Louisiana Code of Criminal Procedure 930.5 – Custody pending retrial; bail
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Terms Used In Louisiana Code of Criminal Procedure 930.5
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- Custody: means detention or confinement, or probation or parole supervision, after sentence following conviction for the commission of an offense. See Louisiana Code of Criminal Procedure 924
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
If a court grants relief under an application for post conviction relief, the court shall order that the petitioner be held in custody pending a new trial if it appears that there are legally sufficient grounds upon which to reprosecute the petitioner.
In such a case, the petitioner shall be entitled to bail on the offense as though he has not been convicted of the offense.
Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.