Louisiana Code of Criminal Procedure Article 319 allows the court to modify bail — on its own motion or on motion of the prosecution or defense. When circumstances change, this article is the route to a fairer bail.
What the Statute Says
Art. 319. Modifications of bail
A. The court having trial jurisdiction over the offense charged, on its own motion
or on motion of the prosecuting attorney or defendant, for good cause, may either increase
or reduce the amount of bail, or require new or additional security. For purposes of this
Article, good cause for increase of bail specifically includes but is not limited to the rearrest
of the defendant on offenses alleged to have been committed while out on a bail undertaking.
The modification of any bail order wherein a bail undertaking has been posted by a criminal
defendant and his sureties shall upon the modification terminate the liability of the defendant
and his sureties under the previously existing bail undertaking. A new bail undertaking must
be posted in the amount of the new bail order.
B. The defendant or his surety may, at any time before a breach of the bail
undertaking and with approval of the court in which the prosecution is pending, substitute
another form of security authorized by this Code. The original security, including a surety,
shall be released when the substitution of security is made.
No. 613, §1, eff. Jan. 1, 2017.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 319 Matters to Your Defense
Article 319 matters because bail is not necessarily fixed forever. If circumstances change, or if the initial amount was excessive, the defense can move to modify it. This flexibility can free a client who could not initially make bail.
Changed facts — new information about the case, the client’s situation, or the passage of time — can all justify revisiting bail under this article.
How Our Attorneys Use Article 319
We file motions to modify bail when the facts support a reduction, presenting updated circumstances and the Article 316 factors. A successful modification can secure release that was previously out of reach.
We use Article 319 alongside the right-to-bail and amount rules of Article 312 and Article 316. See our Louisiana criminal procedure overview.
Frequently Asked Questions
Yes. Under Article 319, the court may modify bail on its own motion or on motion of a party when circumstances warrant.
Your attorney can file a motion to modify bail under Article 319, presenting changed circumstances and the statutory factors that support a lower amount.
Changed circumstances, new information about the case, or an initial amount that was excessive can all support a modification under Article 319.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves a bail modification, 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.