New Orleans District Attorney's Office: Prosecution and Policy

The Orleans Parish District Attorney's Office holds the prosecutorial authority for criminal cases arising within Orleans Parish, making charging decisions on felonies, misdemeanors, and a range of specialized case categories. Its policies directly shape incarceration rates, case dismissal patterns, and the experience of crime victims and defendants across the parish. This page covers the office's legal definition, operational mechanics, common case scenarios, and the boundaries that define what falls within — and outside — its authority.

Definition and scope

The District Attorney for Orleans Parish is a constitutional officer established under Louisiana Constitution Article V, Section 26, which grants district attorneys exclusive authority to institute criminal prosecutions on behalf of the State of Louisiana within their judicial district. Orleans Parish constitutes the 1st Judicial District of Louisiana's criminal court system, and the DA's Office is the sole body with the power to file felony charges in Orleans Parish Criminal District Court.

The office operates independently of the New Orleans Police Department, the Mayor's Office, and the City Council, though it functions within the broader constellation of New Orleans city government. It is funded through a combination of state appropriations and local tax revenues, and the elected District Attorney serves a 6-year term under Louisiana law (La. R.S. 16:1).

Scope limitations: The DA's Office covers criminal matters in Orleans Parish only. Federal crimes prosecuted in the Eastern District of Louisiana fall under the U.S. Attorney's Office, not the DA. Crimes alleged to have occurred in Jefferson Parish, St. Bernard Parish, or any other adjacent parish fall under those parishes' respective district attorneys — not the Orleans Parish office. Civil disputes are handled separately through Orleans Parish Civil District Court. Juvenile delinquency matters, while technically subject to DA involvement, are adjudicated in New Orleans Juvenile Court under a distinct procedural framework.

How it works

When the New Orleans Police Department or another law enforcement agency makes an arrest, the case file is transferred to the DA's Office, which then conducts an independent review. A prosecutor — called an Assistant District Attorney (ADA) — evaluates the evidence and determines whether to:

1. Accept the charge and file a bill of information or seek a grand jury indictment
2. Reduce the charge to a lesser offense
3. Decline to prosecute (commonly called a "no bill" or "declination")
4. Divert the case to a pre-trial intervention or specialty court program

For felony charges carrying a potential sentence of hard labor, Louisiana law (La. C.Cr.P. Art. 382) requires either a grand jury indictment or a preliminary examination before a case proceeds. The DA's Office convenes grand jury proceedings before a 12-person panel drawn from Orleans Parish voter and driver rolls.

The office also manages victim and witness services, coordinates with the Orleans Parish Sheriff's Office on custody matters, and interacts with the New Orleans Police Department on investigative follow-up. Prosecutors are assigned to specialty divisions that include homicide, sexual assault, domestic violence, narcotics, and economic crimes.

Diversion programs — such as drug court, mental health court, and pre-trial intervention tracks — represent a structurally distinct pathway from standard prosecution. Defendants accepted into these programs may have charges dismissed upon successful completion, bypassing traditional conviction and sentencing.

Common scenarios

The following case types represent the most frequent categories processed by the Orleans Parish DA's Office:

• Violent felonies (murder, attempted murder, armed robbery, aggravated assault): These are assigned to senior ADAs in the homicide or major crimes division. Prosecutions in this category are most likely to proceed to trial or result in plea agreements carrying substantial sentences.
• Drug offenses: Louisiana revised its drug statutes significantly through Act 145 of 2017, reducing penalties for simple possession of controlled substances. The DA's Office may route eligible defendants toward drug court rather than conventional prosecution.
• Domestic violence: Under Louisiana law, domestic abuse battery is a misdemeanor on first offense (La. R.S. 14:35.3) but escalates to felony status on subsequent convictions. The DA's Office maintains a dedicated domestic violence unit.
• Property crimes (burglary, theft, auto theft): These form a high-volume category in which declination rates have historically been significant due to evidentiary gaps at the time of arrest.
• Traffic and DWI matters: While minor traffic offenses route to New Orleans Traffic Court, felony DWI cases (typically a fourth or subsequent offense under Louisiana law) are prosecuted in Criminal District Court.

Decision boundaries

The prosecutorial discretion exercised by the DA's Office operates within a framework that distinguishes the office from adjacent institutions in important ways.

DA vs. City Attorney: The New Orleans City Attorney's Office handles civil litigation and legal counsel for city departments. It does not prosecute criminal cases. The DA prosecutes on behalf of the State of Louisiana, not the City of New Orleans — a distinction that matters when state and local priorities diverge.

DA vs. Inspector General: The New Orleans Inspector General investigates government fraud and misconduct but has no prosecutorial authority. Referrals from the IG's Office that rise to criminal conduct must be forwarded to the DA or federal prosecutors for action.

Charging discretion and policies: The elected DA sets internal charging policies that govern how ADAs handle specific offense categories. These policies — which can include presumptions against prosecution for certain low-level offenses or mandatory charge enhancement for repeat violent offenders — are administrative, not statutory, and can shift with each electoral cycle. Louisiana voters elect the DA in a partisan primary under the Louisiana Election Code (La. R.S. Title 18).

Limitations on the office's reach: The DA cannot compel law enforcement agencies to arrest, cannot reverse judicial rulings, and cannot retroactively alter sentences once imposed. Post-conviction relief, including sentence commutation, falls under the authority of the Louisiana Board of Pardons and the Governor's office.

References

• Louisiana Constitution, Article V, Section 26 — District Attorneys
• Louisiana Code of Criminal Procedure, Article 382 — Grand Jury Indictment
• Louisiana Revised Statutes, Title 16, §1 — District Attorneys
• Louisiana Revised Statutes, §14:35.3 — Domestic Abuse Battery
• Louisiana Act 145 of 2017 — Criminal Justice Reform
• Louisiana Revised Statutes, Title 18 — Louisiana Election Code
• Orleans Parish District Attorney's Office — Official Site
• Louisiana Supreme Court — Judicial Districts Reference