Louisiana Revised Statutes 29:110 – Article 10. Restraint of persons charged
Terms Used In Louisiana Revised Statutes 29:110
- Arrest: Taking physical custody of a person by lawful authority.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A.(1) Subject to Paragraph (2) of this Subsection, any person subject to this Chapter who is charged with an offense under this Chapter may be ordered into arrest or confinement as the circumstances require.
(2) When a person subject to this Chapter is charged only with an offense that is normally tried by summary court-martial, the person ordinarily should not be ordered into confinement.
B.(1) When a person subject to this Chapter is ordered into arrest or confinement before trial, immediate steps shall be taken:
(a) To inform the person of the specific offense of which the person is accused.
(b) To try the person or to dismiss the charges and release the person.
(2) The procedures relating to referral for trial, including procedures for prompt forwarding of the charges and specifications and, if applicable, the preliminary hearing report submitted under Article 32 of this Code, shall be determined through rules and regulations prescribed under Article 36 of this Code.
Acts 1974, No. 621, §1; Acts 1992, No. 530, §1, eff. July 1, 1992; Acts 2007, No. 309, §1, eff. July 1, 2007; Acts 2019, No. 373, §1.