La. Admin. Code tit. 22 § XV-1345

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1345 - Investigation

A. The child client's attorney shall conduct a prompt and diligent independent case investigation. The child client's admissions of responsibility or other statements to counsel do not obviate the need for investigation.

B. The attorney should ensure that the charges and disposition are factually and legally correct and the child client is aware of potential defenses to the charges.

C. The attorney should examine all charging documents to determine the specific charges that have been brought against the child client, including the arrest warrant, accusation and/or indictment documents, and copies of all charging documents in the case. The relevant statutes and precedents should be examined to identify the elements of the offense(s) with which the child client is charged, both the ordinary and affirmative defenses that may be available, any lesser included offenses that may be available, and any defects in the charging documents, constitutional or otherwise, such as statute of limitations or double jeopardy.

D. The attorney should seek investigators and experts, as needed, to assist the attorney in the preparation of a defense, in the understanding of the prosecution's case, or in the rebuttal of the prosecution's case. The attorney should avoid making herself the sole witness to information he or she anticipates introducing or needing to rebut at trial.

E. Where circumstances appear to warrant it, the lawyer should also investigate resources and services available in the community and, if appropriate, recommend them to the child client and child client's family.

La. Admin. Code tit. 22, § XV-1345

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2606 (September 2011), Amended LR 45411 (3/1/2019).

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