LA · rules
La. Code Crim. Proc. art. 538
Effect of sustaining motion to quash
The court shall order the defendant discharged from custody or bail, as to that charge, when it sustains a motion to quash based upon the ground that:
(1) The offense is not punishable under a valid statute;
(2) Trial for the offense charged would constitute double jeopardy;
(3) The time limitation for the institution of prosecution or for the commencement of trial has expired; or
(4) The court has no jurisdiction of the offense charged.
In other cases, when a motion to quash is sustained, the court may order that the defendant be held in custody or that his bail be continued for a specified time, pending the filing of a new indictment.
Provenance
- Source
- legis.la.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
c574597a3b9f80097f3eaa3eca593c793c445443e38155b6bf7a48816489a1be
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