How does bail work in Louisiana?

1. Constitutional Framework

La. Const. art. I, § 18 grants bail right except capital offenses and certain violent felonies where danger is shown by clear and convincing evidence (Gwen's Law for domestic violence).

2. Cash, Surety, Property, OR Bonds

Article 312 authorizes ROR, unsecured personal surety, secured personal surety, commercial surety, cash deposit, and property bonds.

3. Bail Hearing

Article 230.1 requires appearance for 72-hour hearing within 72 hours of arrest; Gerstein hearing for warrantless arrests within 48 hours.

4. Bail Schedules

Parish courts maintain schedules for misdemeanors and lesser felonies.

5. Bail Bond Agent / Bondsman

Licensed under La. Rev. Stat. § 22:1541 et seq.; commercial sureties charge 12% premium plus mandatory fees.

6. Conditions

Article 320 authorizes electronic monitoring, no-contact, drug testing, and pretrial supervision.

7. Bail Forfeiture

Article 349 governs forfeiture; surety has 180 days to surrender defendant or seek setting aside.

8. Bail Reduction

Article 316 allows modification by court of original jurisdiction.

9. Pretrial Release Programs

Orleans Parish operates pretrial services; limited elsewhere.

This is legal information, not legal advice.