Art. 296.  Scope of preliminary examination before and after indictment

If the defendant has not been indicted by a grand jury for the offense charged, the court shall, at the preliminary examination, order his release from custody or bail if, from the evidence adduced, it appears that there is not probable cause to charge him with the offense or with a lesser included offense.  If the defendant is ordered held upon a finding of probable cause, the court shall fix his bail if he is entitled to bail.

After an indictment has been found by a grand jury, the preliminary examination shall be limited to the perpetuation of testimony and the fixing of bail.