Louisiana Code of Criminal Procedure Article 316 lists the factors used to set the amount of bail — chiefly ensuring the defendant’s appearance, while weighing the offense, the person’s circumstances, and public safety. These factors are the battleground for arguing a fair, affordable bail.
What the Statute Says
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.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 316 Matters to Your Defense
Article 316 matters because the bail amount must be tailored to legitimate factors, not set arbitrarily high. Excessive bail that effectively denies release can be challenged, and the statutory factors give the defense concrete arguments for a reasonable amount.
Each factor — ties to the community, employment, criminal history, the nature of the charge — is an opportunity to advocate for terms a client can actually meet.
How Our Attorneys Use Article 316
We marshal the Article 316 factors in our client’s favor, presenting evidence of community ties, stable employment, and low flight risk to argue for a fair bail. Where bail is excessive, we seek a reduction.
We combine this with modification motions under Article 319. See our Louisiana criminal procedure overview for the full bail picture.
Frequently Asked Questions
Under Article 316, bail is set in an amount calculated to ensure the defendant’s appearance, considering factors such as the offense, the person’s circumstances, and public safety.
Yes. The Article 316 factors give the defense concrete grounds to argue for a reasonable, affordable bail amount, including community ties and low flight risk.
No. Bail must be tied to legitimate factors and not set so high as to effectively deny release. Excessive bail can be challenged.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves the amount 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.