How Bail Amount is Determined


Louisiana Code of Criminal Procedure Articles for Bail


Art. 316. Factors in fixing amount of bail

            The amount of bail shall be fixed in an amount that will ensure the presence of the defendant, as required, and the safety of any other person and the community, having regard to:

            (1) The seriousness of the offense charged, including but not limited to whether the offense is a crime of violence or involves a controlled dangerous substance.

            (2) The weight of the evidence against the defendant.

            (3) The previous criminal record of the defendant.

            (4) The ability of the defendant to give bail.

            (5) The nature and seriousness of the danger to any other person or the community that would be posed by the defendant's release.

            (6) The defendant's voluntary participation in a pretrial drug testing program.

            (7) The absence or presence in the defendant of any controlled dangerous substance.

            (8) Whether the defendant is currently out on a bail undertaking on a previous felony arrest for which he is awaiting institution of prosecution, arraignment, trial, or sentencing.

            (9) Any other circumstances affecting the probability of defendant's appearance.

            (10) The type or form of bail.

            Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.

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