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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31019
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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in Louisiana can a judge have a trial by judge without the

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in Louisiana can a judge have a trial by judge without the defendant having counsel when counsel wants to withdraw and the defendant wishes to have counsel present even if defendant is willing to seek other counsel and let the first lawyer withdraw

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : Did the judge require the defendant to proceed with the current lawyer?
Customer:

no not really the attorney continued under protest but was not going to allow me to not be represented but wanted to withdraw due to defendant threating attorney both phisycaly and with the threating to report them to the bar for not giving defendant any information about prosocutions case

Customer:

The judge plainly said that he would release said attorney but the defendant was still going to trial with or without counsel

Kirk Adams : Ok. Thanks for the information.
Customer:

In turn it all of a sudden ends up going from you will be aquitted to if you go to trial today you are going to jail for 6 months to a year

Kirk Adams : If it's a criminal case, the judge should not allow the defendant to go to trial without counsel unless the defendant waives it.
Customer:

So I had to plead no contest it was under the plain threat of going to trial with out counsel. Counsel also informed the judge the he felt he could no longer represent defendant to the best of his ability

Customer:

defendant NEVER waived it told judge he was willing to hire other counsel

Kirk Adams : You usually have to claim that the plea was willingly and voluntarily made, so if you did that, it may be tough for you to overcome or withdraw the plea. It's possible, but would be tough.
Kirk Adams : You would have to file a motion to withdraw the plea and claim that it was made under duress and that the judge abused his discretion and made threats that induced you to plea.
Customer:

I need a excellent lawyer in Lafayette la to help me what could I say tell the judge that the reason I'm accepting the plea is because he threatened me with going to trial without counsel

Kirk Adams : That would be your ground to request that the plea be withdrawn. If the judge denied your motion, then you could appeal the decision to the appeals court.
Kirk Adams : As for finding an attorney, you should visit www.martindale.com and search for an attorney in your area.
Kirk Adams : Once you go to the site, click on "Find a Lawyer or Law Firm" and then enter your relevant information - location and area of practice (criminal law).
Customer:

Would the same judge hear the motion

Kirk Adams : Yes - - BUT, you'd likely have to file a motion to withdraw, and if it were denied, you could then appeal and claim the judge erred, abused his discretion, etc.
Kirk Adams : If your appear were successful, and your case was sent back to the trial court, you could ask that the judge be removed from the case due to his previous actions.
Customer:

once motion is filed will that suspend the plea agreement

Customer:

until the next trial date

Customer:

do you recommend an appeals attorney for this

Kirk Adams : No, the appeal will not stop the plea or the terms of the agreement.
Kirk Adams : I think a criminal attorney is the best option - - he/she should be familiar with the appeals process as well.
Customer:

so I would still have to do all the probation stuff until when

Kirk Adams : Yes - - unless you could get the court to approve a bond while the appeal is pending.
Customer:

how long does this generally take

Kirk Adams : That's a good question - - there's no set time; but, most appeals take 6-9 months.
Customer:

I can live with that how much do you think the appeal bond would be the crime is a misdemeanor domestic assault first offense

Kirk Adams : That I can't say - - it would just be up to the court. I don't think there's a set scale/amount. A local attorney would likely be able to tell you that.
Customer:

thank you for your information Kirk I will start looking for the best lawyer money can buy you have done an excellent job I will request you if I need any further assistance.

Kirk Adams : Great! THANKS for the kind words - - I really appreciate it. Good luck with your search, and let me know if you need anything further.
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