Louisiana Code of Criminal Procedure Article 383 defines an indictment as a written accusation of crime made by a grand jury, which must be concurred in by at least nine grand jurors. For the most serious charges, the grand jury stands between the citizen and the State.
What the Statute Says
Art. 383. Indictment
An indictment is a written accusation of crime made by a grand jury. It must be concurred in by not less than nine of the grand jurors, indorsed “a true bill,” and the indorsement must be signed by the foreman. Indictments shall be returned into the district court in open court; but when an indictment has been returned for an offense which is within the trial jurisdiction of another court in the parish, the indictment may be transferred to that court.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 383 Matters to Your Defense
Article 383 matters because an indictment must satisfy specific requirements, including the concurrence of at least nine grand jurors. Defects in the grand jury process or the indictment itself can be grounds for a challenge.
Because indictment is required for the gravest offenses, ensuring the process was proper is an important safeguard of a defendant’s rights.
How Our Attorneys Use Article 383
We scrutinize the grand jury process and the indictment for defects — from the required concurrence to the way the charge is stated. Flaws in the charging instrument can support motions to quash.
We read Article 383 together with the institution rules of Article 382. See our Louisiana criminal procedure overview.
Frequently Asked Questions
Under Article 383, an indictment is a written accusation of crime made by a grand jury, which must be concurred in by at least nine of the grand jurors.
At least nine grand jurors must concur in the indictment under Article 383.
Yes. Defects in the grand jury process or in the indictment itself can be grounds for a motion to quash or other challenge.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves a grand jury indictment, 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.