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Your Westwego Criminal Defense Attorney
Facing a criminal charge in Westwego, Louisiana means navigating a legal system that doesn’t work like the other 49 states: Louisiana’s civil-law foundation shapes its criminal statutes, its court structure, and the vocabulary used to describe both, starting with parishes instead of counties. The real bail standard, the counsel-appointment deadline, and how Louisiana actually grades and sentences an offense are covered further down this page. Getting matched with an attorney familiar with Jefferson Parish’s own courts can help sort out which of these rules actually apply to a specific charge.
Bail and Pretrial Release in Jefferson Parish
Under La. C.Cr.P. art. 316, the amount of bail in Louisiana is fixed by weighing several real factors together, not read off a chart: how serious the charge is, how strong the evidence against the defendant appears, the defendant’s own criminal record, and the danger release could pose to the community. A defendant’s presence or absence of any controlled dangerous substance, checked through voluntary pretrial drug testing, is also part of that analysis.
Right to Counsel After an Arrest in Westwego
Louisiana’s right-to-counsel deadline is uniform statewide, not tied to a parish’s population the way some states scale it: under La. C.Cr.P. art. 230.1, an arrested person has to be brought before a judge within 72 hours for the purpose of appointing counsel, with Saturdays, Sundays, and legal holidays excluded from that count. If that 72-hour appearance doesn’t happen, the arrested person has to be released on their own recognizance.
Facing a criminal charge in Westwego? Get matched with an attorney now.
Louisiana Doesn't Grade Crimes Into Classes
A real structural difference worth understanding early: Louisiana has no felony-class system at all. La. R.S. 14:2 draws the felony/misdemeanor line at whether death or hard labor imprisonment is possible, and beyond that binary, every offense in Title 14 is sentenced according to its own specifically written penalty, not a shared class range the way a Class B felony might work elsewhere.
The Charges We See Most in Louisiana Criminal Defense
A theft charge in Louisiana is graded entirely by value under La. R.S. 14:67: below $1,000 is a misdemeanor, but the felony tiers above that escalate fast, up to 5 years for $1,000 to under $5,000, up to 10 years for $5,000 to under $25,000, and up to 20 years at hard labor for $25,000 or more, with fines climbing alongside each tier. If you’ve been charged with battery, the specific statute matters a great deal: simple battery under La. R.S. 14:35 tops out at 6 months and a $1,000 fine, while aggravated battery, meaning a dangerous weapon was involved, under La. R.S. 14:34 can mean up to 10 years and a $5,000 fine. If the charge is domestic abuse battery under La. R.S. 14:35.3, Louisiana treats it more seriously from the start: mandatory jail time applies even on a first offense, and a fourth offense escalates all the way to 10 to 30 years. A drug possession charge’s real exposure in Louisiana depends heavily on what’s involved: marijuana at 14 grams or less has been decriminalized down to a $100 fine with no jail exposure since 2021 (La. R.S. 40:966(E)), a genuinely different track than other Schedule I substances, which can still carry up to 10 years at hard labor and a $5,000 fine under the same statute. Louisiana’s OWI penalties under La. R.S. 14:98 track the number of prior offenses within a 10-year lookback, not just the current arrest: a first offense stays a misdemeanor, but a third jumps straight to a felony (1 to 5 years, $2,000), and a fourth or later offense can mean 10 to 30 years and a $5,000 fine, with a 0.15% or higher BAC adding mandatory enhancements regardless of which offense number this is. Not every concealed firearm is a crime in Louisiana anymore: the state’s 2024 permitless-carry law lets most legally-eligible adults 18 and older carry a concealed handgun without a permit, so a charge under La. R.S. 14:95 for illegal carrying of weapons today generally means the person was underage, barred from possessing a firearm, carrying in a location the law restricts, or didn’t notify police of the weapon during an official stop. First offenses cap at 6 months and $500, but a second conviction can mean up to 5 years, a third up to 10 years, and a firearm used in a separate violent or drug crime triggers its own 5-to-10-year mandatory add-on. A burglary or robbery charge in Louisiana carries real long-term exposure. Under La. R.S. 14:62, simple burglary (entering a home, vehicle, or other structure without authorization to commit a felony or theft) is punishable by up to 12 years at hard labor and a $2,000 fine, and carrying a firearm during the burglary pushes the minimum sentence to 3 years. Armed robbery under La. R.S. 14:64 goes much further: taking property by force or intimidation while armed with a dangerous weapon carries a mandatory minimum of 10 years at hard labor, up to 99 years, and the law forbids parole, probation, or a suspended sentence regardless of the circumstances.
Can a Westwego Criminal Record Be Expunged?
Louisiana doesn’t let a record be cleared quickly: La. C.Cr.P. arts. 971-999 set a 5-year wait for a misdemeanor and a 10-year wait for a felony, each counted from the date the sentence, probation, or parole was actually completed, with DWI/OWI convictions further limited to one expungement every 10 years no matter what else is on the record. A 2025 change added an expedited process specifically for arrests that happened at age 17. Even after the waiting period passes, the petition itself goes through a real review: arts. 976-978 give the district attorney and any arresting agency 60 days’ notice to object once it’s filed, a hearing gets scheduled only if an objection actually comes in, and an unopposed petition can be granted on the papers alone.
Westwego's Cases Are Heard in Gretna
Westwego, a separately incorporated city on Jefferson Parish’s West Bank, sends a criminal case to the Thomas F. Donelon Courthouse in Gretna, the parish seat, under the 24th Judicial District Court, rather than to any court of its own. Booking happens at the Jefferson Parish Correctional Center in Gretna, administered by the Jefferson Parish Sheriff’s Office.
Closest service areas: our coverage in Gretna.
We connect people in Kenner and Harahan with local defense attorneys as well. The Louisiana criminal defense index shows every city where we connect people with local attorneys.
Frequently Asked Questions
Is there a fixed bail schedule in Louisiana?
No. La. C.Cr.P. art. 316 requires an individualized weighing of factors like offense seriousness, evidence, criminal history, and community safety, not a flat schedule tied only to the charge.
Who actually represents me if I can’t afford a lawyer in Louisiana?
A district public defender from the office the Louisiana Public Defender Board maintains in your judicial district under La. R.S. 15:161, though you remain free to hire private counsel instead at any point in the case.
Does Louisiana’s felony/misdemeanor line depend on the specific offense or a general rule?
A general rule under La. R.S. 14:2: any offense punishable by death or hard labor imprisonment is a felony, everything else a misdemeanor, then each of Louisiana’s roughly 600 Title 14 offenses is sentenced individually within that binary.
When does theft become a felony in Louisiana?
At $1,000 or more in alleged value under La. R.S. 14:67; below that, it’s a misdemeanor, and the felony tiers escalate further at $5,000 and $25,000.
Does filing an expungement petition guarantee it gets granted?
Not automatically: under La. C.Cr.P. arts. 976-978, the district attorney and any arresting agency get 60 days’ notice to object once a petition is filed, and a hearing only happens if someone actually objects.
Where does a criminal case actually get filed if my city isn’t the parish seat?
At the parish seat, not necessarily the city where the arrest happened: a parish’s courthouse, clerk of court, and jail are all located at its own seat, which can be a different city from where a specific case actually arose.
What You Do Next Matters
Whether it’s a misdemeanor or a felony under Louisiana’s own definition, a Westwego case starts moving immediately, and decisions made in the first few days can shape everything that follows.
