What To Do If You Get Arrested in New Orleans?

Getting arrested in New Orleans can be an overwhelming and frightening experience—whether you’re a lifelong resident, a college student, or a visitor enjoying the city’s nightlife. One moment you’re navigating daily life or out with friends; the next, you’re in handcuffs, unsure of what happens next. In a city known for its vibrant culture, festivals, and parties, it’s not uncommon for things to spiral out of control quickly. But regardless of the circumstances, it’s important to know that you still have rights—and what you do immediately after an arrest can significantly impact your case.

Understanding the arrest process in Orleans Parish, knowing what not to say to law enforcement, and ensuring you have an experienced New Orleans criminal defense attorney by your side can make all the difference. This guide breaks down what you need to do—from the moment of arrest to your first court appearance—so you can protect yourself, preserve your legal rights, and avoid making costly mistakes.

1. Stay Calm and Don’t Resist

The most important thing you can do in the moments after being approached or detained by law enforcement in New Orleans is to stay calm. Emotions may be running high—especially if you believe the arrest is unjustified—but reacting impulsively can quickly make things worse. Even if you’re scared, confused, or angry, it’s critical to keep your composure.

Do not argue with the officers, raise your voice, or try to talk your way out of the situation. Never attempt to run away, pull away, or physically resist in any way. Resisting arrest—even passively—can lead to additional charges, such as resisting an officer or battery on a police officer, which carry serious legal consequences in Louisiana.

Instead, follow instructions as calmly and respectfully as possible. Keep your hands visible at all times, avoid sudden movements, and do not answer questions beyond providing your name and basic identifying information. Remember, anything you say or do during this time can be used as evidence against you in court. Staying silent and cooperative not only helps de-escalate the situation, but it also protects your rights and preserves your legal defense moving forward.

Remaining calm doesn’t mean giving up your rights—it means exercising them wisely. And the smartest thing you can do is say as little as possible until you have a skilled New Orleans criminal defense attorney

2. Exercise Your Right to Remain Silent

Aside from providing your name and basic identifying information (such as your date of birth), you are under no obligation to answer any other questions from law enforcement. And you shouldn’t.

Even if you think you can explain what happened, clear up a misunderstanding, or talk your way out of being arrested, it’s far too easy to say something that could later be twisted or taken out of context. That’s why it’s critical to remain firm and respectful.

Simply say: “I am exercising my right to remain silent. I would like to speak with an attorney.”Then stop talking. Don’t explain, justify, or try to fill the silence. Even casual comments or offhand remarks can be documented, misinterpreted, and used as evidence in court. Protecting your rights starts with staying quiet and waiting for an experienced New Orleans criminal defense attorney to guide you through your next steps.

3. Don’t Consent to a Search

If you’re stopped or arrested in New Orleans, the police may ask to search your car, home, bag, or pockets. This is a crucial moment, and it’s important to understand your rights. Unless officers have a valid search warrant, your clear and verbal consent is often required for them to legally conduct a search. That means you have the right to say no—and you should.

If law enforcement asks for permission, respond calmly and firmly with: “I do not consent to a search.” You don’t need to raise your voice, argue, or physically interfere. Simply make your refusal clear and let them proceed if they choose to do so without your consent.

Why does this matter? Even if the police go ahead with the search anyway, your objection can become an important part of your defense. If the search is later found to be illegal, your attorney may be able to get any evidence they found suppressed—meaning it can’t be used against you in court.

Always remember: consenting to a search means giving up an important legal protection. Don’t feel pressured to agree, even if officers make it seem like cooperating will help your situation. It won’t. Politely asserting your rights now could make all the difference in how your case unfolds later.

4. Contact a Criminal Defense Attorney Immediately

This is the most important step. If you’re arrested in New Orleans, call a criminal defense attorney as soon as possible—or have a loved one do it for you.

An experienced local attorney can:

• Help protect your rights while in custody
• Speak on your behalf during your first court appearance
• Request a bail reduction or argue for your release
• Start building your defense right away

Your first court appearance (also known as a 72-hour hearing) typically happens within three days of arrest. Having a lawyer present can make a big difference.

5. Know Where You’ll Likely Be Taken

Most individuals arrested in New Orleans are taken to the Orleans Justice Center (OJC)—the city’s main jail facility located at 2800 Perdido Street. Once you arrive, you’ll go through the standard booking process. This typically includes being searched, fingerprinted, photographed, and entered into the system. You may also be asked basic questions about your identity, but remember—you still have the right to remain silent beyond confirming who you are.

After booking, you’ll wait for a judge to review your case, which usually happens within 72 hours. This initial court appearance, often called a first appearance or magistrate hearing, is where the judge determines whether there was probable cause for your arrest and sets the terms of your release.

At this stage, the court may set a bail amount, which is money you must pay to be released while your case is pending. However, your criminal defense attorney can request a lower bail or argue for release on your own recognizance (ROR). If granted, ROR allows you to go home without having to post bail, based on your promise to return for future court dates. Factors such as your ties to the community, employment, and prior criminal history may influence the judge’s decision.

Having an experienced New Orleans criminal defense attorney at this stage is critical—they can advocate on your behalf and potentially secure your release much sooner. Don’t try to navigate this process alone. The 

6. Don’t Talk About Your Case on the Phone

Once you’re booked into jail, you’ll likely be given the opportunity to make a phone call. It’s important to understand that all jail phone calls are recorded and monitored, including those made from the Orleans Justice Center. Even if you’re calling a close friend, parent, spouse, or sibling, you should assume that law enforcement is listening.

That means you should never discuss the details of your arrest, the charges against you, or what happened leading up to the incident—even if your loved one is simply trying to understand what’s going on. It may feel harmless to explain your side of the story, but prosecutors can and often do use recorded calls as evidence in court.

The safest thing to do is keep the call short and focused. Let your family or friend know that you’re okay and that you need help finding a New Orleans criminal defense attorney as soon as possible. Reassure them that you can talk more when you’re able to speak with your lawyer in private.

In stressful moments, it’s easy to forget how much your words matter. But when it comes to jail phone calls, less is more—and silence about the details of your case is your best defense.

7. Follow All Court Instructions After Release

If you’re released from jail, whether on bail or recognizance, make sure you:

• Show up to all court dates
• Follow any conditions the judge sets
• Stay in regular contact with your attorney

Missing court can lead to a warrant for your arrest and more legal trouble.

Need Help Right Now? Call a New Orleans Criminal Defense Attorney

If you’ve been arrested or think you may be soon, the smartest move you can make is immediately calling Craig Mordock, an experienced New Orleans criminal defense attorney who knows exactly how the local justice system works. From the moment you’re in trouble, Craig can step in to protect your rights, shield you from costly mistakes, and start building a strong defense on your behalf.

Don’t wait until it’s too late. Call Craig as soon as possible to protect your future.

📞 Call Craig now at 504-304-2335.

📍 Serving clients across New Orleans with the experience and local knowledge you need.