Legal Question in Criminal Law in Louisiana

120 day timelimit

I have heard that when you are arrested the DA or prosecutors have 120 days to formally charge an individual or you can file to get charges dismissed. This is under the 120 day rule for dismissal. I just wanted to know if that was true or not.

Thank you,

VF


Asked on 7/13/05, 2:09 pm

1 Answer from Attorneys
Steve LeBlanc Steve LeBlanc, Ltd., (APLC)

Re: 120 day timelimit

Sorry, you are wrong. If a person is arrested and held in jail, the DA has a certain amount of time to file formal charges, and if he doesn't the defendant can file a motion under La. C. Cr. P. Art 701 to be released from his bond obligation. You need to contact an attorney regarding your own situation.

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Answered on 7/13/05, 5:11 pm


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