Louisiana Code of Criminal Procedure Article 312 governs the right to bail before and after conviction. Whether you can secure release while your case is pending often determines your ability to work, support your family, and fully participate in your own defense.
What the Statute Says
Art. 312. Right to bail before and after conviction
A. Except as provided in this Article and Article 313, a person in custody who is
charged with the commission of an offense is entitled to bail before conviction.
B. A person released on a previously posted bail undertaking for (1) a crime of
violence as defined by R.S. 14:2(B) which carries a minimum mandatory sentence of
imprisonment upon conviction or (2) the production, manufacture, distribution, or dispensing
or possession with intent to produce, manufacture, distribute, or dispense a controlled
dangerous substance as defined by the Louisiana Uniform Controlled Dangerous Substances
Law, shall not be readmitted to bail when the person previously failed to appear and a
warrant for arrest was issued and not recalled or the previous bail undertaking has been
revoked or forfeited. If a person voluntarily appears without confinement by a law
enforcement officer or bail recovery agent following a motion to revoke bail or issuance of
an arrest warrant for failure to appear but prior to revocation or forfeiture, then he may be
released only under one of the following circumstances:
(1) After a contradictory hearing, a person may be released on the previously posted
bail undertaking if the motion to revoke bail is rescinded or the arrest warrant is recalled and
the surety is present or represented at the hearing and gives written consent. Previous
instances of revocation and forfeiture in unrelated cases are admissible at the hearing. This
relief is available only once.
(2) A person may be released on a new bail undertaking without a contradictory
hearing only on bail with a commercial surety and in an amount higher than the original bail.
C. A defendant who has been surrendered under the provisions of Article 331, or has
been rearrested under the provisions of Article 332, is entitled to bail in accordance with this
[Excerpt — see the full text at the official source linked below.]
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 312 Matters to Your Defense
Article 312 matters because it defines who is eligible for bail and under what conditions, including the exceptions for certain serious offenses. Securing release on reasonable terms is frequently the first and most urgent goal in a criminal case.
Bail eligibility is not always straightforward, and the difference between release and detention can hinge on how the article and its exceptions are applied to your charges.
How Our Attorneys Use Article 312
We move promptly for bail or for a reduction in bail, marshaling facts about ties to the community, employment, and the strength of the State’s case. Early, effective bail advocacy can get clients home quickly.
We pair Article 312 with the bail-setting and modification rules of Article 316 and Article 319. See our Louisiana criminal procedure overview.
Frequently Asked Questions
Article 312 establishes a right to bail in most cases before and after conviction, subject to exceptions for certain serious offenses and other conditions.
Yes, in certain circumstances. Article 312 and related provisions set out exceptions where bail may be denied or restricted, particularly for the most serious charges.
Bail should be addressed early. Prompt advocacy can lead to release or a reduction in the amount, which is why retaining counsel quickly matters.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves your right to bail, 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.