What to Do and Not Do If You Are Arrested in Louisiana
Most people make critical mistakes within the first few hours after an arrest in Louisiana. They try to explain themselves to the arresting officers. They attempt to talk their way out of the situation. They consent to searches of their phone or vehicle. They discuss the facts over recorded jail phones. They post on social media. In serious felony cases prosecuted in Baton Rouge, New Orleans, and throughout Louisiana, these mistakes can permanently damage the defense and cannot be undone.
The Fifth Amendment to the United States Constitution protects every person’s right against self-incrimination. Under Louisiana law, that right is independently protected by La. Const. art. I, Section 13. If you are detained or arrested by police in Louisiana, you have the right to remain silent and the right to have a lawyer present before answering any questions. Exercise both rights immediately.
If you are contacted by police or placed under arrest, remain calm. Then say one sentence: I want a lawyer. I am not answering any questions without my attorney present. After that, stop talking entirely. Do not attempt to explain your side of the story. Do not clarify anything. Do not volunteer any information.
What You Must Never Do After an Arrest in Louisiana
Do not speak to the police. The police are investigating a complaint of a crime. The United States Supreme Court has recognized that they are permitted to use deception during interrogations. They may already have a warrant for your arrest and are simply waiting for you to finish answering questions before executing it. Everything you say will be used against you in court.
Do not consent to searches. Do not allow police to search you, your home, your automobile, your luggage, or any other property without a valid search warrant. If they have a warrant, they will search regardless of your consent. If they do not have a warrant and you consent, you may eliminate the most important legal challenge available to your defense.
Do not discuss your case on jail phones. All calls made from jail in Louisiana are recorded. Prosecutors receive transcripts of those calls and will use anything you say against you in court. Use jail phone calls only to notify a family member of your arrest and to seek assistance posting bail.
Do not contact the alleged victim or witnesses. Attempting to contact the alleged victim or any witnesses after an arrest in East Baton Rouge Parish or anywhere in Louisiana can violate your bond conditions, create additional criminal exposure, and result in your bond being revoked immediately.
Do not post on social media. Law enforcement and prosecutors routinely monitor social media accounts of people who have been arrested. A single post, even one that seems harmless, can be taken out of context and introduced as evidence against you at trial.
Do Not Contact the Alleged Victim or Witnesses
Do not attempt to contact the alleged victim or any witnesses. Do not try to explain the situation. Do not apologize. Do not ask anyone to contact them on your behalf. In many serious felony cases prosecuted throughout Louisiana, contact with the alleged victim or witnesses can violate bond conditions, create additional criminal exposure, and result in immediate bond revocation.
What You Must Do After an Arrest in Louisiana
Retain an experienced criminal defense attorney immediately. You want a lawyer who is trial ready and who practices exclusively criminal defense. In serious felony cases in Louisiana, you do not want someone who also handles real estate closings or estate matters. You need focused representation from the moment of arrest.
As soon as you are released on bond, start preserving evidence. Save all text messages, emails, photos, videos, and call logs. Do not delete anything. Write down everything you remember about the events surrounding your arrest while those memories are still fresh: who was present, what was said, the sequence of events, and the names and contact information of any witnesses. Bring all of this to your first meeting with your lawyer.
Follow every condition of your bond exactly as ordered by the court in the 19th Judicial District Court in Baton Rouge or wherever your case is pending. Missing a court date, violating travel restrictions, or failing a drug test can result in immediate revocation and return to custody before your case goes to trial.
What an Experienced Louisiana Defense Attorney Does Immediately
An experienced Louisiana criminal defense attorney retained early should immediately begin seeking bail reduction if the current bond is excessive, preserving digital and physical evidence, identifying and interviewing defense witnesses, reviewing probable cause determinations, examining the validity of any search warrants, challenging unlawful searches and seizures, and preparing strategic pretrial motions.
Frequently Asked Questions
Do I have to answer police questions if I am arrested in Louisiana?
No. You have the right to remain silent under the Fifth Amendment to the United States Constitution and independently under La. Const. art. I, Section 13. The moment you are arrested, tell the officers that you want a lawyer and are not answering any questions without your attorney present. After that, say nothing further. Cooperation with police questioning almost never helps the person being questioned and very frequently strengthens the case against them.
Can police search my car or phone without a warrant after an arrest in Louisiana?
Search and seizure law in Louisiana is complex. In some circumstances police may conduct a limited search incident to a lawful arrest. However, you should never consent to a search voluntarily. Do not hand over your phone. Do not open your home. An experienced defense attorney can evaluate whether any search was lawful and whether evidence obtained through an unlawful search should be suppressed at trial.
What is the most important thing to do in the first hour after a felony arrest in Louisiana?
Call an experienced felony defense attorney immediately. The most damaging mistakes in serious felony prosecutions in Baton Rouge, New Orleans, and across Louisiana happen within the first hour after arrest. Acting correctly in that window protects your constitutional rights and preserves your defense options. David E. Stanley can be reached at (225) 926-0200.
David E. Stanley focuses on serious, high-exposure felony criminal cases in Baton Rouge, New Orleans, East Baton Rouge Parish, and throughout Louisiana. His practice is limited to criminal defense, and he has represented individuals facing serious felony charges for more than four decades. Early action protects your rights and creates the best possible foundation for your defense. Contact David Stanley now at (225) 926-0200.
SEO NOTES
- La. R.S. 14:30 and 14:30.1 cited. Kennedy v. Louisiana (2008) cited for authority signal and death penalty searches.
- Felony murder rule and aggravating factors FAQ are the strongest featured snippet candidates — most thorough available for Baton Rouge.
- GBP post: ‘Charged with first or second degree murder in Baton Rouge? La. R.S. 14:30 carries the death penalty or life without parole. Early intervention changes outcomes. David Stanley, 40+ years. (225) 926-0200.’
David E. Stanley, APLC
1055 Laurel Street, Suite 2 Baton Rouge, LA 70802
225-926-0200
Disclaimer: This article provides general information and does not serve as legal advice. For legal concerns, consult a licensed attorney. Viewing or interacting with this content does not create an attorney-client relationship. This includes submitting a form, leaving a comment, sending a message, making a call, or leaving a voicemail. Laws may vary by jurisdiction. Laws are subject to change; always verify current legal requirements with a qualified professional. Remember that each case is different, the results of each case will vary, and that all videos posted on this website are not legal advice.
© All Rights Reserved.
Engagement Notice:
An attorney–client relationship with David E. Stanley, APLC, begins only upon a written agreement and retainer payment, confirmed in a signed engagement letter. Do not send confidential information until such an agreement is executed.
Jurisdictional Statement:
David E. Stanley, APLC, practices law exclusively within the State of Louisiana. Representation in other jurisdictions may involve association with local counsel.