A 701 motion in Louisiana is a defendant’s formal request under Code of Criminal Procedure Article 701 asking the court to enforce the state’s speedy trial deadlines, either by forcing the prosecution to move the case forward or by releasing the defendant when it fails to. If the state misses a deadline and cannot show just cause, the court orders you released from custody or discharges your bail obligation.1Justia Law. Louisiana Code of Criminal Procedure Art. 701 – Right to a Speedy Trial
What a Winning 701 Motion Actually Does
Start here, because this is where most people misunderstand the motion. A successful 701 motion gets you out of jail or frees you from your bail obligation. It does not dismiss the charges. The prosecution can still try the case; it just cannot keep you locked up or tied to bond conditions while it drags its feet.
So think of a 701 motion as pressure, not an exit. The pressure can be significant, especially if you’re sitting in jail waiting for the state to act, but the case remains alive until the charges are resolved or the prescriptive period for the offense expires.
Charging Deadlines After Arrest
The first clock in Article 701 runs automatically from the moment you’re arrested. It governs how long the state has to file an indictment or bill of information. The time it gets depends on the charge and whether you’re in custody.
If You’re Held in Custody
- Misdemeanor: 30 days from arrest.
- Felony: 60 days from arrest.
- Felony carrying death or life imprisonment: 120 days from arrest.
If the state misses the window and cannot show just cause at a hearing, the court must release you from custody. If just cause is shown, the court reconsiders bail rather than letting the clock keep running indefinitely.1Justia Law. Louisiana Code of Criminal Procedure Art. 701 – Right to a Speedy Trial
If You Were Released on Bail
The charging deadlines still apply, just stretched longer. The prosecution has 90 days for a misdemeanor and 150 days for a felony. Miss those without just cause, and the court discharges your bail obligation, so you’re no longer bound to bail conditions or at risk of forfeiting a bond.1Justia Law. Louisiana Code of Criminal Procedure Art. 701 – Right to a Speedy Trial
Trial Deadlines, Which Only Start When You Ask
The second clock in Article 701 controls how quickly trial itself must begin. Unlike the charging clock, it does not run on its own. It starts only after you file a motion for a speedy trial. If you never file, the trial-commencement deadlines never apply, and the state has no reason to point this out to you.
Once the motion is properly filed, trial must begin within:
- Felony, in custody: 120 days.
- Felony, not in custody: 180 days.
- Misdemeanor, in custody: 30 days.
- Misdemeanor, not in custody: 60 days.
If trial does not start in time and the prosecution cannot show just cause, the court releases the defendant without bail or discharges the bail obligation.1Justia Law. Louisiana Code of Criminal Procedure Art. 701 – Right to a Speedy Trial
How the Motion Is Filed
The motion should lay out the relevant dates: when you were arrested, what charges were filed, when arraignment occurred, and how far past the statutory deadline the case has drifted. Arrest records and court minute entries help make the timeline concrete.
It must also carry an affidavit from your attorney certifying that both of you are ready to go to trial within the time Article 701 allows. Without that affidavit, the motion is technically invalid.1Justia Law. Louisiana Code of Criminal Procedure Art. 701 – Right to a Speedy Trial
If a defendant files without counsel and without the affidavit, the court does not toss the motion. Article 701 requires the court to set the unverified motion for a hearing within 30 days, which gives self-represented defendants a path even when the motion lacks formal validity.1Justia Law. Louisiana Code of Criminal Procedure Art. 701 – Right to a Speedy Trial
File the motion with the clerk of court in the parish where the case is pending, and serve a copy on the district attorney’s office so the prosecution has notice and a chance to respond.
The Hearing and the Just Cause Standard
After filing and service, the court holds a contradictory hearing where both sides argue. The central question is whether the prosecution can show just cause for the delay. The burden sits with the state. If the district attorney cannot justify it, the court grants the motion and orders release or discharges bail.
Article 701 does not spell out a list of what qualifies, but just cause generally means circumstances genuinely outside the state’s control: unavailable witnesses, investigative complexity, or delays caused by the defense itself. If you or your lawyer asked for continuances or filed motions that slowed the case, expect the prosecution to lean on that.
How Filing Other Motions Can Undo Your Clock
One trap worth knowing: if you file a 701 motion and then file another motion that needs a hearing, like a motion to suppress, the court can suspend your pending speedy trial motion. The trial clock pauses from the time the new motion is filed until the court rules on it. If the court finds the later motion was filed in bad faith, it can dismiss the speedy trial motion entirely.1Justia Law. Louisiana Code of Criminal Procedure Art. 701 – Right to a Speedy Trial
Timing matters. A suppression motion filed after your 701 motion can hand the prosecution exactly the delay it needs to defeat your speedy trial claim.
Federal Charges Are a Different System
Article 701 governs Louisiana state prosecutions. If you’re facing federal charges, the federal Speedy Trial Act controls instead, and the remedy is stronger: trial must begin within 70 days of indictment or first court appearance, whichever is later, and missing the deadline requires dismissal of the indictment, with the judge deciding whether that dismissal is with or without prejudice.2Office of the Law Revision Counsel. 18 U.S. Code 3161 – Time Limits and Exclusions A winning 701 motion in state court gets you out; a winning federal speedy trial motion can end the case.