La. Admin. Code tit. 22, § XV-1139 - Preparation for Disposition

A. In preparing for disposition, counsel should consider the need to:

1. inform the client of the dispositional alternatives, and the likely and possible consequences of those alternatives;

2. maintain regular contact with the client prior to the disposition hearing, and inform the client of the steps being taken in preparation for same;

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, financial status, family obligations, and sources through which the information provided can be corroborated;

4. inform the client of his or her right to testify at the disposition hearing and assist the client in preparing the testimony, if any, to be made to the court, considering the possible consequences that any admission of guilt may have upon an appeal;

5. inform the client of the effects that admissions and other statements may have upon an appeal, termination of parental rights proceedings, or other judicial proceedings, such as criminal proceedings; and

6. collect documents and affidavits to support the defense position and, where relevant, prepare witnesses to testify at the disposition hearing; where necessary, counsel should specifically request the opportunity to present tangible and testimonial evidence.

Notes

La. Admin. Code tit. 22, § XV-1139

Promulgated by the Office of the Governor, Public Defender Board, LR 37:329 (January 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148.