Understanding Charging Deadlines and Your Rights

⏳ Waiting on Charges? You're Not Alone.

You were arrested, maybe even bonded out… and now you're waiting.

Weeks pass. You haven't heard from the District Attorney. You check online dockets every few days. No court date. No case number. Nothing.

So what's going on?

At Lawrence Law Firm, we hear this question almost daily:

“How long does the DA have to file charges after an arrest in Louisiana?”

Let's break it down — and explain how long the state can keep you in limbo.

📅 General Deadlines for Filing Charges After Arrest

In Louisiana, the DA has specific deadlines to formally file charges depending on the type of offense and whether you're in jail or out on bond.

⚖️ If You're in Jail:

• Misdemeanor Charges: DA must file charges within 45 days

• Felony Charges: DA must file within 60 days

• Life Sentence or Capital Felonies: DA has 120 days

If the DA doesn't file charges within these timeframes and you are still in custody, your attorney can demand your release.

📬 If You're Out on Bond or Released:

There's more flexibility. The DA can take longer to file charges — sometimes months, especially for felonies.

But the law still imposes prescriptive periods (statutes of limitation), which we'll cover below.

🧭 So… Can They Just Wait Forever?

No — but they can take longer than most people expect.

The DA might delay filing while:

• Reviewing lab results or surveillance footage

• Waiting on a police report

• Interviewing witnesses

• Trying to build a stronger case

⚠️ That's why you shouldn't wait around — get a lawyer to monitor your status and push back if your rights are being ignored.

📜 Statute of Limitations in Louisiana

Even if you weren't arrested yet — or charges weren't filed immediately — the DA still has a legal deadline to prosecute. These limits vary by offense:

If charges aren't filed in time, you have the right to demand dismissal — but only if your lawyer properly raises the issue.

⚖️ What If They Filed Charges Late?

That depends on the situation:

• If you were in jail and charges weren't filed on time → we can move to have you released

• If charges were filed after the statute of limitations → we can file a motion to quash or dismiss

• If charges were filed but the case stalled for months → we can assert your right to a speedy trial

The system doesn't automatically dismiss late charges. It takes a lawyer to raise the issue.

🛡️ How Lawrence Law Firm Protects You During the Wait

When you call us after an arrest or investigation, even if no charges have been filed yet, we:

• Contact the DA's office to check status

• File motions to assert your right to be charged or released

• Preserve evidence and timelines early

• Prepare in advance — so when charges do come, we're ready

• Push for refusals to prosecute if the case is weak

This is one of the few areas in law where being proactive really changes outcomes.

📞 Don't Sit Around Waiting for Charges — Take Control Now

If you've been arrested or investigated and haven't been formally charged, don't just hope it goes away.

📞 Call 318.232.4000 to speak with a criminal defense attorney in Ruston, Louisiana, today.
🖥️ Or online.

We'll monitor your case, protect your rights, and get ahead of the DA.

❓ FAQ: Charge Filing Timelines in Louisiana

Q: If they wait too long to charge me, is the case automatically dismissed?
A: No. Your attorney must raise the issue and file the proper motion.

Q: What if I was never arrested but I'm being investigated?
A: The DA may still file charges later. It's smart to have legal guidance in place now.

Q: Can I leave the state while waiting on charges?
A: You should speak with a lawyer first. If you're out on bond or being monitored, it could violate your release conditions.

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.