Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part XV - Public Defender Board
Chapter 7 - Trial Court Performance Standards
Section XV-751 - Obligations of Counsel at Sentencing Hearing
Universal Citation: LA Admin Code XV-751
Current through Register Vol. 50, No. 9, September 20, 2024
A. Among counsel's obligations in the sentencing process are:
1. where a defendant
chooses not to proceed to trial, to ensure that a plea agreement is negotiated
with consideration of the sentencing, correctional, financial and collateral
implications;
2. to ensure the
client is not harmed by inaccurate information or information that is not
properly before the court in determining the sentence to be imposed;
3. to ensure all reasonably available
mitigating and favorable information, which is likely to benefit the client, is
presented to the court;
4. to
develop a plan which seeks to achieve the least restrictive and burdensome
sentencing alternative that is most acceptable to the client, and which can
reasonably be obtained based on the facts and circumstances of the offense, the
defendant's background, the applicable sentencing provisions, and other
information pertinent to the sentencing decision;
5. to ensure all information presented to the
court which may harm the client and which is not shown to be accurate and
truthful or is otherwise improper is stricken from the text of the pre-sentence
investigation report before distribution of the report; and
6. to consider the need for and availability
of sentencing specialists, and to seek the assistance of such specialists
whenever possible and warranted.
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:142, 147 and 148.
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