Louisiana Code of Criminal Procedure Article 314 identifies which magistrates may fix bail and issue a bail order. Knowing who has authority — and where — can matter when you need release quickly.
What the Statute Says
Art. 314. Authority to fix bail; bail order
A. The following magistrates, throughout their several territorial jurisdictions, shall
have authority to fix bail:
(1) District courts and their commissioners having criminal jurisdiction, in all cases.
(2) City or parish courts and municipal and traffic courts of New Orleans having
criminal jurisdiction, in cases not capital.
(3) Mayor’s courts and traffic courts in criminal cases within their trial jurisdiction.
(4) Juvenile and family courts in criminal cases within their trial jurisdiction.
(5) Justices of the peace in cases not capital or necessarily punishable at hard labor.
B. An order fixing bail shall be in writing, set the type and a single amount of bail
for each charge, designate the officer or officers authorized to accept the bail, and shall be
signed electronically or by any other means by the magistrate. An order fixing bail may issue
on request of the state or defendant, or on the initiative of the magistrate.
§1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, 1, eff. Jan. 1, 2017.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 314 Matters to Your Defense
Article 314 matters because bail must be set by a magistrate with proper authority. Understanding this structure helps ensure bail is addressed promptly and by the right official, avoiding unnecessary delay in custody.
Delays or confusion about who can set bail can keep a person detained longer than necessary, making this seemingly technical article quite practical.
How Our Attorneys Use Article 314
We move quickly before the appropriate magistrate to have bail fixed, and we are prepared to seek relief if the proper authority does not act. Speed is often essential to getting a client released.
We use Article 314 together with the right-to-bail rules of Article 312. See our Louisiana criminal procedure overview.
Frequently Asked Questions
Under Article 314, specified magistrates throughout their territorial jurisdictions have authority to fix bail and issue a bail order.
Bail should be addressed promptly. Knowing which magistrate has authority under Article 314 helps avoid unnecessary delay in custody.
A bail order is the magistrate’s order setting the conditions and amount of bail for a defendant’s release.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves the setting of 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.