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FREQUENTLY ASKED QUESTIONS ABOUT LOUISIANA PUBLIC DEFENDERS
WHEN AND HOW OFTEN WILL A PD CLIENT SEE A LAWYER?
WHAT WILL A PUBLIC DEFENDER DO?
WHO ARE 'PUBLIC DEFENDERS'
The legal system of the United States provides that one of the basic human rights is to a Fair Trial, with a lawyer. Many years ago a man in jail, who had no money, applied to the United States Supreme Court asserting that without a lawyer, he couldn't get a fair trial. The Court agreed, and interpreted the Constitution to provide that a person cannot go to Jail without advice of counsel. (Gideon vs. Wainwright) In Louisiana, the law provides that in each Judicial District an "Indigent Defender Fund" (R.S. 15:141 and following) shall determine the method of providing lawyers to those without funds.
Public Defenders are the lawyers who are appointed to handle this legal work. In some Districts they are lawyers who work full time for the Indigent Defender Fund. In others they may be private lawyers who have a contract to provide some legal services to people who cannot afford a lawyer.
In any Criminal Case where there is likely to be a jail sentence, a person has the right to counsel of their choice. If they cannot afford one, counsel must be appointed by the Court.
There are no precise numbers on what income level entitles one to appointed counsel. Sometimes a case is so serious that a working person can't afford to hire their own lawyer. But the specific rule is simply that where a person cannot afford a lawyer, one MUST be appointed. It is up to the Judge of the Court in which the case is filed to determine whether a lawyer should be appointed. In some Districts this function is referred to the Public Defender Office itself.
WHEN AND HOW OFTEN WILL A PD CLIENT SEE A LAWYER
This varies in each District depending on the number of cases, the budget of the Public Defender Office, and when a person is arrested. The Public Defender has a duty to communicate with clients just as any other lawyer. Generally, a person should be seen within a few days of arrest. Many programs make contact immediately. If the client has problems with communication, the District Court Judge should be notified.
WHAT WILL A PUBLIC DEFENDER DO?
A Public Defender must act as any lawyer, and he has no less obligation than a paid attorney. He must investigate the case, advise the client on the law, and present any defense in Court. In over 90% of Criminal Cases, whether Public Defender or Private Counsel, the case is disposed of in a Plea Bargain. This is an agreement about what the client did wrong and what the penalty should be.
In Louisiana, if the case is punishable by more than 6 months in Jail, the client is entitled to a Jury Trial.
Unless a person is charged with First Degree Murder, the Court must set Bail, which is a security posted to insure the person will come back for Court. Several factors apply to bail, but usually a commercial BOND is purchased at 10% of the amount of Bail, and a Bondsman backs up the promise to come to Court. The Judge sets an amount that is thought will make the person come to Court.
In addition to commercial bail, property may be posted, or a "Personal Surety", in which a friend of the defendant promises to pay if the defendant doesn't show up. While property, cash bail, and property are returned after the case is processed, the 10% paid to Commercial Sureties (Bail Bondsman) is a premium paid for the surety and is not refunded.
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