What is a 701 motion in Louisiana?

(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant’s counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article.

What are the two categories of criminal laws in Louisiana?

Louisiana has two main classifications of criminal offenses: felonies and misdemeanors.

What does RS mean in Louisiana law?

Higher education in Louisiana adheres to federal and state laws. Louisiana’s legal structure is based on a constitution (just like the federal government) and set of laws called Revised Statutes (R.S.).

What is an Article 893?

Article 893 applies to felony convictions and allows for a conviction to be “set aside and dismissed” after a term of probation if the sentencing court defers the imposition of a sentence “after a conviction for a first offense noncapital felony.” At the conclusion of the probationary period, if the defendant has …

How long do they have to arraign you in Louisiana?

The State has 60 days to formally charge you with a felony unless the crime is punishable by death or life in prison without parole. Then, the state has 120 days to formally charge you. If you have bonded out, the State has 90 days to charge you with a misdemeanor and 150 days to charge you with a felony.

What is a Class C felony in Louisiana?

Class C felonies would carry a sentencing range of one to 20 years. An example would be theft of over $25,000. Classes D, E and F would require no mandatory minimum sentence and time served could be with or without hard labor.

What’s considered a felony in Louisiana?

Louisiana law defines a felony as any crime for which a defendant may be sentenced to death or imprisonment “at hard labor,” which means incarceration in state prison. All other crimes are considered misdemeanors in Louisiana.

What is a misdemeanor in Louisiana?

Misdemeanors are any crime other than a felony. In other words, a misdemeanor crime in Louisiana is any crime that does not carry a sentence of hard labor, death, jail time for one-year or longer, or a fine of $1,000 or more.

Is simple battery a felony or misdemeanor in Louisiana?

Simple battery is a misdemeanor offense in Louisiana. If you are convicted of simple battery, then you may be fined for up to $1,000.00 and jailed for up to 6 months.

Is Louisiana a Model Penal Code state?

The Model Penal Code (MPC) separates culpability into three levels rather than the two levels adopted in Louisiana. This does not include criminal negligence, which both Codes adopt as an additional level of possible criminal intent.

What are the DWI laws in Louisiana?

Louisiana DWI Laws & Penalties. Louisiana DWI laws are best described as driving or operating a motor vehicle with a blood alcohol content of .08% or higher, and/or driving while intoxicated. The first charge is commonly referred to as the ‘per se’ law meaning no evidence of impairment is necessary.

What are the eviction laws in Louisiana?

The Louisiana eviction process begins with service of the appropriate Notice to Vacate. Landlords must adhere to state law and abide by any particular lawful provisions in the rental agreement that may set forth the conditions for evicting a tenant.

What are gun laws in Louisiana?

Gun laws in Louisiana regulate the sale, possession, and use of firearms and ammunition in the state of Louisiana in the United States. Location of Louisiana in the United States. Louisiana is a “shall issue” state for concealed carry.

What are the Louisiana State laws?

Louisiana’s criminal laws cover a multitude of offenses, from white-collar crimes like tax evasion and securities fraud to more serious crimes like assault and murder. State criminal statutes identify unlawful conduct that is made punishable by sanctions like imprisonment and fines, and tend to reflect the societal norms of the state.