Legal Question in Criminal Law in Louisiana

timeline to arraign and go to court

my spouse was arrested on 3 counts of assault with a firearm and 1 count of felon in possession of a firearm in November 2004. He has not been arraigned - was only jailed and bonded out. Can he still be formally charged or should the charges be dropped - was a family situation. DA office has not received anything on the charges. I don't think he can be charged with felon in possession of a firearm because the felony was drug possession, not a violent crime. He is currently in jail or bond revocation - failed drug test. Main question - can he still be taken to court on charges 2 years old?


Asked on 1/16/06, 12:27 pm

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: timeline to arraign and go to court

Because the penalty is necessarily at hard labor the government has six (6) years to charge him. All drug felonies qualify to prohibit him from possessing a firearm.

Read more
Answered on 1/16/06, 1:45 pm


Related Questions & Answers

More Criminal Law questions and answers in Louisiana