Need advise on drug possession charges in Louisiana

[ladylynn]

My brother is in trouble. He called 911 one morning and told them he had overdosed on meth. Paramedics brought a sheriff with them to his house. After he was taken to ER for eval, police returned to his house with a warrant and searched it. He is charged with possession of marijuana, possession of schedule II., and illegal possession of firearm (because he had a gun in his house, which they seized.) They took him straight to jail from the ER. He can't afford a lawyer, so a PD was assigned to him. The PD doesn't tell us anything about what to expect and obviously doesn't care what happens. We have been to court 3 times. 1st time- judge assigned PD. 2nd time- PD entered plea of not guilty. 3rd time- Prosecuter moved for a jury trial. PD did not object or oppose movement of jury trial. Judge set another court date. My brother knows he has to plead guilty and wants to waive jury trial. When and how can he do this? He has never been in trouble before, and is hoping for leniency. Please help.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ladylynn:
My brother is in trouble. He called 911 one morning and told them he had overdosed on meth. Paramedics brought a sheriff with them to his house. After he was taken to ER for eval, police returned to his house with a warrant and searched it. He is charged with possession of marijuana, possession of schedule II., and illegal possession of firearm (because he had a gun in his house, which they seized.) They took him straight to jail from the ER. He can't afford a lawyer, so a PD was assigned to him. The PD doesn't tell us anything about what to expect and obviously doesn't care what happens. We have been to court 3 times. 1st time- judge assigned PD. 2nd time- PD entered plea of not guilty. 3rd time- Prosecuter moved for a jury trial. PD did not object or oppose movement of jury trial. Judge set another court date. My brother knows he has to plead guilty and wants to waive jury trial. When and how can he do this? He has never been in trouble before, and is hoping for leniency. Please help.<HR></BLOCKQUOTE>


My response:

Why in the world would your brother want to "waive" his right to a jury trial? In my opinion, that would be extremely foolhardy. Do you realize that the prosecutor has to prove to 12 jurors, beyond a reasonable doubt, and to a moral certainty, that your brother is guilty of each of those charges? All the defense needs is ONE juror to vote for aquittal (or Not Guilty) on any or all charges and your brother could, at least, be free from some of the charges or, if the wind is behind him, free on ALL charges, and come home. Is there something more to this story; e.g., has the P.D. been pressing your brother for a "Judge trial"?

IAAL



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[ladylynn]

IAAL- The arrest occurred in Dec. and I bailed him out of jail, so he is home, and I want it to stay that way. This is all very confusing. The PD is not very informative. I went with my brother the one time he has actually spoken with his defender. The PD told us that because of the 911 call, there is no defense. I thought that punishment would be less severe if he pleads guilty rather than be found guilty. Also, if he is required to pay court costs, a jury trial would be higher. He has no money, and is drowning in debt. He is trying to get his life back together. He isn't a bad person- he is just going through some very bad times right now. Is the PD wrong? My brother needs a second chance. Please help if you can.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ladylynn:
IAAL- The arrest occurred in Dec. and I bailed him out of jail, so he is home, and I want it to stay that way. This is all very confusing. The PD is not very informative. I went with my brother the one time he has actually spoken with his defender. The PD told us that because of the 911 call, there is no defense. I thought that punishment would be less severe if he pleads guilty rather than be found guilty. Also, if he is required to pay court costs, a jury trial would be higher. He has no money, and is drowning in debt. He is trying to get his life back together. He isn't a bad person- he is just going through some very bad times right now. Is the PD wrong? My brother needs a second chance. Please help if you can.<HR></BLOCKQUOTE>

My response:

I realize that you want your brother at home, but at the same time, I want you to be prepared for the worst. It's not that the P/D is wrong or right. Please understand something about this thing we call "the system." The P/D, like in most jurisdictions, has too many cases and is severely overworked and overloaded as a result. He's saying to your brother to "plead guilty" for two reasons: One, perhaps the evidence is overwhelming - but is always defensible in some manner; and two, a trial would cause the P/D to lose time from "more important" cases, and put him or her further behind. This is a sad fact, and while "Miranda" gives your brother the right to a "free attorney" for his defense, no one said your brother is entitled to "Perry Mason" either. Your brother, I believe, really needs a trial with a jury. If it's at all possible, get a loan, take up a collection from family, or a combination of both - - but get him a private criminal attorney who has time for a jury trial.

I wish I could help more.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."