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Criminal Defense Attorney Louisiana Bastrop

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Your Bastrop Criminal Defense Attorney

An arrest in Bastrop, Louisiana moves through a legal system genuinely different from most of the country: Louisiana is the only U.S. state built on a civil-law tradition rather than English common law, and its criminal statutes, court structure, and even its terminology (parishes, not counties) reflect that. The real bail standard, the counsel-appointment deadline, and how Louisiana actually grades and sentences an offense are covered further down this page. A local attorney who works in Morehouse Parish regularly can matter here, since Louisiana’s own rules aren’t the same as what a case would look like in a common-law state.

How Bail Actually Gets Set in Louisiana

Louisiana doesn’t set bail off a fixed schedule tied only to the charge: under La. C.Cr.P. art. 316, a judge has to weigh the seriousness of the offense, the weight of the evidence, the defendant’s criminal history, the danger release would pose to any other person or the community, and whether the defendant voluntarily participates in pretrial drug testing. Whether the defendant is already out on bail for a pending felony arrest is also a factor the court has to consider.

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Right to Counsel After an Arrest in Bastrop

The 72-hour counsel-appointment deadline under La. C.Cr.P. art. 230.1 applies the same way in every Louisiana parish, regardless of population, unlike some states that scale the timeline to a county’s size. Saturdays, Sundays, and holidays don’t count toward that 72 hours, and a defendant not brought before a judge in time is released on their own recognizance by law.

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Sentencing in Louisiana Works Differently Than You'd Expect

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Louisiana defines the felony/misdemeanor line itself, rather than sorting crimes into severity classes the way many states do: under La. R.S. 14:2, a felony is any crime that may be punished by death or imprisonment at hard labor, and a misdemeanor is any crime that isn’t. There’s no Class A, B, or C felony system here (a felony class system was studied by a legislative task force in 2017-18 but was never enacted), which means each of Louisiana’s roughly 600 criminal offenses in Title 14 carries its own individually-written penalty range rather than a shared bracket.

Facing One of These Charges in Morehouse Parish?

If you’re facing a theft charge, the dollar value alleged is what actually determines how serious it is under La. R.S. 14:67: under $1,000 is a misdemeanor (up to 6 months, up to $1,000), but $1,000 or more becomes a felony, climbing from up to 5 years for $1,000-$5,000, up to 10 years for $5,000-$25,000, and up to 20 years at hard labor once the value hits $25,000 or more. Not all battery charges in Louisiana carry the same weight: a simple battery under La. R.S. 14:35 is a misdemeanor capped at 6 months, while the presence of a dangerous weapon moves it to aggravated battery under La. R.S. 14:34, up to 10 years. Domestic abuse battery under La. R.S. 14:35.3 is its own, more serious track entirely, with mandatory jail even on a first conviction and a real strangulation enhancement carrying up to 50 years if serious bodily injury results. 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. OWI, Louisiana’s own term for what other states call DUI or DWI, escalates quickly under La. R.S. 14:98: a first offense within a 10-year lookback is a misdemeanor (10 days to 6 months, up to $1,000), a second is still a misdemeanor but with mandatory minimum jail or community service if probation is granted, and a third becomes a felony (1 to 5 years, $2,000). A fourth or subsequent offense can mean 10 to 30 years and a $5,000 fine, with a blood alcohol concentration of 0.15% or higher adding mandatory enhancements at any offense level. Illegal carrying of weapons under La. R.S. 14:95 doesn’t mean what it used to before Louisiana’s 2024 permitless-carry law: most adults 18 or older who can legally own a firearm no longer need a permit to carry one concealed, so this charge now typically comes down to age, a firearm disqualification, carrying somewhere restricted, or not telling an officer about the weapon during a stop. The base penalty is up to 6 months and a $500 fine, climbing to up to 5 years on a second conviction and up to 10 years on a third, with an additional 5-to-10-year mandatory sentence if a firearm was used during a separate violent or drug offense. Burglary and robbery carry some of the heaviest exposure in Louisiana’s criminal code. Simple burglary under La. R.S. 14:62, unauthorized entry into a home, vehicle, or other structure with intent to commit a felony or theft inside, is punishable by up to 12 years at hard labor and a $2,000 fine, and being armed with a firearm during the burglary raises the mandatory minimum to 3 years. Armed robbery under La. R.S. 14:64, taking property from another person by force or intimidation while armed with a dangerous weapon, is far more severe: a mandatory minimum of 10 years at hard labor and up to 99 years, with no parole, probation, or suspended sentence available at any point.

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Clearing a Record in Louisiana

Under La. C.Cr.P. arts. 971-999, clearing a Louisiana record takes real time: misdemeanors require a 5-year wait since completing the sentence or supervision, with only one expungement allowed per 5-year period, while felonies require 10 years, and a DWI/OWI conviction is limited to one expungement every 10 years regardless of how the rest of the record looks. A 2025 update added an expedited path for arrests that happened at age 17, along with a new automated request system through the state’s own criminal records bureau. The petition process has its own timeline too: once filed under arts. 976-978, the district attorney and any involved law enforcement agency get notice and 60 days to object, a hearing only happens if someone actually does, and an unopposed petition can be granted without ever going in front of a judge for argument.

Bastrop Shares Judges With Ouachita Parish, But Not a Courthouse

Morehouse Parish, where Bastrop is both the largest city and the parish seat, is part of the 4th Judicial District along with neighboring Ouachita Parish, meaning the same judges serve both parishes. That shared district doesn’t mean a shared courthouse, though: Morehouse Parish keeps its own courthouse, at 100 East Madison Avenue in Bastrop, a 1914 Beaux Arts building, along with its own clerk, docket, and jail (run by the Morehouse Parish Sheriff’s Office), entirely separate from Ouachita Parish’s own.

If your case involves an accident or injury rather than a criminal charge, see our Bastrop personal injury page.

Closest service areas: Ruston criminal defense attorneys, criminal defense representation from Grambling.

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Frequently Asked Questions

Can I be released without posting money in Louisiana?

The same factors that set the bail amount under La. C.Cr.P. art. 316, including offense seriousness and criminal history, also inform whether a personal recognizance release without posting money is appropriate for a given case.

How fast does an appointed attorney have to be assigned in Louisiana?

Within 72 hours of arrest under La. C.Cr.P. art. 230.1, with Saturdays, Sundays, and legal holidays excluded from that count, the same deadline statewide regardless of parish population.

Why doesn’t Louisiana use a felony class system like most states?

A legislative task force studied creating one in 2017-18, but the recommendation was never enacted; Louisiana still individually specifies a penalty for each offense in Title 14 rather than grouping them into shared classes.

What’s the mandatory minimum for armed robbery in Louisiana?

10 years at hard labor under La. R.S. 14:64, with no parole, probation, or suspended sentence available, up to a maximum of 99 years.

Is there anything new in Louisiana’s expungement process?

Yes, as of 2025: an expedited expungement path now exists for arrests that happened at age 17, plus a new automated-request option through the state’s Bureau of Criminal Identification and Information.

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.

Don't Face This Alone

A criminal charge in Bastrop doesn’t pause while someone decides how to respond; the sooner those decisions get real attention, the more options usually remain.