La. Admin. Code tit. 22 § XV-1527

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

Section XV-1527 - Probation Revocation Representation

A. Trial counsel should be prepared to continue representation if revocation of the child client's probation or parole is sought, unless new counsel is appointed.

B. The attorney appointed to represent the child client charged with a violation of probation should prepare in the same way and with as much care as for an adjudication. The attorney should:

1. conduct an in-person interview with the child client;

2. review the probation department file;

3. identify, locate and interview exculpatory or mitigating witnesses;

4. consider reviewing the child client's participation in mandated programs; and

5. consider obtaining expert assistance to test the validity of relevant scientific evidence (e.g., urinalysis results).

C. In preparing for a probation revocation, the attorney should be familiar with all the procedural protections available to the child client including but not limited to discovery, cross-examination, compelling witnesses and timely filing of violations.

D. When representing a child client in a revocation of probation hearing who was not a client of the attorney at the initial adjudication, the attorney should find out if the child client was represented by an attorney in the underlying offense for which the child client was placed on probation. The attorney may have an argument if the child client entered an admission without counsel and did not give a valid waiver of counsel.

E. The attorney should prepare the child client for the probation revocation hearing including the possibility of the child client or parent being called as witnesses by the State.

The attorney should also prepare the child client for all possible consequences of a decision to enter a plea or the consequences of a probation revocation.

F. In preparing for the probation revocation, the attorney should prepare alternative dispositions including the possibility of negotiated alternatives such as a pre-hearing contempt proceeding or an additional disposition short of revocation.

La. Admin. Code tit. 22, § XV-1527

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2615 (September 2011), Amended LR 45419 (3/1/2019).

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