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Your Houma Criminal Defense Attorney
Facing a criminal charge in Houma, 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 details of bail, the right to counsel, and Louisiana’s own approach to sentencing are covered further down this page. Working through these details early, rather than after an arrest has already happened, is usually the more effective approach.
There's No Fixed Bail Schedule in Louisiana
Bail in Louisiana isn’t automatic or fixed to a schedule: La. C.Cr.P. art. 316 requires a judge to individually weigh the offense’s seriousness, particularly whether it’s a crime of violence or involves a controlled dangerous substance, alongside the evidence, the defendant’s record, and whether releasing the defendant would endanger the community or any specific person. Whatever amount is set, a defendant who can’t pay it in cash directly to the court can instead use a licensed commercial bail bondsman, whose premium is set by La. R.S. 22:1443 at 12% of the bond’s face value or $120, whichever is greater, and is kept by the bondsman regardless of the case’s outcome.
Right to Counsel After an Arrest in Houma
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. Who actually gets appointed is a district public defender, an attorney from the office the Louisiana Public Defender Board maintains in every one of the state’s 42 judicial districts under La. R.S. 15:161, and a defendant remains free to retain private counsel instead at any point afterward.
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Sentencing in Louisiana Works Differently Than You'd Expect
Unlike states that sort felonies into lettered or numbered severity classes, Louisiana defines a felony by what punishment is possible, not a category: La. R.S. 14:2 sets the line at death or imprisonment at hard labor, with everything else a misdemeanor. A felony class system was proposed and studied but never actually adopted, so nearly every one of Louisiana’s roughly 600 Title 14 offenses still has its own specific, individually-legislated penalty.
Theft, Battery, Drug Charges, and OWI in Louisiana
Louisiana doesn’t treat every theft the same way: La. R.S. 14:67 scales the charge directly to the value taken, from a misdemeanor under $1,000 up through a felony that can reach 20 years at hard labor once the value reaches $25,000, with three separate felony tiers in between depending on exactly how much is alleged. Battery charges in Louisiana vary sharply by statute: simple battery (La. R.S. 14:35) caps out at 6 months and a $1,000 fine, aggravated battery with a dangerous weapon (La. R.S. 14:34) can reach 10 years and $5,000, and domestic abuse battery (La. R.S. 14:35.3) carries mandatory jail time starting with the first offense, with penalties escalating to 10 to 30 years by a fourth conviction, plus a separate, harsher enhancement if strangulation was involved. Drug possession penalties in Louisiana depend heavily on the substance and amount, and marijuana specifically works differently than most people assume: 14 grams or less is a fine-only offense, up to $100, with no jail time, for any offense number, since Louisiana decriminalized small-amount possession in 2021. Other Schedule I substances carry real prison exposure under La. R.S. 40:966, up to 10 years at hard labor and a $5,000 fine, a genuinely different penalty structure than marijuana’s own decriminalized tier. 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. A weapons charge under La. R.S. 14:95 (illegal carrying of weapons) looks different than it did before 2024: since Louisiana adopted permitless concealed carry that year, most adults 18 or older who are legally allowed to own a firearm can carry one concealed without a permit, so a charge today usually turns on being underage, being barred from possessing a firearm at all, carrying in a restricted location, or failing to notify an officer of a concealed weapon during a stop. A first offense tops out at 6 months and a $500 fine, a second conviction can reach 5 years, a third up to 10 years, and using a firearm while committing a separate violent or drug crime adds its own 5-to-10-year mandatory enhancement. 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 Houma 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.
Terrebonne Parish's Own Courthouse and Jail
A Houma criminal case is heard at the Terrebonne Parish Courthouse on Main Street, home to the 32nd Judicial District Court, which covers Terrebonne Parish alone (the parish seat itself actually moved from the original Bayou Cane to Houma back in 1834). An arrest is booked at the Terrebonne Parish Jail just south of Houma, run by the Terrebonne Parish Sheriff’s Office.
Also serving: criminal defense attorneys serving Harahan, our Marrero page.
Frequently Asked Questions
Does a bail bondsman keep the fee even if I’m found not guilty?
Yes. A commercial bail bondsman’s premium, fixed by law at 12% of the bond amount or $120 under La. R.S. 22:1443, is earned once the bond is posted and isn’t refunded regardless of how the case ends.
Can I hire my own attorney after a public defender is appointed?
Yes. Having a district public defender appointed under La. R.S. 15:161 doesn’t waive or limit the right to retain private counsel later; the appointment is a floor, not a lock-in.
Is hard labor the same as regular prison time in Louisiana?
It’s the classification that makes an offense a felony under La. R.S. 14:2 in the first place; if hard labor imprisonment isn’t a possible sentence for a charge, that charge is a misdemeanor no matter how serious it sounds.
Is marijuana possession still a serious charge in Louisiana?
Not for small amounts: 14 grams or less is a fine-only offense (up to $100, no jail) for any offense number under La. R.S. 40:966(E), following Louisiana’s 2021 decriminalization.
Can I expunge more than one conviction at a time in Louisiana?
Only one misdemeanor can be expunged per 5-year period, and only one DWI/OWI conviction per 10-year period, regardless of how many other convictions you may have.
If my city isn’t the parish seat, does that change which laws apply to my case?
No. The same Title 14 offenses, bail standards, and sentencing rules apply parish-wide regardless of which city within the parish the courthouse sits in; only where the case is physically filed and heard changes.
What You Do Next Matters
The 72-hour counsel clock and every deadline that follows in a Houma case doesn’t pause while someone decides how to respond; the sooner those decisions get real attention, the more options usually remain.
