Criminal Trials, Hearings Where do I start???

[LynskaL]

I have a younger brother who is currently incarcerated and awaiting trial for a second degree murder charge in louisiana. His lawyer is court appointed and is not very interested in putting up a fight in the trial. He has as of yet to meet with my brother prior to trial to discuss possible outcomes, strategies and/or plea bargains. I understand that court appointed lawyers do not recieve regular pay especially for a case of this caliber. However, I do feel it is wrong for this lawyer to just sit there and make absolutely no attempt to defend my brother (or any client) to the best of his ability. My first question is can my brother file a complaint against his lawyer for his lack of work in this case? The trial has been reset several times due to the lawyer asking for a continuance because he is not prepared for trial. If there are papers that can be filed, is it too late for my brother to request a new lawyer?

Also, there is a chance my brother could beat the second degree charge but still possibly face perjury charges. I read that according to LA laws, sentencing does differ according to the kind of trial upon which the perjury was committed. If perjury was committed in another trial and not his own, how would the court/judge determine the sentencing on perjury?

 

[mafioso]

Those are really serious charges……..I would say if you have to borrow money to hire a good lawyer you trust, the time is now. Public defenders have long been accused of this. There is not much you can do about it. Even if it is true, it would be hard for you to prove anything which would get a better lawyer. Most of them act in this way. You don't have enough court acceptable evidence to prove he is doing his best. But getting a real committed lawyer for him is your best bet. You would hate to realize you should have gotten a lawyer only when he cuts a stupid plea. Act now than latter. Reversing pleas or winning are appeals are tough……….Know even if his PD was replaced for some reason, expect same type of attitude from the next one. Ask the PD's office at the county for procedures to channel your complain.His lawyer can better tell you on what he faces and his chances............we don't know the evidence in the case...........all that matters.

 

[LynskaL]

Those are really serious charges……..I would say if you have to borrow money to hire a good lawyer you trust, the time is now. Public defenders have long been accused of this. There is not much you can do about it. Even if it is true, it would be hard for you to prove anything which would get a better lawyer. Most of them act in this way. You don't have enough court acceptable evidence to prove he is doing his best. But getting a real committed lawyer for him is your best bet. You would hate to realize you should have gotten a lawyer only when he cuts a stupid plea. Act now than latter. Reversing pleas or winning are appeals are tough……….Know even if his PD was replaced for some reason, expect same type of attitude from the next one. Ask the PD's office at the county for procedures to channel your complain.His lawyer can better tell you on what he faces and his chances............we don't know the evidence in the case...........all that matters.

I was afraid that was my only option. Unfortunately we can't afford an attorney for that kind of charge. My mother and I have made many attempts to contact his lawyer and he has as of yet to return our calls. The downside of this is that my brother is in New Orleans and we chose to evacuate for Hurricane Katrina and decided not to move back. There's not really much that we can do from Texas. Thanks for taking the time to try and give me some answers I really appreciate it.

 

[Scooterdog]

ATTORNEY AND CLIENT

"His first duty is to the courts and the public, NOT to the client. And where ever the duties of his client conflict with those, he owes as an officer of the court in the administration of Justice, the former must yield to the latter."
Corpus Juris Secundum Vol. 7, Section 4.

One could sue said lawyer for malpractice. But, this doesn't do you brother much good.

Maybe you could do a search for legal groups who can help if you don't have any money. There is a program in Montana, backed by the Federal Government, that helps persons get lawyers. I'm sure your state would have something like this, rather than have a court appointed lawyer do this.

 

[Scooterdog]

Maybe this site would have some information for you.

http://www.lawhelp.org/LA/

 

[mafioso]

I was afraid that was my only option. Unfortunately we can't afford an attorney for that kind of charge. My mother and I have made many attempts to contact his lawyer and he has as of yet to return our calls. The downside of this is that my brother is in New Orleans and we chose to evacuate for Hurricane Katrina and decided not to move back. There's not really much that we can do from Texas. Thanks for taking the time to try and give me some answers I really appreciate it.

If you can't go there for the reasons you mentioned............there is little you can do for him at this point. Check and see if there are support groups which help such people.......check online. You can't do better than your best. Good luck.