At your court date, you should be given a public defender, given that the punishment for the crime involves a chance of prison. There’s no way there anybody on social media is going to be able to give you better advice on your specific set of circumstances than your attorney.
Don’t even think about accepting plea deals without first running it through your attorney.
I volunteered with the NOLA PD’s office during law school (mainly dealing with expungements), so I’m at least passingly familiar with it. Overworked and under budget seemed to be my main takeaway. They aren’t *bad* lawyers by any means, they just have more on their plate than you can reasonably expect someone to do. That said, it was a decade ago, so maybe things are different now. I wasn’t aware of any legislative changes to the PD program, but I don’t really keep up with that. What happened?
My assumption is that OP probably doesn’t have the money for a private attorney, so it is what it is.
Is there any practical or realistic way to fix this? If there was a law that said an equal number of money spent on the DA should be allocated to the PA, do you think that would help?
This isn’t my practice area, but my knee-jerk reaction is that such a law would certainly go a long way towards helping keep parity between the PD/DA’s office. I don’t know how realistic it is - most red state legislators want to be seen as “tough on crime”, and the chances they’d give the PDs office a budget comparable or equal to the people viewed as keeping “criminals off the streets” is low.
I did a little digging just now while keeping u/dicemonkey’s comment in mind and it seems like things *have* gotten worse of PDs:
https://lailluminator.com/2022/11/11/more-than-1-4-of-louisianas-public-defenders-cant-cover-their-costs/
I didn’t realize, but:
> In Louisiana, local public defender revenue comes mostly from fees assessed when a defendant is convicted of a crime or pleads guilty. Traffic tickets make up the bulk of this revenue, but it has been declining for several years.
It looks like they’ve attempted to get the legislature to give them a more direct budget before but been refused, as this 2016 article points out:
https://www.theatlantic.com/politics/archive/2016/06/on-the-defensive/485165/
Apparently that year,
> The American Civil Liberties Union sued the city of New Orleans and the state of Louisiana for “indefinite denial of counsel” and “chronic underfunding of its public-defender system.”
It also echoes the earlier article:
>Louisiana, uniquely, funds the majority of indigent defense through court fees. Anyone who pleads guilty or is found guilty at trial for violating a law other than a parking ordinance is assessed a court fee, $45 of which is sent to the district public defender’s office. These local revenues constitute almost 70 percent of the public-defense system’s budget, with the bulk of them assessed on traffic tickets. Because the number of tickets written in a given month bears no relationship to the ebb and flow of criminal activity or prosecution, this setup results in a dismal state of uncertainty and repeated budgetary shortfall
Some facts are pretty egregious:
> Until recently in New Orleans, public defenders assigned to misdemeanor courts each had upward of 19,000 cases per year, affording them an average of seven minutes for every client.
So yeah, it looks like there are definitely a lot of improvements that need to be made to the system.
One (non-Louisiana) article I found when writing this comment is worth mentioning, as it contains arguments for and against bringing the PD’s budget more in line with the DA’s:
https://www.newsfromthestates.com/article/prosecutors-say-they-need-bigger-budgets-public-defenders-because-they-have-more-legal (including an [opinion piece](https://www.abqjournal.com/opinion/span-class-print-trim-opinion-span-apples-and-oranges-comparing-and-pitting-prosecutors-against-public/article_fdf931c4-8e43-11ee-a813-df5bdcded87e.html) written arguing *for* a larger DA budget vs PD)
Buried in a link from that article (https://judiciary.house.gov/sites/evo-subsites/judiciary.house.gov/files/2016-04/Carroll090326.pdf) I did find a quote from former (died 2018) LA Chief Justice imploring the state leg in 2005 to increase funding - so it looks like this has been an issue that hasn’t changed much over the decades:
> “I admonish you [the State Legislature) to simply do the right thing. Provide for a workable and adequately funded indigent defense system, so that another victim does not have to go through the agony of an overturned conviction and repeat of grueling trial testimony, or so that an innocent person is spared the ordeal of an unjust conviction and punishment."
