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How does plea bargaining work in Louisiana?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

1. Constitutional Framework

The Sixth Amendment guarantees effective counsel during plea bargaining (Lafler v. Cooper; Missouri v. Frye). Pleas must be knowing, voluntary, and intelligent (Boykin v. Alabama).

2. Types of Pleas

Louisiana recognizes guilty, nolo contendere (with court approval; Art. 552(4)), and Alford pleas (State ex rel. Crawford v. Henderson). Louisiana additionally recognizes the 'Crosby plea' (State v. Crosby, 338 So. 2d 584), a unique device that preserves pretrial rulings for appellate review.

3. Charge vs Sentence Bargaining

Both occur. Charge bargaining often involves Habitual Offender Act enhancements (La. R.S. 15:529.1); sentence bargaining is constrained by mandatory minimums in violent and drug offenses.

4. Judicial Role

Louisiana judges generally do not participate in plea negotiations, though they may indicate likely sentence ranges.

5. Plea Colloquy

Code of Criminal Procedure article 556.1 requires the court to address the defendant personally and ensure understanding of the nature of the charge, mandatory minimum and maximum penalties, rights waived (jury trial, confrontation, self-incrimination), and immigration consequences (Padilla v. Kentucky).

6. Withdrawal of Plea

La. C. Cr. P. art. 559: the court may permit withdrawal of a guilty plea at any time before sentence. After sentence, withdrawal is generally permitted only where the plea was constitutionally infirm (e.g., not knowing and voluntary), pursued by post-conviction application.

7. Conditional Pleas

The Crosby plea (State v. Crosby) is Louisiana's distinctive conditional-plea mechanism, allowing the defendant to plead guilty while preserving identified pretrial rulings for appellate review.

8. Sentence Recommendation vs Bargain

If the court rejects a sentence agreement, the defendant must be allowed to withdraw the plea. Recommendations short of an agreement do not bind the court.

9. Plea Statistics

About 96% of Louisiana felony convictions are by plea.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • You want to enter a Crosby plea to preserve a pretrial ruling
  • You face a Habitual Offender Act multiple bill under 15:529.1
  • You need to withdraw a plea before sentencing under art. 559
Related Statutes & Laws
  • La. Code Crim. P. art. 552
  • La. Code Crim. P. art. 556.1
  • La. Code Crim. P. art. 559
  • La. R.S. 15:529.1

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.