A high-profile Southwest Louisiana criminal case is back in the headlines today, and it raises two legal questions that are far more common than most people realize — questions that apply to anyone facing felony charges in Louisiana, not just former mayors.
Today, a presiding judge in Beauregard Parish judge heard — and ultimately denied — a motion for new trial filed by the attorneys for former DeRidder Mayor Misty Roberts. “Mayor Misty” was convicted on March 3, 2026 of carnal knowledge of a juvenile and indecent behavior with a juvenile, both felonies, following a jury trial in the 36th Judicial District Court. Her sentencing is currently scheduled for June 9, 2026.
Two legal issues at the center of today’s hearing deserve explanation: what a motion for new trial actually is under Louisiana law, and why Roberts has remained free since her conviction.
What Is a Motion for New Trial in Louisiana?
A motion for new trial is not the same as an appeal. This distinction matters enormously for defendants and their families to understand.
An appeal is filed in a higher court after sentencing and asks that court to review whether legal errors occurred during the trial. A motion for new trial, by contrast, is filed in the same trial court that presided over the original proceedings. It asks the trial judge, who was the judge who presided over the trial itself, to set aside the jury’s verdict and begin the case again.
Under Louisiana Code of Criminal Procedure Article 853, a motion for new trial must generally be filed and resolved before sentencing. Because Roberts has not yet been sentenced, her attorneys filed within the legally permitted window. The judge heard the motion today and denied it. Sentencing remains scheduled for June 9.
Louisiana law sets out specific grounds on which a motion for new trial may be granted. These include:
- A verdict that is contrary to the law and the evidence
- Newly discovered evidence that was not available at the time of trial
- Prosecutorial misconduct that prejudiced the defendant’s right to a fair trial
- Jury misconduct
The full statutory framework governing motions for new trial in Louisiana criminal proceedings is found at Louisiana Code of Criminal Procedure Article 853.
Why Was Misty Roberts Permitted to Remain Free After Her Conviction?
Many people are surprised to learn that a person convicted of a felony can remain out of custody between the verdict and sentencing. This is not automatic — it depends on the judge permitting it after request by the defense attorney following the conviction, as well as the bond surety company agreeing to remain on the bond.
In Roberts’ case, the judge previously ruled she was permitted to remain on her bond until sentencing and her surety bond contained a specific stipulation permitting her bondsman to extend the bond through the post-conviction period.
This is not a standard arrangement. Most defendants convicted of multiple felonies are not permitted to remain on bond between conviction and sentencing. This is precisely why bond reduction and bond structuring are critical steps in any serious criminal defense strategy. This advocacy is required from the initial arrest until sentencing after the trial takes place.
Frequently Asked Questions
Can a convicted defendant request a new trial in Louisiana?
Yes. Under Louisiana Code of Criminal Procedure Article 853, a defendant may file a motion for new trial after conviction, provided it is filed and resolved before sentencing. It is not an appeal — it is a request to the same trial court to set aside the jury’s verdict and restart the proceedings. Grounds include a verdict contrary to the law and the evidence, newly discovered evidence, prosecutorial misconduct, and jury misconduct.
Can a convicted person remain out on bond before sentencing?
A felony conviction does not automatically result in immediate imprisonment. A defendant may remain free on bond between conviction and sentencing if the court permits it and the bond agreement allows for a post-conviction extension. This is not standard and depends entirely on how the bond was originally structured.
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