Louisiana Code of Criminal Procedure Article 291 identifies which magistrates may conduct preliminary examinations — the early hearing that tests whether there is probable cause to hold a defendant for trial. The preliminary examination is one of the defense’s most valuable early tools.
What the Statute Says
Art. 291. Authority to conduct preliminary examinations
The following magistrates, throughout their several territorial jurisdictions, shall have authority to conduct preliminary examinations of persons accused of felonies, with authority to bail or discharge, as follows:
(1) District courts having criminal jurisdiction, in all cases;
(2) City or parish courts having criminal jurisdiction, in cases not capital; and
(3) Justices of the peace in cases not capital or necessarily punishable at hard labor.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 291 Matters to Your Defense
Article 291 matters because it establishes the authority for a proceeding that can expose the strength — or weakness — of the State’s case early on. A preliminary examination can lead to release, reduced charges, or invaluable discovery.
Knowing who may conduct the examination, and ensuring it happens, protects a defendant’s right to test probable cause before being committed for trial.
How Our Attorneys Use Article 291
We invoke the preliminary examination to challenge probable cause and to lock in witness testimony under oath. The hearing often reveals gaps we use throughout the case.
We pair this with the scope rules in Article 296. See our Louisiana criminal procedure overview for how the preliminary exam fits the timeline.
Frequently Asked Questions
It is an early hearing to determine whether there is probable cause to hold a defendant for trial. Article 291 identifies which magistrates may conduct it.
It tests the State’s probable cause, can lead to release or reduced charges, and provides valuable discovery and sworn testimony early in the case.
Under Article 291, specified magistrates throughout their territorial jurisdictions have authority to conduct preliminary examinations.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves a preliminary examination, the procedural details can shape the entire outcome. The Ambeau Law Firm knows how to hold the State to the rules. Contact us or call (225) 330-7009 for a free, confidential consultation.