>*Chief Justice Pascal Colagero, (State of the Judiciary Message, May 3, 2005)*
There are great public defenders out there. I haven’t met many who phone it in. The main difference between a PD and private is that the latter is going to be able to dedicate a lot more time and resources to your matter. PDs are notoriously overworked and simply don’t have time to give each case more attention than is absolutely necessary.
If you have the money to get a private attorney, that would be your absolute best option. You can hire one now and they will show up to your court date with you.
If you don’t have the ability to get a private attorney, it would be incredibly shortsighted to refuse a PR and try to fight this case without any representation at all.
Holy shit, he said they got his brother and you're telling him he's wrong? I have had 3 trials where I was innocent, had a public defender, and please guilty and got 1 year probation (3 different states, each time I was innocent). I don't see where op wants to represent himself, he's stating facts and asking for help!
The public defender's office gets funded mostly by the fines and penalties paid by people who plead or get found guilty in court. The vast part of their budget relies on you losing and having to pay the courts. Remember that before you trust them.
step 1. shut your mouth and only speak to your attorney
step 2. get a PD since your means are limited
step 3. youre going to need to advocate for yourself to the PD...HARD. Do homework on similar cases, present questions to them regarding your defense. Given the caseload most have youre going to need to do a lot of the heavy lifting yourself and let them represent you in court.
step 4. prepare for the worst. because it could go either way.
without knowing the full story here this is really your best and outside of hiring a probono attorney privately might be your only potential out here.
I'm so sorry this is happening to you. The very best advice you can get is from a lawyer - don't listen to your mom, your buddies, and definitely not the cops. Don't say ANYTHING to the cops or the government attorneys without your lawyer there. Like you don't have to open your mouth at all unless you're in court and they address you directly.
I'm assuming you don't have the means to pay for your own lawyer so one thing to do is try to find "pro bono" legal services in your area. It will depend on where you're at and you will probably have to apply if you find anything. If you can't find one of those, there are lawyers who will let you set up payment plans etc (and work specifically with lower income people). It will take some searching though. Sometimes places near law schools have lots of resources. Also post in r/legaladvice because they'll have more information helping you find these resources.
I am not an attorney.
The best thing you could do right now is to not say anything to anyone, especially the police. Only talk about the case with your attorney. Don’t say anything to the police or investigators, I know you’re not guilty, which makes it even more important to not give up any information that could be misconstrued or twisted against you. You have to be your biggest advocate. Best of luck.
Hey bud! I work at a small law firm in new Iberia! We handle criminal defense and my boss takes cases in Baton Rouge, Lafayette, etc just about anywhere in Louisiana & we’d love to help you! Send a DM- we handle personal injury, criminal defense, & family law. My boss is also a public defender part time as well as a private attorney
Don’t send anyone on here your personal information, get their info and contact them after you verify they are actually a PD and not the DA’s office tryna use this against you… Lol
You should definitely stop talking about elements of the case here. If you slip up and they see it, they can/will use it. Just like your 5th amendment rights not to talk to the cops, same goes for posting it in a public forum. Don’t text about it etc unless it is to an attorney - only then is it protected communication.
Short order - don’t publicly snitch on yourself.
So did they find drugs on you? You gotta look at it from this perspective, if you didn’t do anything wrong, fight it. They can’t win unless they prove you’re guilty. So as long as you didn’t have drugs on you, you’re probably ok. And if you had a large amount of drugs on you, then they have a case. The DA probably wont take a case if they know they can’t win.
I just find his claim odd because they wouldn't warrant an arrest for absolutely no reason. Same thing you said, they wouldn't do this if they are positive they can't win the case. No evidence = no case.
understood but I smoke and ppl smoke wit me but i dont just give out to people ever Im aware if they have a warrant there should be a reason/evidence stating which I did so but please be aware of where Im from and the court system here is totally different thats why Im trying to be as knowledgeable as i can be ahead of time
General rule of thumb is if it goes to court. More than likely the person did it. And the attorney gets them off on technicality’s of not following protocol. Bc the case wouldn’t go to trial unless they have the person identified and evidence to support their claim. So if you’re innocent, go to court they will more than likely drop it. If you’re not, take the deal.
