Navigating the criminal justice system in New Orleans often feels like walking through a maze where the rules change depending on which side of the street you’re standing on. For those facing charges in Orleans Parish, one of the most critical—and often misunderstood—tools in a defense attorney’s arsenal is Louisiana Code of Criminal Procedure Article 701, commonly known as the 701 Rule.
If you or a loved one are currently being held in custody, understanding the 701 Rule isn’t just about legal theory; it’s about your fundamental right to a speedy trial and your immediate freedom.
What is the 701 Rule?
At its core, Article 701 sets strict “release dates” for the prosecution. When the police make an arrest, the District Attorney’s office doesn’t have an infinite amount of time to decide whether to formally charge you. The law dictates specific windows during which the state must either file a bill of information (formal charges) or release the defendant from their bond obligation.
In a city where the Orleans Justice Center (OJC) sits right across the street from the Criminal District Court, the 701 Rule serves as the ticking clock that keeps the system moving.
The Deadlines: How Long Can They Hold You?
The time limits under the 701 Rule depend heavily on the severity of the alleged offense and whether the individual is currently incarcerated.
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For Felonies: If you are in jail, the District Attorney generally has 60 days from the date of arrest to file formal charges. If you are out on bond, that limit extends to 150 days.
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For Misdemeanors: For those in custody, the limit is 30 days. If you are out on bond, the state has 90 days.
If these deadlines pass and the prosecution has not “instituted prosecution” by filing formal paperwork with the court, your defense team can file a 701 Motion to have you released from jail or to have your bond obligation vacated.
Why the “Across the Street” Perspective Matters
In New Orleans, the proximity of the jail to the courthouse creates a unique environment for legal defense. While the physical distance is short, the administrative gap can be vast. Files get lost, evidence takes time to process, and the DA’s office is often juggling a massive caseload.
The 701 Rule acts as a safeguard against “prosecutorial delay.” It prevents the state from keeping someone in limbo indefinitely without a formal accusation.
Strategic Advantages of the 701 Rule
Using the 701 Rule is a strategic move. It forces the prosecution to show their hand early. If the state is struggling to gather witnesses or finalize lab results, a 701 Motion puts immediate pressure on them to make a decision.
Benefits of a successful 701 Motion include:
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Immediate Release: If the deadline is missed, the court must order the defendant’s release from jail (though the charges themselves are not necessarily dismissed forever).
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Bond Relief: For those not in jail, it means no longer having to check in with a bondsman or deal with the financial burden of a secured bond.
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Leverage: Forcing a “701 release” can sometimes signal that the state’s case is weak, providing a better position for future negotiations or trial preparation.
How Go Crest Law Protects Your Rights
At Go Crest Law, we don’t wait for the state to take its time. We track 701 deadlines from the moment we take on a case. Our team understands the local nuances of the Orleans Parish court system and knows exactly when to file for your release.
Being charged with a crime is stressful enough; being held without a formal charge is an infringement on your liberty. We are dedicated to ensuring that “right across the street” doesn’t turn into a permanent residence because of a slow-moving system.
Take Action Today
If you or someone you know is sitting in OJC waiting for a court date that hasn’t been set, the clock is ticking. You need a legal team that knows how to use the 701 Rule to your advantage.
Don’t wait for the state to act. Contact Go Crest Law today for a consultation. Let us fight to get you out and protect your future. Our experienced attorneys are ready to provide the aggressive defense you deserve in the heart of New Orleans.
