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Can I Be Held in Jail While My Criminal Case Is Pending in Louisiana?

Posted by Aaron D. Lawrence | Nov 18, 2024 | 0 Comments

Understanding Pretrial Detention, Bond, and Your Rights


❓ Can I Stay in Jail After Being Arrested in Louisiana?

Yes—unless you post bond or the court releases you.
In Louisiana, if you're arrested and charged with a crime, you can legally be held in jail until your case is resolved. That could mean weeks or months behind bars—unless your defense attorney successfully argues for bond or release.

At Lawrence Law Firm, we regularly fight to get our clients out of jail as fast as possible. Whether you're facing felony or misdemeanor charges in Ruston, Monroe, or surrounding areas, here's what you need to know about staying in—or getting out of—jail while your case is pending.


🧑‍⚖️ What Determines Whether I Stay in Jail?

Several key factors influence whether you'll remain in custody:

  • Bond has not yet been set

  • You can't afford to pay the bond that's been set

  • The judge denies bail based on the seriousness of the charge

  • There's a parole or probation hold

  • You have other pending charges or warrants in different jurisdictions

If you don't post bond or qualify for release, you may remain in jail until your trial or resolution—which can take months.


💸 How Does Bond Work in Louisiana?

A bond is the court's way of making sure you'll show up for court dates. There are several ways to post bond:

Type of Bond How It Works

Cash Bond

You or a loved one pays the full bond amount up front.

Surety Bond

A bail bondsman posts your bond for a fee (usually 12% of the total). This fee is non-refundable.

Property Bond

A family member uses the equity in real estate as collateral.

Personal Surety / Signature Bond

Sometimes allowed for low-risk offenders, where a judge accepts a signature and proof of income from a trusted party.

ROR (Released on Recognizance)

No money is required—only a promise to appear in court. Typically allowed for low-level, first-time offenses.


⚠️ What If I Can't Afford Bond?

You're not alone. Many people sit in jail just because they don't have the money to buy their freedom—even before they've been found guilty of anything.

Here's what we can do to help:

  • File a Motion to Reduce Bond

  • Argue for release on recognizance

  • Push for non-financial conditions (electronic monitoring, drug testing, check-ins)

  • Challenge the probable cause for your arrest

In some cases, we can show the judge that the bond amount is excessive or unconstitutional under Louisiana law.


⛓️ How Long Can the State Hold Me Before Filing Charges?

Louisiana law limits how long the prosecution can hold you without formally charging you:

  • Misdemeanor Arrests: Charges must be filed within 45 days

  • Felony Arrests: Charges must be filed within 60 days

  • Life/Death Felony Cases: Charges must be filed within 120 days

🧠 If prosecutors don't file charges within these limits, you must be released—but this only happens if a proper motion is filed.


🔑 How Lawrence Law Firm Can Get You Out

If you've been arrested and are sitting in jail, we get to work immediately. Here's what our criminal defense team in Ruston and North Louisiana does from day one:

  • Request an emergency bond hearing

  • File motions to reduce or eliminate bail

  • Identify procedural violations (e.g., late charges, illegal holds)

  • Negotiate early with the DA to reduce or refuse charges

Even in high-stakes cases, we fight to get you home to your family and back to your job while we handle the rest.


📞 Don't Wait in Jail—Call a Lawyer Now

Being in jail makes everything harder—fighting your case, keeping your job, and staying connected with your family.
Let us help you move forward.

📞 Call 318.232.4000 to speak with a North Louisiana criminal defense attorney now.
🖥️ Or book your free consultation today.


🔍 Frequently Asked Questions

Q: Can I get out of jail on the weekend?
A: Possibly. Judges often hold bond hearings on weekends and holidays, especially in larger parishes. Call us 24/7.

Q: What if I already had a bond but was rearrested?
A: We may be able to consolidate charges or renegotiate terms, but rearrest can complicate your release options.

Q: How long can they keep me in jail after filing charges?
A: That depends on the charge, but trial deadlines can be accelerated by motions utilized by the right criminal defense attorney.

The blog published by Lawrence Law Firm is available for informational purposes only and is not considered legal advice on any subject matter. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and the blog publisher. Artificial Intelligence has been used to assist in formatting, topic selection, and organization, and while this information has been reviewed an attorney, this article should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.

About the Author

Aaron D. Lawrence

Aaron is a Criminal Defense and Personal Injury Attorney in Ruston, Louisiana. He received his Juris Doctor and Graduate Diploma in Comparative Law from the Louisiana State University Paul M. Hebert Law Center. He received his Bachelor of Applied Arts and Sciences from the University of North Tex...

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