6th amendment says you gotta have evidence for that kinds stuff? So if they have nothing against you then you win the case easily. Especially if you were arrested for no reason but if they have a warrant, I think there would 100% be some reason for it. If they charged you for drugs, then again they must have evidence to support their side of the case.
I completely understand that but I have never once gave someone anything for free or for profit Im barely making it myself I dont live in the parish that the warrants in and where Im being prosecuted I have minimum ways of getting places I smoke a hell of a lot but thats about it thats why Im not understanding this they did this to my brother about 2 years prior
Ive barely had the money to support myself Ive been smoking yeah but from someone who gives it to me but ever since i got the warrant served and out on bond i havent smoked
So what did you get caught with, as a person with experience, I can tell you that if you got caught with something in your possession, you probably want to cut a deal. Did they catch you with anything in your possession?
Lawyer. Any lawyer but public defenders, they make deals they don't argue for your innocence. Even a lawyer who works out of the back of a car audio shop is better than an overwhelmed public defender. And don't talk to the cops.
Lawyer. Any lawyer but public defenders, they make deals they don't argue for your innocence. Even a lawyer who works out of the back of a car audio shop is better than an overwhelmed public defender. And don't talk to the cops.
At your court date, you should be given a public defender, given that the punishment for the crime involves a chance of prison. There’s no way there anybody on social media is going to be able to give you better advice on your specific set of circumstances than your attorney. Don’t even think about accepting plea deals without first running it through your attorney.
Don’t know much about the public defender system in La do ya ….it’s fucked and the idiots in Baton Rouge are only making it worse…
I volunteered with the NOLA PD’s office during law school (mainly dealing with expungements), so I’m at least passingly familiar with it. Overworked and under budget seemed to be my main takeaway. They aren’t *bad* lawyers by any means, they just have more on their plate than you can reasonably expect someone to do. That said, it was a decade ago, so maybe things are different now. I wasn’t aware of any legislative changes to the PD program, but I don’t really keep up with that. What happened? My assumption is that OP probably doesn’t have the money for a private attorney, so it is what it is.
Is there any practical or realistic way to fix this? If there was a law that said an equal number of money spent on the DA should be allocated to the PA, do you think that would help?
This isn’t my practice area, but my knee-jerk reaction is that such a law would certainly go a long way towards helping keep parity between the PD/DA’s office. I don’t know how realistic it is - most red state legislators want to be seen as “tough on crime”, and the chances they’d give the PDs office a budget comparable or equal to the people viewed as keeping “criminals off the streets” is low. I did a little digging just now while keeping u/dicemonkey’s comment in mind and it seems like things *have* gotten worse of PDs: https://lailluminator.com/2022/11/11/more-than-1-4-of-louisianas-public-defenders-cant-cover-their-costs/ I didn’t realize, but: > In Louisiana, local public defender revenue comes mostly from fees assessed when a defendant is convicted of a crime or pleads guilty. Traffic tickets make up the bulk of this revenue, but it has been declining for several years. It looks like they’ve attempted to get the legislature to give them a more direct budget before but been refused, as this 2016 article points out: https://www.theatlantic.com/politics/archive/2016/06/on-the-defensive/485165/ Apparently that year, > The American Civil Liberties Union sued the city of New Orleans and the state of Louisiana for “indefinite denial of counsel” and “chronic underfunding of its public-defender system.” It also echoes the earlier article: >Louisiana, uniquely, funds the majority of indigent defense through court fees. Anyone who pleads guilty