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Started By
Message
re: Attorneys for Accused Killer Theriot would like to be paid
Posted on 4/29/19 at 1:55 pm to OysterPoBoy
Posted on 4/29/19 at 1:55 pm to OysterPoBoy
quote:
This is why you often see them gathered together at night singing spirituals.
Most of the attorneys don't complain about it, many professions are expected to do pro bono work even if it is not forced, it isn't like we didn't know before we signed up.
The real issue doesn't come up unless and until one is put on a capital case. In those rare situations, time/income loss and out of pocket costs can be very significant.
1
Posted on 4/29/19 at 2:43 pm to Obtuse1
I'm confused. Doesn't the public defender's office handle indigent defendants, as in: that's what they get paid to do?
Posted on 4/29/19 at 3:35 pm to TigerstuckinMS
quote:
I'm confused. Doesn't the public defender's office handle indigent defendants, as in: that's what they get paid to do?
The general answer is yes, but depending on the jurisdiction there are times when private attorneys are appointed by the court to defend someone an example is if the PDs office has a conflict, which happens more often than most would think. There are even states that have laws that allow for attorneys to be appointed in certain civil actions.
I don't know the specifics of this case and never practiced in LA.
In the states I practiced in you might get one of these cases every 5 years if you were an active criminal defense attorney, the more counties you were active in the higher the more often you would get appointed.
Posted on 4/29/19 at 3:39 pm to Obtuse1
quote:
That said there is very little motivation for the public to be willing to cough up their money to defend Theriot. That said preserving each of our rights has a cost of some sort but as dictated by human nature most people are only interested in paying the cost for the ones they expect to exercise.
Could definitely see that happening. Thanks for your input
Posted on 4/29/19 at 3:41 pm to idlewatcher
quote:
I'm assuming a lot of those cases are relative slam dunks for the prosecution. If the defense can't supply a decent attorney or the defendant can't hire a decent attorney, the prosecution is in a great position to win.
Years ago my dad's law partner got assigned to defend a death penalty case. He had never practiced criminal law and hadn't given a thought to it since law school. He got out of it but it took some maneuvering. IIRC it went to the court of appeal or maybe the state supreme court.
Posted on 4/29/19 at 5:07 pm to jdd48
quote:So because someone goes fricking nuts we should reduce their punishment? frick all these bullshite excuses for frickers who murder. And if someone does want to plead insanity, right then and there send their arse to the mental ward for life with a concoction of brain liquefying meds on the daily. No point of having a trail if they are a self admitting lunatic. Keep their arse away from society.
There's a legitimate clinical condition known as brief psychotic disorder.
Posted on 4/29/19 at 5:09 pm to LSUFanHouston
quote:
I'm really curious to see how a not guilty defense here is going to work.
for a charge like this the judge almost assuredly would not have accepted a plea of guilty at arraignment
Posted on 4/29/19 at 5:12 pm to TigerstuckinMS
quote:
Doesn't the public defender's office handle indigent defendants, as in: that's what they get paid to do?
death penalty cases can create issues b/c you have to be certified to try them, iirc
Posted on 4/29/19 at 5:14 pm to Dizz
If they are court appointed attorney's, aren't they being paid?
Posted on 4/29/19 at 5:15 pm to kywildcatfanone
quote:
If they are court appointed attorney's, aren't they being paid?
no
and the attorney has to file to get an order to get costs/expenses paid (which is what seems to be the subject of OP)
Posted on 4/29/19 at 5:35 pm to SlowFlowPro
quote:
death penalty cases can create issues b/c you have to be certified to try them, iirc
I don't know about LA but in SC to be lead counsel on a death penalty case you have to file a Rule 421 application. The general requirements are 5 years in practice and 3 years of active felony TRIAL work. It is a tough decision for an attorney in private practice because if you get certified you have a good chance of getting appointed to one some time in your career and it can easily cost you $200k of earning potential when it happens. I clerked for a solo practitioner in law school that was handling an appointed death penalty case and he had to hire an associate and 3 extra staff members just to try to continue making a living.
In SC there are a lot of small counties that don't have a single certified lead counsel in the office.
Posted on 4/29/19 at 6:18 pm to Obtuse1
quote:I worked a capital case in California where we went out of pocket over $100K in experts alone. We recouped some of it from the state, but we still lost our shirts collectively. Meanwhile, the ADA had all the funding she could ever need. Tried the same case 3 times, first to a mistrial, second to a guilty verdict reversed on appeal, and third to a guilty verdict that finally stuck.
the State will spend more on your prosecution than you can on your defense.
Posted on 4/29/19 at 7:01 pm to FCP
holy shite
Posted on 4/29/19 at 7:15 pm to LSUFanHouston
quote:
If the state forced you do to something work-related, would you want to get paid for it?
Today I learned that court appointed attorneys don't get paid...
Posted on 4/29/19 at 7:15 pm to Fun Bunch
quote:
If the only deal they are offering is the death penalty, you have no reason to plead guilty
Been a while since I looked at this, but I do not think the law allows guilty pleas to a captial offense.
Posted on 4/29/19 at 7:16 pm to PhiTiger1764
quote:
Today I learned that court appointed attorneys don't get paid...
Public Defenders aren't the only attorneys to be appointed for criminal defense
Posted on 4/29/19 at 7:17 pm to LSUFanHouston
How shitty of a lawyer do you have to be to defend guilty people. I would only defend innocent people
Posted on 4/29/19 at 7:21 pm to SlowFlowPro
quote:
Public Defenders aren't the only attorneys to be appointed for criminal defense
Also news to me.. really had no idea and kinda shocked. Obviously, no legal background.
Posted on 4/29/19 at 7:23 pm to PhiTiger1764
oh sorry i misread your tone. thought it was sarcasm
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