Why So Many Cases Are “Refused” in Orleans Parish: A Guide to the DA Screening Process

If you or a loved one has been arrested by the NOPD, the period following the booking is often the most confusing. You may hear the term “Refused” at a 701 hearing or from a bond agent. In Orleans Parish, the District Attorney’s office refuses a significant percentage of cases presented by the police.

While the public often views this as a “revolving door,” a refusal is a specific legal action taken by the Orleans Parish District Attorney (OPDA) during the screening process. At Go Crest Law, we help our clients navigate this gap between arrest and prosecution.

1. Probable Cause vs. Beyond a Reasonable Doubt

One of the primary reasons for a New Orleans case refusal is the difference in evidentiary standards.

• The Arrest: Police only need “Probable Cause” to make an arrest.

• The Prosecution: To win a conviction, the DA must prove guilt “Beyond a Reasonable Doubt.”

If the DA’s screening division determines that the evidence—such as a shaky witness identification or lack of physical evidence—won’t hold up in an Orleans Parish Criminal District Court, they will refuse to accept the charges to avoid a losing trial.

2. Louisiana Code of Criminal Procedure Article 701

In New Orleans, the “clock” is always ticking. Under La. C.Cr.P. Art. 701, the District Attorney has a strict time limit to file formal charges (an Information or Indictment) while a person is in custody or on bond.

If the NOPD fails to turn over police reports or body cam footage in time for the DA to review them, the DA may “refuse” the case simply because the legal deadline has passed. This is often referred to as a “701 Release.”

3. Witness Availability and Cooperation

New Orleans prosecutors face unique challenges with witness testimony. Cases are frequently refused because:

• Witness Unavailability: If a key witness cannot be located or has moved out of state.

• Non-Cooperation: In many domestic violence or battery cases, the complaining witness may choose not to pursue charges.

• Credibility Issues: If a witness’s story changes significantly between the 911 call and the DA interview.

4. Evidence Backlogs and Lab Testing

Louisiana’s crime labs often face significant backlogs. If a case relies heavily on DNA evidence, ballistics, or narcotics testing, the DA may refuse the case temporarily if the lab results aren’t ready.

Warning: A “Refusal” is not always permanent. In Louisiana, the DA can “reinstate” or “re-file” charges later if new evidence or lab results come in, provided it is within the Statute of Limitations.

Understanding the Orleans Parish Legal Process

What Should You Do if Your Case is Refused?

A refusal is a favorable outcome, but it is not a “Not Guilty” verdict. The arrest still exists on your permanent record and can be seen by employers, landlords, and credit agencies.

1. Monitor for Re-filing

The State often has years to change its mind. Go Crest Law monitors the court portal to ensure our clients aren’t surprised by an attachment for an old case that was suddenly reinstated.

2. File for an Expungement

Even if the DA says “no,” your background check says “yes” to an arrest. We specialize in Orleans Parish expungements, helping you scrub “Refused” charges from your public record so you can move forward with your life.

3. Seek Pre-Trial Intervention (PTI)

In some cases, the DA refuses a case because the defendant successfully completed a diversion program. We negotiate with the DA’s screening division early to secure these outcomes before a formal charge is ever filed.

Consult an Orleans Parish Criminal Defense Lawyer

Don’t leave your future to the whims of the DA’s screening division. If you’ve been arrested in New Orleans, you need a proactive defense.

[Contact Go Crest Law today] to discuss your case status and protect your record.