filed a motion under C.Cr.P. Art. 701 to be relieved of his bond obligation and been released. However, since he's been billed, the state has a number of years, depending on the charge, to bring him to trial. Yours, Steve

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Answered on 1/04/06, 9:32 am


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