Terms Used In Louisiana Code of Criminal Procedure 512

  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Capital offense: A crime punishable by death.
  • 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.

When a defendant charged with a capital offense appears for arraignment without counsel, the court shall provide counsel for his defense in accordance with the provisions of La. Rev. Stat. 15:141 et seq.  Such counsel must be assigned before the defendant pleads to the indictment, but may be assigned earlier.  Counsel assigned in a capital case must have been admitted to the bar for at least five years.  An attorney with less experience may be assigned as assistant counsel.

Amended by Acts 1976, No. 653, §2; Acts 2010, No. 861, §2.