Louisiana Code of Criminal Procedure 314 – Authority to fix bail; bail order
Terms Used In Louisiana Code of Criminal Procedure 314
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. The following magistrates, throughout their several territorial jurisdictions, shall have authority to fix bail:
(1) District courts and their commissioners having criminal jurisdiction, in all cases.
(2) City or parish courts and municipal and traffic courts of New Orleans having criminal jurisdiction, in cases not capital.
(3) Mayor’s courts and traffic courts in criminal cases within their trial jurisdiction.
(4) Juvenile and family courts in criminal cases within their trial jurisdiction.
(5) Justices of the peace in cases not capital or necessarily punishable at hard labor.
B. An order fixing bail shall be in writing, set the type and a single amount of bail for each charge, designate the officer or officers authorized to accept the bail, and shall be signed electronically or by any other means by the magistrate. An order fixing bail may issue on request of the state or defendant, or on the initiative of the magistrate.
Amended by Acts 1974, Ex.Sess. No. 18, §1, eff. Jan. 1, 1975; Acts 1981, No. 438, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, 1, eff. Jan. 1, 2017.