Art. 382 Methods of instituting criminal prosecutions

This rule explains the different ways a criminal case can officially start, depending on how serious the charge is and what type of court is handling it.

If someone could face the death penalty or life in prison, the case must start with an indictment. This means a grand jury has to review the evidence and formally agree that charges should be filed. For other criminal cases in district court, prosecutors have a choice. They can use either an indictment from a grand jury or an information, which is a formal document a prosecutor files on their own.

For cases in parish court, like violations of local ordinances or other crimes, prosecutors can start the case with either a sworn statement called an affidavit or an information. In city court, cases can also start with an affidavit or an information, but if an information is used, it still needs an affidavit backing it up.

Cases in juvenile court or family court have more flexibility. These cases can begin with an affidavit, an information, or an indictment. This gives prosecutors more options since juvenile and family cases often involve different concerns than adult criminal cases.