Louisiana Code of Criminal Procedure Article 384 defines an information (a “bill of information”) as a written accusation of crime made by the district attorney or city prosecutor and signed by that official. For many offenses, this is how a prosecution begins.
What the Statute Says
Art. 384. Information
An information is a written accusation of crime made by the district attorney or the city prosecutor and signed by him. It must be filed in open court in a court having jurisdiction to try the offense, or in the office of the clerk thereof.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 384 Matters to Your Defense
Article 384 matters because a bill of information must meet specific requirements, including being made and signed by the proper prosecuting official. Defects in the information can be challenged, and the choice of this instrument must fit the offense.
Because the information is the charging document for many cases, ensuring it is proper protects the defendant’s rights from the outset.
How Our Attorneys Use Article 384
We examine the bill of information for the required form, signature, and sufficiency, and we confirm that an information was the proper instrument for the offense. Defects can support a motion to quash.
We analyze Article 384 alongside Article 382 and Article 383. See our Louisiana criminal procedure overview.
Frequently Asked Questions
Under Article 384, an information is a written accusation of crime made by the district attorney or city prosecutor and signed by that official.
An information is filed by the prosecutor, while an indictment is returned by a grand jury. The required instrument depends on the severity of the offense under Article 382.
Yes. Defects in form, signature, or sufficiency, or use of the wrong charging instrument, can support a motion to quash.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves a bill of information, 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.
