Louisiana Code of Criminal Procedure Article 61 places entire charge and control of every criminal prosecution in the hands of the district attorney. This sweeping discretion shapes whether, what, and how you are charged — and it is a key reason effective defense advocacy begins early.
What the Statute Says
Art. 61. District attorney; powers and duties
Subject to the supervision of the attorney general, as provided in Article 62, the district attorney has entire charge and control of every criminal prosecution instituted or pending in his district, and determines whom, when, and how he shall prosecute.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 61 Matters to Your Defense
Article 61 means the district attorney decides which charges to bring, whether to amend or dismiss them, and how to pursue a case. That discretion is broad, but it is not unlimited — it is checked by constitutional protections, ethical rules, and judicial oversight.
Understanding the DA’s authority helps a defendant appreciate where negotiation, early intervention, and pretrial advocacy can change outcomes. Many cases are shaped long before trial by decisions made under this article.
How Our Attorneys Use Article 61
We engage prosecutors early, presenting mitigating facts, legal weaknesses, and alternatives that can influence charging and plea decisions. Because the DA controls the prosecution under Article 61, persuading that office is often the most direct path to a favorable result.
We also watch for abuses of discretion — vindictive or selective prosecution — that the courts can remedy. See our Louisiana criminal procedure overview for how prosecutorial decisions interact with other stages.
Frequently Asked Questions
Under Article 61, the district attorney has charge and control of criminal prosecutions and decides which charges to bring, amend, or dismiss, subject to the supervision of the attorney general.
Yes. The broad authority in Article 61 includes the power to dismiss or amend charges. Effective defense advocacy can sometimes persuade the DA to do so.
No. Prosecutorial discretion is constrained by constitutional protections, ethical obligations, and judicial review of abuses such as vindictive or selective prosecution.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves charging decisions by the district attorney, 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.