CCRP 332 - Bail after conviction
Art. 332. Bail after conviction
A. A convicted person shall be remanded to jail to await sentence unless any of the following occur:
(1) He is allowed to remain free on a bail obligation posted prior to conviction by operation of Article 326(B), and the bail previously fixed is in accordance with all of the applicable provisions of this Article.
(2) He is released by virtue of a bail obligation posted after conviction, which bail was fixed in accordance with this Article.
B. After conviction and before sentence, bail shall be allowed if the maximum sentence which may be imposed is imprisonment for five years or less. Bail may be allowed pending sentence if the maximum sentence which may be imposed is imprisonment exceeding five years, except when the court has reason to believe, based on competent evidence, that the release of the person convicted will pose a danger to any other person or the community, or that there is a substantial risk that the person convicted might flee.
C. After sentence and until final judgment, bail shall be allowed if a sentence of five years or less is actually imposed. Bail may be allowed after sentence and until final judgment if the sentence actually imposed exceeds imprisonment for five years, except when the court has reason to believe, based on competent evidence, that the release of the person convicted will pose a danger to any other person or the community, or that there is a substantial risk that the person convicted might flee.
D. In those instances above in which bail shall be allowed, the court shall consider whether the release of the person convicted or sentenced will pose a danger to any other person or the community in determining the amount of bail.
E. After conviction of a capital offense, a defendant shall not be allowed bail.
Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1997, No. 1305, §1;Acts 1997, No. 1498, §1, eff. Nov. 5, 1998; Acts 2010, No. 914, §1.