Louisiana Arrest Without A Warrant

State:
Louisiana
Control #:
LA-5296
Format:
Word; 
Rich Text
Instant download

Description

This is an example of a judgment on a petition to expunge, finding in favor of the defendant. Following a hearing on the matter, the court finds that defendant has met all conditions of probation and that he had no criminal charges pending against him during the probationary period. Therefore the court, with plaintiff’s consent, orders that the conviction be set aside and the prosecution dismissed and expunged, pursuant to La. Code of Criminal Procedures Article 894.

How to fill out Louisiana Judgment To Set Aside Conviction, Dismiss And Expunge Prosecution?

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FAQ

By law, everyone who is arrested is entitled to a Probable Cause Determination within 48 hours of arrest. You may or may not be present at that hearing, and you may or may not have an attorney at this time.

Louisiana Laws - Louisiana State Legislature. A. A law enforcement officer effecting the arrest of a person without a warrant shall promptly complete an affidavit of probable cause supporting the arrest of the person and submit it to a magistrate.

On the other hand, if there is a warrant for someone's arrest, police have already investigated, established probable cause, and presented their evidence to a judge, who will then sign or issue the warrant. At this point, you could be arrested at any time and booked into jail.

This authorizes law enforcement to take you into custody to ensure you appear before the judge in court. If you have a bench warrant in Louisiana, you could face jail time and heavy fines. You can clear the warrant by appearing in court or by partnering with a seasoned criminal defense attorney to recall the warrant.

Further, the Louisiana Criminal Code provides that a private person may make an arrest when the person to be arrested has committed a felony, whether in or out of his presence, under circumstances similar to those which would allow a police officer to make an arrest.

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Louisiana Arrest Without A Warrant