What do I do now?

You’ve Been Arrested. Now What?

Being arrested is scary and confusing. The most important thing to do right now is to protect yourself.

The two most important rules are:

1. DO NOT TALK. You have the right to remain silent. Use it. Do not discuss your case with the police, detectives, cellmates, or anyone else. This includes phone calls from jail, which are always recorded. Anything you say can and will be used against you.
2. ASK FOR A LAWYER. The only person you should talk to is your lawyer. As soon as you can, clearly and politely say, “I am going to remain silent, and I would like a lawyer.” Once you say this, police are supposed to stop questioning you.

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When and How Is Bond Set?

After you are arrested and booked into jail, your first official court date is usually a “First Appearance” or bond hearing. This must happen within 72 hours (3 days) of your arrest. this does not include weekends and holidays.

At this hearing, a judge will:

• Officially tell you what charges you are facing.
• Advise you of your right to a lawyer.
• Decide if you will be released from jail and, if so, under what conditions. This is “setting your bond.”

How does a judge decide on a bond amount?

The judge’s main goal is to set a bond that is high enough to make sure you return to court but not so high that it’s impossible to pay. They are balancing your right to be free before trial with the safety of the community.

They will look at several factors:

• The charge: How serious is the crime?
• Your history: Do you have a criminal record?
• Your ties to the community: Do you have a job? A family? Do you live here? (This helps show you’re not a “flight risk” who will run.)
• Danger to the community: Is there reason to believe you might hurt someone if you are released?
• Your record of showing up: Have you ever missed a court date in the past?

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What Are the Different Kinds of Bonds?

A bond is basically a promise to the court that you will show up for all your future court dates. If you don’t show up, you lose the bond. Here are the common types in Louisiana:

1. R.O.R. (Released on Own Recognizance): This is the best-case scenario. The judge releases you on your simple promise to return to court. You don’t have to pay any money. This is usually only for minor offenses and people with no criminal record.
2. Cash Bond: You must pay the full amount of the bond in cash to the court. For example, if the bond is $5,000, you pay $5,000. If you make all your court dates, you get this money back at the end of your case (minus court fees).
3. Surety Bond (Using a Bail Bondsman): This is the most common option. If your bond is $5,000, you go to a bail bondsman (or have a friend or family member do it).
   • You pay the bondsman a non-refundable fee, which is usually 10% to 12% of the total bond (so, $500 – $600 on a $5,000 bond).
   • The bondsman then posts the full $5,000 with the court, taking the risk for you.
   • You do not get this fee back. It’s the bondsman’s payment for their service.
   • You (or the person who signs for you) will also likely have to sign a contract making you responsible for the full $5,000 if you miss court.
4. Property Bond: In some cases, you can use real estate (like a house) that you own as collateral for your bond. This is complicated and involves appraisals and liens, but it is an option.

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When Can You Be Held With NO Bond?

Yes, a judge can deny you a bond and order you to stay in jail until your trial. This is rare and usually only happens in very specific situations:

• Capital Offenses: If you are charged with a crime that could be punished by death (like first-degree murder), you can be held without bond if the “proof is evident” that you are likely guilty.
• Serious Crimes + Danger: For many other serious violent crimes, a prosecutor can request a special hearing. At this hearing, a judge can deny you bond if they find “clear and convincing” proof that you are a danger to the community or a major flight risk.
• New Crime While on Bond: If you get arrested for a new felony while you are already out on bond for another felony, your original bond will likely be revoked, and you will be held.
• Probation or Parole holds: If you get arrested and are on probations for a prior charge or on parole from prison, your Probation/Parole officer can place a detainer on you that will prevent you from being released from jail, even if you post a bond.
• Warrants: If you get arrested and have a warrant for your arrest with another court or state, you can be held in jail, even after posting a bail bond, until the agency that has the warrant picks you up and takes you back to that court or state. Outstanding warrants can result in serious delays in your release and are complicated legal matters that require a competent attorney to handle for you.

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Special Bond Situations in Louisiana

Some charges have very specific, automatic rules for bail.

Domestic Abuse

Louisiana has a special law (known as “Gwen’s Law”) for domestic abuse cases.

• If you are arrested for domestic abuse, you cannot bond out immediately.
• You must be held for a hearing in front of a judge, which must happen within 5 days.
• At that hearing, the judge will review your history and the facts of the case to decide if you are a danger to the victim.
• The judge can then deny your bond and keep you in jail, or they can set a bond with very strict conditions.
• Almost 100% of the time, this will include a No-Contact Order, meaning you cannot contact the victim in any way (no calls, texts, emails, or going to their home or work). Violating this order will land you back in jail with your bond revoked.

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