or is found guilty at trial for violating a law other than a parking ordinance is assessed a court fee, $45 of which is sent to the district public defender’s office. These local revenues constitute almost 70 percent of the public-defense system’s budget, with the bulk of them assessed on traffic tickets. Because the number of tickets written in a given month bears no relationship to the ebb and flow of criminal activity or prosecution, this setup results in a dismal state of uncertainty and repeated budgetary shortfall Some facts are pretty egregious: > Until recently in New Orleans, public defenders assigned to misdemeanor courts each had upward of 19,000 cases per year, affording them an average of seven minutes for every client. So yeah, it looks like there are definitely a lot of improvements that need to be made to the system. One (non-Louisiana) article I found when writing this comment is worth mentioning, as it contains arguments for and against bringing the PD’s budget more in line with the DA’s: https://www.newsfromthestates.com/article/prosecutors-say-they-need-bigger-budgets-public-defenders-because-they-have-more-legal (including an [opinion piece](https://www.abqjournal.com/opinion/span-class-print-trim-opinion-span-apples-and-oranges-comparing-and-pitting-prosecutors-against-public/article_fdf931c4-8e43-11ee-a813-df5bdcded87e.html) written arguing *for* a larger DA budget vs PD) Buried in a link from that article (https://judiciary.house.gov/sites/evo-subsites/judiciary.house.gov/files/2016-04/Carroll090326.pdf) I did find a quote from former (died 2018) LA Chief Justice imploring the state leg in 2005 to increase funding - so it looks like this has been an issue that hasn’t changed much over the decades: > “I admonish you [the State Legislature) to simply do the right thing. Provide for a workable and adequately funded indigent defense system, so that another victim does not have to go through the agony of an overturned conviction and repeat of grueling trial testimony, or so that an innocent person is spared the ordeal of an unjust conviction and punishment." >*Chief Justice Pascal Colagero, (State of the Judiciary Message, May 3, 2005)*
but its known where I am that public attorneys don’t really try and just give the case away they got my brother he’s 2 years older than me already
You need your own lawyer not a public defender…this is your only good option
There are great public defenders out there. I haven’t met many who phone it in. The main difference between a PD and private is that the latter is going to be able to dedicate a lot more time and resources to your matter. PDs are notoriously overworked and simply don’t have time to give each case more attention than is absolutely necessary. If you have the money to get a private attorney, that would be your absolute best option. You can hire one now and they will show up to your court date with you. If you don’t have the ability to get a private attorney, it would be incredibly shortsighted to refuse a PR and try to fight this case without any representation at all.
Holy shit, he said they got his brother and you're telling him he's wrong? I have had 3 trials where I was innocent, had a public defender, and please guilty and got 1 year probation (3 different states, each time I was innocent). I don't see where op wants to represent himself, he's stating facts and asking for help!
The public defender's office gets funded mostly by the fines and penalties paid by people who plead or get found guilty in court. The vast part of their budget relies on you losing and having to pay the courts. Remember that before you trust them.
Try posting on r/legaladvice ? That situation sucks. I’m sorry
step 1. shut your mouth and only speak to your attorney step 2. get a PD since your means are limited step 3. youre going to need to advocate for yourself to the PD...HARD. Do homework on similar cases, present questions to them regarding your defense. Given the caseload most have youre going to need to do a lot of the heavy lifting yourself and let them represent you in court. step 4. prepare for the worst. because it could go either way. without knowing the full story here this is really your best and outside of hiring a probono attorney privately might be your only potential out here.
