Terms Used In Louisiana Code of Criminal Procedure 387

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

            A. When instituting the prosecution of an offense involving a violation of any state law or local ordinance that prohibits the use of force or a deadly weapon against any family member or household member as those terms are defined by La. Rev. Stat. 14:35.3 or that prohibits the use of force or violence against a dating partner as defined by La. Rev. Stat. 14:34.9, the district attorney, or city prosecutor for criminal prosecutions in city court, shall include the following information in the indictment, information, or affidavit:

            (1) Date of the offense.

            (2) The state identification number of the defendant, if one has been assigned to the defendant for this offense or for any prior offenses.

            B. Failure to comply with the provisions of this Article shall not constitute grounds for a motion to quash.

            Acts 2015, No. 440, §4; Acts 2017, No. 84, §5.