La. Admin. Code tit. 22, § XV-1361 - Plea Negotiations

A. The attorney should explore with the child client the possibility and desirability of reaching a negotiated disposition of the charges rather than proceeding to an adjudication, and in doing so, should fully explain the rights that would be waived by a decision to enter a plea and not to proceed to adjudication. After the attorney is fully informed on the facts and the law, he or she should, with complete candor, advise the child client concerning all aspects of the case, including counsel's frank estimate of the probable outcome. Counsel should not understate or overstate the risks, hazards or prospects of the case in order unduly or improperly to influence the child client's determination of his or her posture in the matter.

B. The attorney shall not accept any plea agreement without the child client's express authorization.

C. The existence of ongoing tentative plea negotiations with the prosecution should not prevent the attorney from taking steps necessary to preserve a defense nor should the existence of ongoing plea negotiations prevent or delay the attorney's investigation into the facts of the case and preparation of the case for further proceedings, including adjudication.

D. The attorney should participate in plea negotiations to seek the best result possible for the child client consistent with the child client's interests and directions to the attorney. The attorney should consider narrowing contested issues or reaching global resolution of multiple pending cases. Prior to entering into any negotiations, the attorney shall have sufficient knowledge of the strengths and weaknesses of the child client's case, or of the issue under negotiation, enabling the attorney to advise the child client of the risks and benefits of settlement.

E. In conducting plea negotiations, the attorney should be familiar with:

1. the various types of pleas that may be agreed to, including an admission, a plea of nolo contendere, and a plea in which the child client is not required to personally acknowledge his or her guilt (Alford plea);

2. the advantages and disadvantages of each available plea according to the circumstances of the case including collateral consequences of a plea;

3. whether the plea agreement is binding on the court and the Office of Juvenile Justice.

4. whether the plea is expungable; and

5. whether the plea will subject the child client to requirements to register as a sex offender.

F. In conducting plea negotiations, the attorney should attempt to become familiar with the practices and policies of the particular jurisdiction, judge and prosecuting authority, and probation department that may affect the content and likely results of negotiated pleas.

G. In preparing to enter a plea before the court, the attorney should explain to the child client the nature of the plea hearing and prepare the child client for the role he or she will play in the hearing, including answering questions of the judge and providing a statement concerning the offense and the appropriate disposition. Specifically, the attorney should:

1. be satisfied there is a factual or strategic basis for the plea or admission or Alford plea;

2. make certain that the child client understands the rights he or she will waive by entering the plea and that the child client's decision to waive those rights is knowing, voluntary and intelligent; and

3. be satisfied that the plea is voluntary and that the child client understands the nature of the charges;

H. When the plea is against the advice of the attorney or without adequate time to investigate, the attorney should indicate this on the record.

Notes

La. Admin. Code tit. 22, § XV-1361

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2608 (September 2011), Amended LR 45413 (3/1/2019).

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