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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13671
Experience:  Experienced in multiple areas of the law.
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My boyfriend was arrested in Louisiana on March 23 on

Customer Question

My boyfriend was arrested in Louisiana on March 23 on charges of an inappropriate relationship between an educator and a student and sexual conduct with a minor.He picked a 16 year old up from school without her parents' permission and she is alleging oral sex. He denies it. He was asked to go to a meeting with an investigator and was asked for a DNA sample at the meeting. He requested an attorney and was immediately arrested and forced to give the sample. Since his arrest, he hasn't been interviewed, hasn't spoken to a lawyer, and hasn't been indicted.In Louisiana, there is something called a "701 motion." My boyfriend should legally be released if official charges aren't filed by the 60 day mark. How can I help him? Is this automatic or does he need an attorney in order to file? Will he be released when exactly 60 days have passed? What should we think about the fact that he hasn't had official charges filed or even been interviewed by detectives? I'm just worried and confused.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for using Just Answer. Under Louisiana law, once there has been an arrest, the District Attorney essentially takes over the matter and has a certain amount of time to make a determination as to what, if any, charges will be formally filed. If a person is in jail, the District Attorney must make the screening determination within 60 days after the arrest for felonies and 45 days within arrest for misdemeanors. When the person is released from jail on bond, this time delay increases to 150 days from arrest for felonies and 90 days from arrest for misdemeanors. Once this time delay has passed without a screening determination (and assuming that the District Attorney cannot show "good cause" for not making the screening determination), your boyfriend could be released from jail. However, a "701 release" is not dispositive of the charges. In fact, assuming that the charges are filed within the applicable prescriptive period, the District Attorney could still file a Bill of Information charging him after he has been released from jail, and, in turn, you could once again be subject to a bond obligation. Once a person has been formally charged, he could file a motion for speedy trial, and another set of time delays would apply depending on the charge. It is also noteworthy that motion for speedy trial requires an affirmation that the defendant is ready for trial. This can be difficult to do if he has not yet received any discovery or completed your trial preparations.Bot***** *****ne -- he would have to file a 701 motion. But that's risky because he would be saying that he's ready to go to trial immediately. He'd definitely want to talk to a lawyer before doing that. It's actually a good sign that he hasn't been interviewed yet, or that charges haven't been filed. The more time that passes, the colder the case gets. And it suggests that they don't have a great case, because these types of charges are taken very seriously. As much as you may not want to hear it, time is his friend. Every day that passes with no charges, the better it gets overall. If you need clarification or additional information please reply and I'll be happy to assist you.
Expert:  RobertJDFL replied 1 year ago.
Your complete satisfaction is my goal. If you need additional information or clarification about my answer, please reply, and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces (3-5 stars/happy faces) as that is the only way experts such as myself are compensated on this site for our time and expertise, even if you have left a deposit. It doesn't cost you anything extra to leave a rating. Thank you.
Expert:  RobertJDFL replied 1 year ago.
Just checking in to see if you needed any additional information about this matter? If not, please remember that experts on this site work on the honor system, and we are not paid until you leave a positive rating by clicking on the stars/happy faces (even though you may have placed a deposit with the site). As always, if you need additional information, simply REPLY, and I am happy to continue assisting you.