Bail After an Arrest
La. C.Cr.P. art. 312 — a person in custody is entitled to bail before conviction, except as the code provides
Bail is the security given to assure a defendant appears in court. A person in custody charged with an offense is entitled to bail before conviction, except where the code provides otherwise.
- The seriousness of the offense, and whether it is a crime of violence, a sex offense or a drug offense.
- The weight of the evidence and the defendant's record.
- The defendant's ability to give bail.
- The danger the defendant's release would pose, and whether a weapon was used.
| Held in custody on | Charges filed within |
|---|---|
| Held in custody onA misdemeanor | Charges filed within30 days of the arrest |
| Held in custody onA felony | Charges filed within60 days of the arrest |
| Held in custody onA felony punishable by death or life | Charges filed within120 days of the arrest |
If no charge is filed in time and the district attorney shows no just cause, the defendant is released. Out of custody, the limits are 90 days for a misdemeanor and 150 days for a felony.
Sources for this section (4)
- La. C.Cr.P. art. 311 — Definitions
- La. C.Cr.P. art. 312 — Right to bail before and after conviction
- La. C.Cr.P. art. 316 — Factors in fixing amount of bail
- La. C.Cr.P. art. 701 — Right to a speedy trial
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.