Criminal Procedure

The legal system is divided into two types of cases: civil and criminal. It is important to understand the distinction between civil and criminal cases.

A CIVIL case is a private dispute between two or more parties, which begins when the plaintiff brings an action against the defendant, claiming the defendant has failed to fulfill a legal duty owed the plaintiff. In civil cases, the court can enter a judgement for money damages, reimbursement for court cost, and sometimes attorney fees. The judge cannot enter a judgement sending the defendant to jail.

In a CRIMINAL case, the case is between the State of Louisiana and a person accused of committing a crime. If the defendant is found guilty of a crime, the punishment can include fees and/or jail time.

Justices of the Peace have VERY LIMITED criminal jurisdiction.

A JP must be able to determine whether an individual wants to file a civil suit for monetary damages or file criminal charges. If the complaining party is seeking recovery of a money judgement against another person, he should file a civil complaint requesting the recovery of money. If, on the other hand, the conduct of which he/she is complaining involves the violation of a criminal statute and he/she wishes to begin a criminal proceeding, he/she will fill out an affidavit charging criminal activity as defined by Louisiana Law.

Justices of the Peace have authority under criminal jurisdiction to issue PEACE BONDS, SUMMONS, or WARRANT OF ARRESTS.

Justices of the Peace may also punish a person adjudged guilty of direct contempt of court with fines and/or jail time.

Justices of the Peace also have the authority to set bail in non-capital cases and to issue search warrants where authorized by law. These provisions are seldom used and should only be used with great discretion.