Lake Charles Criminal Defense Attorney

What Is Criminal Law?

A crime is an act or omission that violates a law established by a governing authority, such as a government or a legal system. Crimes are often categorized based on their severity. Criminal law refers to the body of laws that define what behaviors are considered crimes and prescribe the punishments for those who commit them.

• What it covers: Defines acts considered harmful to society, like theft, assault, or fraud. Sets out punishments for these offenses, which can range from fines to imprisonment.
• Goals: Aims to protect people and property, deter crime, and rehabilitate offenders.
• How it works: Crimes are prosecuted by the government, not individuals. There are specific procedures for arresting, charging, and trying suspects.

Misdemeanors Vs. Felonies in Louisiana

In Louisiana, crimes are categorized into two main categories:

• Felonies: Felonies are serious crimes that are punishable by imprisonment for one year or more in state prison. Examples of felonies include murder, rape, armed robbery, violent crimes, and certain drug offenses. Felonies are further classified into different degrees based on the severity of the crime and the potential punishment.
• Misdemeanors: Misdemeanors are less serious crimes compared to felonies and typically carry lighter penalties. They are punishable by imprisonment for less than one year in parish jail, fines, or other penalties. Examples of misdemeanors include simple assault, petty theft, and certain traffic offenses.

FAQs About the Criminal Process in Lake Charles, LA

What happens after an arrest in Lake Charles, LA?

After an arrest, the individual is taken to the Calcasieu Parish Correctional Center for booking. This involves recording personal information, fingerprinting, and taking a mugshot. The arrestee may be held until a bail amount is set, typically within 48 hours during a bail hearing. Depending on the charges, the individual may be released if they can post bail or remain in custody if they cannot.

How is bail determined in Lake Charles?

Bail is set by a judge during the initial hearing, usually within 48 hours of the arrest. The judge considers factors such as the severity of the charges, the defendant’s criminal history, risk of flight, and ties to the community. Bail may be paid in cash, through a bail bondsman, or via property if the court approves.

What is an arraignment, and when does it occur?

An arraignment is the first formal court appearance after an arrest where the defendant hears the charges and enters a plea of guilty, not guilty, or no contest. This typically happens within a few days after the arrest if the defendant remains in custody or within a few weeks if released on bail. If a not guilty plea is entered, the case proceeds to pretrial motions and possibly a trial.

What are the possible outcomes after being charged?

After being charged, the case may end in several ways:

• Dismissal: Charges may be dropped due to insufficient evidence or procedural errors.
• Plea Bargain: The defendant may negotiate a plea deal for a lesser charge or reduced sentence.
• Trial: If no plea is reached, the case goes to trial where a judge or jury decides the verdict.
• Conviction or Acquittal: If convicted, sentencing follows. If acquitted, the defendant is released.

How does the plea bargaining process work?

Plea bargaining involves negotiations between the defense attorney and the prosecutor, where the defendant may agree to plead guilty to a lesser charge in exchange for a lighter sentence. This can expedite the process and reduce the uncertainty of a trial. The judge must approve any plea agreement.

What is the difference between a misdemeanor and a felony in Louisiana?

In Louisiana, misdemeanors are less serious crimes such as simple assault or theft under $1,000 and carry a maximum penalty of one year in jail and/or fines. Felonies, such as armed robbery or murder, carry harsher penalties, including more than one year in prison, substantial fines, and sometimes life imprisonment without parole.

What happens if I can’t afford a lawyer?

If you cannot afford an attorney, the court will appoint a public defender to represent you. Public defenders are experienced attorneys who provide legal defense for indigent defendants. However, because public defenders often have heavy caseloads, private attorneys may be able to dedicate more time and resources to individual cases.

How long does the criminal process usually take?

The duration of the criminal process in Lake Charles varies depending on the complexity of the case, the type of charges, and court scheduling. Misdemeanor cases may be resolved within a few months, while felony cases, especially those involving serious charges, can take a year or longer to conclude.

What rights do I have after being arrested?

After an arrest, you have several constitutional rights, including:

• The right to remain silent and avoid self-incrimination.
• The right to an attorney.
• The right to a fair and speedy trial.
• The right to be informed of the charges against you.

It’s crucial to exercise these rights and avoid discussing your case with law enforcement without legal representation.

Can I expunge my criminal record in Lake Charles?

In certain cases, individuals can seek an expungement to clear their criminal record. Eligibility depends on the type of offense, whether the sentence was completed, and the time elapsed since the conviction. Some misdemeanors and non-violent felonies may be eligible for expungement, but violent felonies and sex crimes generally cannot be expunged.

Call 1-833-SUDDUTH or contact us online for a consultation with our Lake Charles criminal defense lawyers today. We offer our services in English and Spanish.

Benefits of Hiring a Lake Charles Criminal Defense Attorney

Hiring a criminal defense attorney is crucial when facing criminal charges because they possess the expertise to navigate the complexities of the legal system and protect your rights. A skilled criminal defense attorney can analyze the evidence, identify weaknesses in the prosecution's case, negotiate plea deals, and provide strategic counsel to help achieve the best possible outcome. Without proper legal representation, individuals risk facing harsher penalties, misunderstanding their legal options, or failing to challenge procedural errors that could impact the case.

What Should You Look for in a Criminal Defense Attorney?

When looking for a Lake Charles criminal defense attorney to handle your criminal cases, it's important to prioritize finding someone with a high level of experience and expertise.

Experience:

• Criminal law knowledge: Make sure the lawyer is experienced in criminal defense and has handled cases similar to yours.
• Trial experience: An attorney comfortable in court is ideal, as some cases go to trial.
• Local experience: A lawyer familiar with your jurisdiction's courts, judges, and prosecutors can be a strategic advantage.

