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Section 316 – Factors in fixing amount of bail

May 13, 2021 | Crimianl Procedure, Louisiana

The amount of bail shall be fixed in an amount that will ensurethe presence of the defendant, as required, and the safety of any other person and the community, having regard to:

(1) The seriousness of the offense charged, including but not limited to whether the offense is a crime of violence or involves a controlled dangerous substance.
(2) The weight of the evidence against the defendant.
(3) The previous criminal record of the defendant.
(4) The ability of the defendant to give bail.
(5) The nature and seriousness of the danger to any other person or the community that would be posed by the defendant’s release.
(6) The defendant’s voluntary participation in a pretrial drug testing program.
(7) The absence or presence in the defendantof any controlled dangerous substance .
(8) Whether the defendant is currently out on a bail undertakingon a previous felony arrest for which he is awaiting institution of prosecution, arraignment, trial, or sentencing.
(9) Any other circumstances affecting the probability of defendant’s appearance.
(10) The type or form of bail.

(Source: C.Cr.P. Art. 334)

La. Cr.P. § 316

Amended by Acts 2016, No. 613,s. 1, eff. 1/1/2017.
Acts 1993, No. 834, §1, eff. June 22, 1993.