TITLE XVI. ARRAIGNMENT AND PLEAS Art. 551. Arraignment of defendant A. The arraignment consists of the reading of the indictment to the defendant by the clerk in open court, and the court calling upon the defendant to plead. Reading of the indictment may be waived by the defendant at the discretion and with the permission […]
Art. 551.1. Substitution of railroad defendant at arraignment A. Subject to the provisions of Paragraph D, at arraignment and upon verified motion of the railroad employer of an employee-defendant charged with a violation of a parish or municipal ordinance, the railroad employer shall be substituted as defendant in the proceedings in accordance with the provisions […]
Art. 552. Pleas at the arraignment There are four kinds of pleas to the indictment at the arraignment: (1) Guilty; (2) Not guilty; (3) Not guilty and not guilty by reason of insanity; or (4) Nolo contendere, which plea a court may in its discretion accept only if the offense charged is not a capital […]
Art. 553. Method of pleading A. Except when otherwise provided under Paragraph B of this Article or by local rule in accordance with Articles 551 and 562, the defendant in a felony case shall plead in person. In misdemeanor cases, the defendant may plead not guilty through counsel, may plead guilty through counsel with consent […]
Art. 554. Effect of failure to plead A defendant shall plead when arraigned. If he stands mute, refuses to plead, or pleads evasively, a plea of not guilty shall be entered of record. When a defendant is a corporation and fails to appear for arraignment when summoned, a plea of not guilty shall be entered […]
Art. 555. Waivers Any irregularity in the arraignment, including a failure to read the indictment, is waived if the defendant pleads to the indictment without objecting thereto. A failure to arraign the defendant or the fact that he did not plead, is waived if the defendant enters upon the trial without objecting thereto, and it […]
Art. 556. Plea of guilty or nolo contendere in misdemeanor cases; duty of court A. Except as otherwise provided in Paragraph B of this Article or in R.S. 32:57 or in any other applicable law, in a misdemeanor case, if the defendant is not represented by counsel of record, the court shall not accept a […]
Art. 556.1. Plea of guilty or nolo contendere in felony cases; duties of the court and defense counsel A. In a felony case, the court shall not accept a plea of guilty or nolo contendere without first addressing the defendant personally in open court and informing him of, and determining that he understands, all of […]
Art. 557. Plea of guilty in capital cases A. A court shall not receive an unqualified plea of guilty in a capital case. However, with the consent of the court and the state, a defendant may plead guilty with the stipulation either that the court shall impose a sentence of life imprisonment without benefit of […]
Art. 558. Plea of guilty of lesser included offense The defendant, with the consent of the district attorney, may plead guilty of a lesser offense that is included in the offense charged in the indictment.
Art. 558.1. Adjudication of not guilty by reason of insanity The court may adjudicate a defendant not guilty by reason of insanity without trial, when the district attorney consents and the court makes a finding based upon expert testimony that there is a factual basis for the plea. Added by Acts 1983, No. 530, §1.
Art. 559. Withdrawal or setting aside of plea of guilty A. Upon motion of the defendant and after a contradictory hearing, which may be waived by the state in writing, the court may permit a plea of guilty to be withdrawn at any time before sentence. B. The court shall not accept a plea of […]
Art. 560. Change of plea of not guilty to guilty A defendant may at any time withdraw a plea of not guilty and plead guilty, subject to the limitations stated in Articles 556 through 559.
Art. 561. Change of plea of "not guilty" to "not guilty and not guilty by reason of insanity" The defendant may withdraw a plea of "not guilty" and enter a plea of "not guilty and not guilty by reason of insanity," within ten days after arraignment. Thereafter, the court may, for good cause shown, allow […]
Art. 562. Use of simultaneous audio-visual transmission for certain proceedings A. In a case where the offense is a noncapital felony or a misdemeanor, the defendant, who is confined in a jail, prison, or other detention facility in Louisiana, may, with the court’s consent and the consent of the district attorney, appear at the entry […]
