Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part XV - Public Defender Board
Chapter 7 - Trial Court Performance Standards
Section XV-755 - Preparation for Sentencing
Universal Citation: LA Admin Code XV-755
Current through Register Vol. 50, No. 9, September 20, 2024
A. In preparing for sentencing, counsel should consider the need to:
1. inform the client of the applicable
sentencing requirements, options, and alternatives, and the likely and possible
consequences of the sentencing alternatives;
2. maintain regular contact with the client
prior to the sentencing hearing, and inform the client of the steps being taken
in preparation for sentencing;
3.
obtain from the client relevant information concerning such subjects as his or
her background and personal history, prior criminal record, employment history
and skills, education, medical history and condition, and financial status,
family obligations, and obtain from the client sources through which the
information provided can be corroborated;
4. inform the client of his or her right to
speak at the sentencing proceeding and assist the client in preparing the
statement, if any, to be made to the court, considering the possible
consequences that any admission of guilt may have upon an appeal, subsequent
retrial or trial on other offenses;
5. inform the client of the effects that
admissions and other statements may have upon an appeal, retrial, parole
proceedings, or other judicial proceedings, such as forfeiture or restitution
proceedings;
6. prepare the client
to be interviewed by the official preparing the pre-sentence report; and ensure
the client has adequate time to examine the pre-sentence report, if one is
utilized by the court;
7. inform
the client of the sentence or range of sentences counsel will ask the court to
consider; if the client and counsel disagree as to the sentence or sentences to
be urged upon the court, counsel shall inform the client of his or her right to
speak personally for a particular sentence or sentences;
8. collect documents and affidavits to
support the defense position and, where relevant, prepare witnesses to testify
at the sentencing hearing; where necessary, counsel should specifically request
the opportunity to present tangible and testimonial evidence; and
9. inform the client of the operation of the
Louisiana Sentence Review Panel and the procedures to be followed in submitting
any possible sentence to the Panel for review, if applicable.
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:142, 147 and 148.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.