Legal Question in Criminal Law in Louisiana

Time Limitation For Arraignment

Could you please tell me if Louisiana has a certain time limit to arraign a person who is accused of a crime? If so, how long and are there any variables to this limit? Thank You.


Asked on 1/19/04, 9:58 am

1 Answer from Attorneys

Steve LeBlanc Steve LeBlanc, Ltd., (APLC)

Re: Time Limitation For Arraignment

There is no specific limitation on the time for arraignment, however there are specific limitations on institution of the prosecution or trial. Generally, after an offense has been committed the state has 6 years to institute a prosecution on a crime necessarily punishable at hard labor, 4 years on a crime punishable with or without hard labor, 2 years on a misdemenor punishable by a fine, imprisonment or both; 6 months on a misdemenor only punishable by a fine. However, there are no time limits on crimes punishable by death or life inprisonment. Also, in certain other cases, such as sex crimes against children, the time doesn't begin to run until the child turns a certain age. Once the prosecution has been instituted, either by indictment or Bill of Information, the state has 3 years to bring a capital case, i.e. death penalty case, to trial; 2 years on other felonies; and 1 year on misdemenors. However, these time limitations can be interrupted or extended under certain circumstances.

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Answered on 1/19/04, 11:14 am


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