Communication & Demeanor:

• Good communicator: The lawyer should explain things clearly, answer your questions, and keep you informed.
• Approachable and responsive: You should feel comfortable reaching out to your lawyer and expect timely responses.
• Trustworthy and empathetic: Criminal cases can be stressful, so you want a lawyer you trust and who understands your situation.

Other factors:

• Fees and billing structure: Get a clear understanding of the attorney's fees and how they bill (hourly, retainer, etc.).
• Reputation: Research online reviews and ask for recommendations from friends or family.
• Bar Association membership: Check if the lawyer is in good standing with the state bar association.

Steps to Find the Right Criminal Defense Lawyer in Lake Charles

• Understand Your Needs: Determine the nature of the charges against you and whether they require a specialist, such as someone experienced in DUI, drug offenses, or violent crimes.
• Research Attorneys: Look for lawyers in your area with experience handling cases similar to yours. Online reviews, professional directories, and recommendations from trusted sources can be helpful.
• Verify Credentials: Check the attorney’s qualifications, including their education, bar association membership, and any certifications in criminal law.
• Assess Experience: Ensure the lawyer has a track record of defending cases like yours. Ask about their success rate and familiarity with local courts and prosecutors. 
• Schedule Consultations: Use this opportunity to discuss your case, ask about their strategy, and evaluate their communication style.
• Inquire About Fees: Get a clear understanding of the attorney’s fee structure, including whether they charge a flat fee, hourly rate, or require a retainer.
• Evaluate Communication: Choose a lawyer who is responsive and takes the time to explain legal concepts in a way you can understand.
• Check References: Ask for references or testimonials from previous clients to gauge their satisfaction and the attorney’s effectiveness.
• Make a Decision Quickly: Criminal cases often have strict deadlines, so choosing a lawyer promptly ensures they have enough time to build a strong defense.

How To Defend Against Criminal Charges in Louisiana

There are several defenses that can be used against criminal charges in the state of Louisiana. Although, the applicability of these defenses will depend on the specific circumstances surrounding the case.

Some common defenses that can be used:

• Presumption of innocence: Individuals are presumed innocent until proven guilty. The burden of proof lies with the prosecution to demonstrate guilt beyond a reasonable doubt. 
• Lack of evidence: If there is a lack of sufficient evidence to prove the defendant's guilt, the defense could be challenged by the credibility or reliability of the prosecution's evidence.
• Self-defense or defense of others: If the defendant can provide proof that they acted in self-defense or in defense of others, it may be a valid defense.
• Mistaken identity: If the defense can provide evidence or raise a reasonable doubt about the identification of the perpetrator, it may be a valid defense. This could involve challenging eyewitness testimony, presenting alibi witnesses, or indicating flaws in the identification process.
• Duress or coercion: If the defendant can prove that they had been forced or coerced into committing a crime under imminent threat of harm, it could be a valid defense.
• Insanity or mental incapacity: If the defendant has a mental illness or defect that prevented them from understanding the nature of their actions or distinguishing right from wrong, they could raise an insanity defense.
• Illegal search and seizure: If evidence was obtained through an unlawful search and seizure by police, it may be feasible to have that evidence excluded from trial. 

What Does a Criminal Defense Attorney Do?

A defense attorney is your champion in the courtroom, representing you if you've been accused of a crime. They act as the defendant's champion, ensuring their rights are protected and fighting for the best possible outcome.

Criminal defense lawyers are responsible for acting in their client's best interests and effectively representing them. They may also negotiate plea deals, challenge and review the evidence, and present arguments in court on their client's behalf to secure a favorable outcome for their case.

• Be Your Advocate: They act as your voice in court, ensuring your side of the story is heard.
• Navigate the Legal System: The criminal justice system can be confusing. Defense attorneys guide you through the process, explaining your rights and options.
• Investigate the Charges: They'll analyze the prosecution's evidence, potentially uncover weaknesses or find alibis.
• Prepare Your Defense: They'll strategize the best course of action, which could involve building a defense or negotiating a plea bargain.
• Represent You in Court: This includes handling pre-trial hearings, presenting your case at trial, questioning witnesses, and arguing for your innocence.
• Seek a Favorable Outcome: The ideal outcome is getting the charges dropped (acquittal) or reduced. They can also fight for a lighter sentence if convicted.

Defense attorneys can be court-appointed (public defenders) for those who can't afford one, or privately hired. In either case, their duty is to zealously represent you throughout the legal proceedings.

Cases Our Criminal Attorney in Lake Charles Handles

If you are accused, you need a legal team of investigators, paralegals, clerks, and lawyers who can as aggressively defend the charge as the State of Louisiana can prosecute one. At Sudduth and Associates, our Lake Charles criminal lawyers pride ourselves with being that leveling force for so many people.

We handle the following criminal cases:

All of Our Resources to Fight for You

At  Sudduth & Associates, our criminal defense lawyers in Lake Charles, LA commonly like to use the phrase that we “level the playing field” but we want to take a minute and explain exactly what that means.

Think for a moment of all the resources in the possession of the State: officers to effect an arrest or issue a warrant, detectives to investigate a criminal case and question witnesses, forensic equipment and laboratories to test evidence, and finally prosecutors, with their own investigators, armed with virtually unlimited resources with which to effectively prosecute the accused. 

It is as easy to see as it is disparaging just how stacked the deck is against the accused. That's where our experienced criminal defense attorney in Lake Charles, Louisiana, comes in. Our law firm uses all of our resources to fight for you!

Why We're the Right Choice

• Over 100 Years of Collective Experience
• Former Prosecutor Who Knows Both Sides of the Law
• Long Roots in the Local Community
• Cutting-Edge Technology to Bring You More Convenience
• Collaborative Approach to Your Case
• Highly Communicative & Responsive