Criminal Law Questions Answered by a Leading Attorney in New Orleans

When arrested in Louisiana, we are accused, usually by a police officer, of having violated one or more of Louisiana’s criminal laws.  Whether “guilty” or not, while relevant, is not the only consideration or factor to consider.  A criminal defense attorney uses the facts of the case, the law surrounding the statute at issue, as well as any other relevant constitutional consideration, and the particular circumstances of their client’s life, history, and arrest to form the strongest case for their client.  

Even if we “did it,” we may have a constitutional argument for why evidence should be thrown out.
Even if we “did it,” we may have a strong argument for a compassionate resolution given our personal history.  Even if we “did it,” we deserve the most robust and zealous representation we can get.

It is always better to have a lawyer as soon after an arrest as possible, because our work as criminal defense attorneys can begin as soon as we are hired, however, most judges will accommodate clients who have not found attorneys by their first court dates.  What is most important is to never miss court.  

Also, a person has a right to hire an attorney at almost any point in their criminal case, so it is almost never “too late” to get a lawyer.  The important thing is to get representation.

No.  Once a person is accused of a crime, members of law enforcement (including the arresting officers and the assistant district attorneys who prosecute the case in court) have an ethical obligation to enforce the law, not to advocate for the arrested person’s rights.  

Talking to law enforcement without representation once accused of a crime is always dangerous, and almost never helpful.

In my experience, prosecutors almost always prefer to work with another lawyer rather than an unrepresented person who has been accused of a crime.  This is because, for a prosecutor, speaking to a person accused of a crime is ethically very problematic:  the prosecutor is an attorney well-versed in criminal law and procedure, and their job is to enforce the law and punish those who violate it.  

Anything an unrepresented person says to a prosecutor, even “I didn’t do it” or “I’m a really good person, I don’t deserve this” can be used to make the case against that person.  

When an accused person is represented, their lawyer can talk about the case with the prosecutor, as lawyers, not as the people personally affected by the case.  Representation in criminal court is always important, no matter what type of accusation is at issue, and no matter whether the accused person is “guilty” or “innocent.”