French Quarter Festival is one of the best times to be in New Orleans. The music is world-class, the food is unmatched, and the energy is infectious. But for many locals and tourists alike, a day of celebration can take a sharp turn when an encounter with law enforcement goes from a “warning” to a set of handcuffs.
At Go Crest Law, we see it every year: people who thought they were just getting a ticket suddenly find themselves in the back of a cruiser. Understanding the difference between a summons and a custodial arrest is the key to staying out of the “Perdido Street Hilton” (Orleans Justice Center).
The Summons: A “Ticket” to Stay Free
In many cases involving municipal violations—like public intoxication, minor disturbances, or open container violations—officers have the discretion to issue a summons.
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What it is: A legal document that acts as your promise to appear in court at a later date.
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The Benefit: You are not taken into physical custody. You sign the paper, the officer hands you a copy, and you walk away to enjoy the rest of your day (ideally with a bit more caution).
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The Catch: Failing to show up for that court date will result in an alias warrant, meaning the next time you’re pulled over, you’re going straight to jail.
The “Ride to Perdido Street”: Custodial Arrest
Sometimes, the “trap” snaps shut. Instead of a summons, the officer decides on a full custodial arrest. This means you are handcuffed, transported to 2800 Perdido St., and booked into the Orleans Justice Center.
Why does this happen?
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Officer Discretion: If an officer believes you are a danger to yourself or others, or that you won’t show up for court, they can skip the summons.
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Escalation: This is the most common “trap.” Often, a minor interaction turns into a custodial arrest because of attitude or resistance. “Contempt of Cop” isn’t a legal charge, but it frequently leads to a “Disturbing the Peace” charge that comes with a ride to jail.
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Outstanding Warrants: Even if your current offense is minor, a quick name check might reveal an old unpaid ticket or a missed court date from years ago.
How to Avoid the Trap
If you are stopped by the NOPD or State Troopers during FQF, keep these three rules in mind:
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Keep Your Cool: Even if you feel the stop is unfair, being argumentative or aggressive significantly increases the likelihood of a custodial arrest over a summons.
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Identify Yourself: You are required to provide identification. Refusing to do so is a guaranteed way to ensure the officer takes you in to verify who you are.
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Check for Warrants Before You Go: If you have old tickets or legal “loose ends,” clear them up before festival season starts.
Already Caught in the Trap?
If you or a loved one ended up on Perdido Street instead of Royal Street, time is of the essence. A custodial arrest creates a permanent record and can lead to immediate complications with employment and travel.
Don’t let a festival mistake define your future.
At Go Crest Law, we specialize in navigating the New Orleans municipal and criminal court systems. We know the difference between a simple mistake and a legal nightmare.
Contact Go Crest Law today to protect your rights and get your life back on track.