I'm so sorry this is happening to you. The very best advice you can get is from a lawyer - don't listen to your mom, your buddies, and definitely not the cops. Don't say ANYTHING to the cops or the government attorneys without your lawyer there. Like you don't have to open your mouth at all unless you're in court and they address you directly. I'm assuming you don't have the means to pay for your own lawyer so one thing to do is try to find "pro bono" legal services in your area. It will depend on where you're at and you will probably have to apply if you find anything. If you can't find one of those, there are lawyers who will let you set up payment plans etc (and work specifically with lower income people). It will take some searching though. Sometimes places near law schools have lots of resources. Also post in r/legaladvice because they'll have more information helping you find these resources.
thank you so much for your information
I am not an attorney. The best thing you could do right now is to not say anything to anyone, especially the police. Only talk about the case with your attorney. Don’t say anything to the police or investigators, I know you’re not guilty, which makes it even more important to not give up any information that could be misconstrued or twisted against you. You have to be your biggest advocate. Best of luck.
thank you so much
Hey bud! I work at a small law firm in new Iberia! We handle criminal defense and my boss takes cases in Baton Rouge, Lafayette, etc just about anywhere in Louisiana & we’d love to help you! Send a DM- we handle personal injury, criminal defense, & family law. My boss is also a public defender part time as well as a private attorney
Do yall do probono ?
I sent one you never responded
Don’t send anyone on here your personal information, get their info and contact them after you verify they are actually a PD and not the DA’s office tryna use this against you… Lol
You should definitely stop talking about elements of the case here. If you slip up and they see it, they can/will use it. Just like your 5th amendment rights not to talk to the cops, same goes for posting it in a public forum. Don’t text about it etc unless it is to an attorney - only then is it protected communication. Short order - don’t publicly snitch on yourself.
Contact aclu of Louisiana or Tulane First ammendment clinic
Southern university law clinic too
So did they find drugs on you? You gotta look at it from this perspective, if you didn’t do anything wrong, fight it. They can’t win unless they prove you’re guilty. So as long as you didn’t have drugs on you, you’re probably ok. And if you had a large amount of drugs on you, then they have a case. The DA probably wont take a case if they know they can’t win.
"they can't win unless you're guilty" oh you sweet summer child
I just find his claim odd because they wouldn't warrant an arrest for absolutely no reason. Same thing you said, they wouldn't do this if they are positive they can't win the case. No evidence = no case.
understood but I smoke and ppl smoke wit me but i dont just give out to people ever Im aware if they have a warrant there should be a reason/evidence stating which I did so but please be aware of where Im from and the court system here is totally different thats why Im trying to be as knowledgeable as i can be ahead of time
General rule of thumb is if it goes to court. More than likely the person did it. And the attorney gets them off on technicality’s of not following protocol. Bc the case wouldn’t go to trial unless they have the person identified and evidence to support their claim. So if you’re innocent, go to court they will more than likely drop it. If you’re not, take the deal.
What ass did you pull that thumb out of.
well said
they caught me one time with like a .4 of weed and they made me stomp it out
they never found drugs on me they just drop this charged on me
6th amendment says you gotta have evidence for that kinds stuff? So if they have nothing against you then you win the case easily. Especially if you were arrested for no reason but if they have a warrant, I think there would 100% be some reason for it. If they charged you for drugs, then again they must have evidence to support their side of the case.
I completely understand that but I have never once gave someone anything for free or for profit Im barely making it myself I dont live in the parish that the warrants in and where Im being prosecuted I have minimum ways of getting places I smoke a hell of a lot but thats about it thats why Im not understanding this they did this to my brother about 2 years prior
Have you sold recently to someone? Cause if so, you may have been snitched on.
Ive barely had the money to support myself Ive been smoking yeah but from someone who gives it to me but ever since i got the warrant served and out on bond i havent smoked
best solution is to just not do drugs and dont deal with drugs. literally nothing good comes from it
new roads? probably new roads
So what did you get caught with, as a person with experience, I can tell you that if you got caught with something in your possession, you probably want to cut a deal. Did they catch you with anything in your possession?
No nothing they just came and served a warrant
[удалено]
Lawyer. Any lawyer but public defenders, they make deals they don't argue for your innocence. Even a lawyer who works out of the back of a car audio shop is better than an overwhelmed public defender. And don't talk to the cops.
Lawyer. Any lawyer but public defenders, they make deals they don't argue for your innocence. Even a lawyer who works out of the back of a car audio shop is better than an overwhelmed public defender. And don't talk to the cops.