How can the defendant plead
"not guilty" when he/she confessed to the crime?
Even though the defendant has given a signed confession, he/she has the constitutional
right to a trial. Often defendants are advised to plea "not guilty"
at arraignment, so that their attorney will have an opportunity to file motions
in order to receive information about the crime.
How come my case keeps getting
continued?
Many victims become annoyed because of continuations. Judges grant continuations
for a variety of reasons. Unfortunately, a continuation cannot be anticipated
and a victim may wait all day in the courtroom to find out that their case
will be continued. Continuances are frustrating, but very common in the criminal
court process.
Will I have to testify?
Victims often have a great fear of having to appear in a public courtroom
and tell their story. A victim may have to testify at the Grand Jury hearing
and at trial. The victim's advocate and the ADA will take a number of steps
to alleviate this fear and make the experience less traumatic. After testifying,
most victims feel stronger and have a sense of relief since they were able
to face their perpetrator.
Can the perpetrator get out
of jail once he is arrested?
After a perpetrator is arrested a bond is set within 72 hours. The amount
of the bond depends entirely upon the judge. That perpetrator can bond out
of jail at any time if his/her bond is paid. A defendant might be out of jail
a short time after the crime is committed until trial. Defendants that cannot
pay their bond may have a bond reduction hearing in which the judge has the
opportunity to lower their bond.
Where do I go for help to
pay my medical bills?
The Crime Victim Reparation Fund can assist you with medical bills associated
with injuries resulting from a crime. The victim assistance office can give
you more information on how to apply for Crime Victim Reparation money
Do I have to hire an attorney?
No. In criminal matters you are represented by the state of Louisiana. In
other words, an Assistant District Attorney is assigned to your case. Civil
matters are handled differently and you would be required to hire an attorney
on your behalf.
If a defendant pleads guilty and gets probation,
does that mean he got away with it?
It is always important to remember that when a defendant pleads guilty it
is a good situation. When a defendant pleads guilty is shortens the amount
of time it takes for your case to be resolved. It will also relieve the victims
and witnesses from having to testify at trial. A probated sentence is often
misunderstood, and thought of as a "free ride" for the defendant.
Probation requires the defendant's active participation that he/she is required
to report to a probation officer in court monthly. These monthly monitoring
court dates can last from 6 months to 5 years depending on the duration of
the probation that is set by the judge. The defendant will also be required
to pay fines, court costs, monitoring fees, fees to the public defender, and
restitution to the victim. If the defendant does not fulfill all of the special
conditions of his/her probation, it is likely the defendant will have to serve
jail time.
|
 |
