Arrest through Appeal

 You’ve been arrested, NOW WHAT? ​​

ARREST

Most criminal prosecutions begin with an arrest. At this stage, and in some cases before arrest when someone is under investigation or merely asked by the police to, “come in for questioning,” it is critical to have an attorney present to protect your rights, especially against self-incrimination. At this critical stage, the police try to get you to provide evidence against yourself. To be protected, you have to know you are entitled to protection. You do not have to nor should you give any information about yourself or your situation to the police.

BAIL

Upon arrest, you will often be given bail. The purpose of bail is to allow you to get out of jail but ensure your appearance in court at all stages of the prosecution. If you or your family can’t make bail, or if the posted amount is unfairly high, you need someone who knows what to argue to convince a judge that your bail should be reduced to the lowest possible amount. This is also the stage where we begin to develop the best defense strategies. I will get to know you, and aggressively begin my investigation into all the facts. After the police finish their investigation leading to your arrest, the case goes to the DA where it is screened by the prosecutors to determine what to charge you with. Although prosecutors have an ethical obligation to charge you only with what they can prove beyond a reasonable doubt, many times they overcharge to force a quick and easy plea bargain. If you are not able to make bail, the state generally has 60 days to file a bill of information or indictment against you for a felony, or 45 days for a misdemeanor. If they don’t institute prosecution by this time, they violate your right to a speedy trial. You should be released without having to post bail if your attorney has been keeping track of time and has filed the appropriate motion. You may still be prosecuted for the charge, however.

ARRAIGNMENT

Once charges are filed against you, either by bill of information or grand jury indictment, you will be given an arraignment date. If you have not yet been arrested for the charge, an arrest warrant may be issued for your arrest. At this court date, the judge will inform you of the exact charges filed against you by the prosecution and advise you of your right to counsel. The court will appoint a public defender to be your attorney if you cannot afford an attorney. If you later acquire the funds, you can always retain a paid criminal defense attorney. At the arraignment, you will enter a plea to the charges. The pleas are not guilty, guilty, nolo contendere, or not guilty by reason of insanity. However, other than traffic and some city courts, most pleas at the arraignment date are not guilty.

DISCOVERY AND MOTIONS

The filing of charges and institution of prosecution against you is a critical time because it entitles you, through your attorney, to access all of the state’s evidence against you. Throughout this discovery process, I will critically evaluate and independently investigate the states’ case. It is essential that your attorney be experienced with the crime you are charged with, know the law, and be familiar with the police tactics used leading up to your arrest. Depending on a thorough investigation and our defense strategy, there may be important motions and arguments to be made that can significantly weaken the state’s ability to prosecute the case and convict you. For example, if the police did not have reasonable suspicion to stop you when they found drugs in your car or searched your pockets when you posed no threat, a motion to suppress could be filed to expose the police misconduct. If the judge grants the motion, the state cannot use the drug evidence against you and your case would likely be dismissed.

PLEA NEGOTIATIONS

At some point during this pretrial discovery process, which varies by individual prosecutors, the state will extend a plea recommendation. This is the sentence the state is recommending without going to trial. It should be mostly based on the crime you are charged with and any criminal history. Your attorney should never automatically accept the first offer given, but should negotiate for the best possible outcome. This is a critical step in the defense of your case, and your attorney needs to be skilled in negotiation. My experience as a former prosecutor will be a weapon in negotiation. I will have a deep, thorough knowledge of your case, knowledge of the law and the courts, and ongoing communication with you throughout this process. The outcome of plea negotiating is either a plea or a trial. If we decide that your best result is a guilty or no contest plea, there should be a clear, obvious benefit to you. I will aggressively fight for the best result under the facts of your case, whether it be a dismissal, reduction in the charge, reduction in the prison sentence, or shortening the probation for a quicker expungement.

TRIAL

If we determine that entering a plea of guilty or no contest is not the best strategy, your case will proceed to trial. You have the right to go to trial in every criminal case. In felony matters, you may have a trial by jury composed of either 6 or 12 jurors, depending on the charge. All jurors must agree and unanimously vote guilty to convict you. In some circumstances, you may choose to be tried by a judge. At your trial, the prosecution must prove all the elements of the charge beyond a reasonable doubt. They must prove their case through witness testimony and other types of evidence. Your criminal defense attorney should be comfortable and knowledgeable in the courtroom, be skilled in cross-examining witnesses, know how to challenge the evidence presented by the state, and aggressively argue issues that arise during the course of your trial. Your best defense is Janet M. Perrodin, who has been trying cases for over thirty years.

SENTENCING

If the defendant pleads guilty or is found guilty at trial, the judge will determine the sentence based on statutory law, the defendant’s criminal record, and the facts of the case. The sentence may consist of hard labor (prison time), parish jail time, probation, restitution, community service, attendance of rehabilitative classes, obtaining a GED, drug screens, and payment of fine and court costs. I will communicate with you from the beginning, knows your life story, will get to know you, and will investigate, analyze and prepare evidence and witnesses to present to the judge at the sentencing hearing. I will be your best fight for leniency and will always remember how this critical time impacts your basic human and constitutional right to freedom.

APPEAL AND POST CONVICTION

APPEAL

If you have been convicted of a crime, you may be eligible to file an appeal. Appeals are usually sought when a defendant feels a mistake or error was made during the original trial. Before considering an appeal, it is important that you understand the Louisiana appeal process. An appeal can take months or even years to resolve An appeal is basically a request for a higher court to review a decision made by a lower court. The appeals process begins by filing a Notice of Appeal, then both sides submit briefs with the appellate court. After reviewing the briefs and in some cases listening to oral arguments, the judge will issue a decision over whether or not an appeal will be granted. If the appeal is denied, then the conviction will remain on your record. In some cases, you may request an appeal with the next highest court, the Louisiana Supreme Court. However, if your appeal is granted, then your conviction will be overturned, which could lead to reduced penalties, or even a new trial. I will know the law and make sure you have a thorough understanding of the appeals process, as well as your rights under the law. Most importantly, I will do everything I can to convince the appellate court to reverse your conviction, so you can move forward with peace of mind, and hopefully, a fresh start.

POST-CONVICTION RELIEF ​

If you have been convicted at trial or if you pled guilty, and have appealed and lost, another way to challenge your conviction is what is called post-conviction relief. You have two years from the date your conviction becomes final to file the petition with the court that initially sentenced you. Your conviction is considered final when you’ve lost your appeal with the Supreme Court. The issues you are allowed to raise in post-conviction are generally limited to newly discovered evidence, errors not previously known to the defense, new DNA evidence, a change in laws, ineffective assistance of trial counsel, evidence of witness tampering or perjury, intentional withholding of exculpatory evidence by the prosecutor, and other issues in the interest of justice. Your best fight for justice requires an experienced attorney with the time to start at the beginning and comb through and examine every document of your case files with fresh and independent eyes.

Janet M. Perrodin will first and foremost give you an honest assessment of whether there are valid claims to make. This will depend not only on a thorough examination of the trial court record, but may also require action to obtain documents that your attorney did not have before your trial, re-interviewing witnesses to look for inconsistencies or changes in their stories, finding experts who can review fingerprints, DNA or other physical evidence. If my investigation uncovers a valid claim of your due process rights being violated, I will file the post-conviction relief application and be prepared and ready to convince a judge why you should be freed, or your sentence overturned or lessened.