Police report time limit?

[vikki40]

What is the name of your state? Louisiana

My son was arrested by campus police, transported to local police dept. and charged with two counts each of assault of police officers and resisting arrest. He posted bail and was released the same night. He received a court date and days prior to that court date he was called by assigned public defender and told the court date would not be an arraignment because there has been no police report filed by the campus police yet and therefore no DA court case assigned. Public defender stated this could go on several months, rescheduling arraignment date and there was no time limit for campus police to file report. He called the DA's office and they told him campus police, per the law, were to file report asap? What is the law? And what defines asap in this case? As it stands his case has been rescheduled twice since the incident nearly two months ago. Thanks for the help.

 

[lwpat]

You are asking for specific legal advice which is beyond the scope of this forum. One, it sounds like you are receiving second-hand information from your son which may or may not be true. Two, if a public defender has been assigned then you need to call him with your questions since he is an attorney familar with state/local/campus law and has the case file.

You may also want to find out the exact charges and the possible consequences. Misdemeanors are one thing, felonies another. Once you have the true facts you may want to consider retaining an attorney.

 

[vikki40]

Thanks for the response-the information is not second hand-I was stating what the public defender said as I was on conference call with him and my son. I am very clear on the charges-I contacted the DA's office as instructed by the public defender for more information-that is also when I was told of the 'ASAP' guideline. I would think their offices would give consistent procedural guidelines they are to follow.

 

[lwpat]

This is the statue with regards to a defendants right to a speedy trial.
TITLE XXIV
PROCEDURES PRIOR TO TRIAL

CHAPTER 1. SETTING CASES FOR TRIAL

Art. 701. Right to a speedy trial

A. The state and the defendant have the right to a speedy trial.

B. The time period for filing a bill of information or indictment after arrest shall be as follows:

(1) When the defendant is continued in custody subsequent to an arrest, an indictment or information shall be filed within forty-five days of the arrest if the defendant is being held for a misdemeanor and within sixty days of the arrest if the defendant is being held for a felony.

(2) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony.

Failure to institute prosecution as provided in Subparagraph (1) shall result in release of the defendant if, after contradictory hearing with the district attorney, just cause for the failure is not shown. If just cause is shown, the court shall reconsider bail for the defendant. Failure to institute prosecution as provided in Subparagraph (2) shall result in the release of the bail obligation if, after contradictory hearing with the district attorney, just cause for the delay is not shown.

C. Upon filing of a bill of information or indictment, the district attorney shall set the matter for arraignment within thirty days unless just cause for a longer delay is shown.

D.(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant's counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article. After the filing of a motion for a speedy trial by the defendant and his counsel the time period for commencement of trial shall be as follows:

(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.

(b) The trial of a defendant charged with a misdemeanor shall commence within thirty days if he is continued in custody and within sixty days if he is not continued in custody.

(2) Failure to commence trial within the time periods provided above shall result in the release of the defendant without bail or in the discharge of the bail obligation, if after contradictory hearing with the district attorney, just cause for the delay is not shown.

E. "Just cause" as used in this Article shall include any grounds beyond the control of the State or the Court.

F. A motion for a speedy trial filed by the defendant, but not verified by the affidavit of his counsel, shall be set for contradictory hearing within thirty days.