WHO IS ELIGIBLE FOR A PUBLIC DEFENDER?
People who cannot afford to hire an attorney for their criminal case because they are indigent (needy) or have a low, fixed income. Every applicant must qualify. Public Defender services are not guaranteed.
WHAT IS THE PROCESS FOR OBTAINING REPRESENTATION?
- Incarcerated clients are presumed indigent at call-out and the Office of the Public Defender is appointed. The Chief Public Defender assigns the attorney.
- OPD Staff conducts an initial interview at call-out
- During this interview, the client is informed that should he/she make bail and wish to have the Office of the Public Defender continue representation, an application to determine indigency should be submitted in accordance with LA R.S. 15:175 at the district office.
- If client is found not be indigent, he/she is informed of this determination and a motion is filed to notify the court.
- At the time of application to the district office for determination of indigency a $40.00 non-refundable application fee shall be collected.
- The Public Defender does not share application or any other client information with family members, friends or any other individuals without a signed consent from the applicant/client.
- Once the client is assigned an attorney, which is usually within 24 hours, the client is notified of the assignment, and that attorney will schedule future meetings with the client.
WHAT SHOULD I WEAR TO COURT?
MEN: wear shoes with socks; long pants (on pants with belt loops, wear a belt);collared shirt (tucked in) preferably with a tie, with or without a jacket.
WOMEN: wear shoes; a dress, skirt (preferably nor more than two inches above the knee) or long pants; a blouse, sweater or casual dress shirt.
We suggest you DO NOT wear the following to court: Shorts; hats; halter or tube tops; see-through top or bottoms; flip-flops; clothing that exposes your midriff or underwear, ripped or torn jeans; baggy pants that fall below your hips; clothing with an emblem or wording that promotes illegal or inappropriate activity; clothing that depicts or promotes violence, sex acts, illegal drug use or profanity.
Rule 3: Courtroom Décor
Section D: All persons in the courtroom shall be properly attired in keeping with the dignity of the court. Short shorts, cutoffs, skimpy tops, muscle shirts, low-slung pants, exposing underwear or normally covered body parts, and hair curlers will not be permitted. Those parties/litigants not properly attired will be given return dates. Eating and drinking will not be allowed in the courtroom.
ARE PUBLIC DEFENDERS LICENSED ATTORNEYS?
Yes, the Public Defender and all Assistant Public Defenders in East Baton Rouge Parish are licensed attorneys who have graduated from law school and passed the Louisiana state bar exam.
MY ATTORNEY DOES NOT ANSWER THE PHONE WHEN I CALL, WHY?
Attorneys can be hard to reach by phone because they are often away from their desks – in court, visiting clients at a jail in or outside of the parish, or in meetings. If you are unable to reach your attorney by phone, you should leave a voicemail for him/her about why you are calling and provide a call back number. You may also write your lawyer a letter or send an email to him/her directly. You may also ask your lawyer if there is a time that is best for you to call.