TITLE VII PRELIMINARY EXAMINATION Art. 291. Authority to conduct preliminary examinations The following magistrates, throughout their several territorial jurisdictions, shall have authority to conduct preliminary examinations of persons accused of felonies, with authority to bail or discharge, as follows: (1) District courts having criminal jurisdiction, in all cases; (2) City or parish courts having criminal […]
Art. 292. Order for preliminary examination before and after indictment The court, on request of the state or the defendant, shall immediately order a preliminary examination in felony cases unless the defendant has been indicted by a grand jury. After the defendant has been indicted by a grand jury, the court may rescind its order […]
Art. 293. Time for examination; procurement of counsel When a preliminary examination is ordered, the court shall conduct the examination promptly but shall allow the defendant a reasonable time to procure counsel.
Art. 294. Examination of witnesses; transcript of testimony A. At the preliminary examination the state and the defendant may produce witnesses, who shall be examined in the presence of the defendant and shall be subject to cross-examination. The defendant may also testify, subject to cross-examination. A record of the preliminary examination proceedings shall be made. […]
Art. 295. Admissibility of transcripts in other proceedings A. The transcript of the testimony of a defendant who testified at the preliminary examination is admissible against him upon the trial of the case or, if relevant, in any subsequent judicial proceeding. B. The transcript of testimony of any other witness who testified at the preliminary […]
Art. 296. Scope of preliminary examination before and after indictment If the defendant has not been indicted by a grand jury for the offense charged, the court shall, at the preliminary examination, order his release from custody or bail if, from the evidence adduced, it appears that there is not probable cause to charge him […]
Art. 297. Transmission of transcripts and other evidence After the preliminary examination, unless the court has ordered the release of the defendant upon a finding that there is not probable cause to charge him with an offense, the court shall transmit, without delay, to the clerk of the court having jurisdiction of the offense: (1) […]
Art. 298. Effect of informality in proceedings A person ordered held in custody following a preliminary examination shall not be discharged on a writ of habeas corpus or by other process because of any informality or error in the commitment or the proceedings prior thereto that does not substantially prejudice him. No preliminary examination shall […]
