Felonies
Pursuant to Louisiana law, a felony is defined as any crime
for which the punishment may be death or imprisonment at hard labor. Under the
recently-amended court rules, at the time of the filing of a bill of information
or indictment, felony cases are randomly allotted to one of the seven divisions
of 14th Judicial District Court which handle criminal cases. The only exception
to this rule is that, if there is a felony case currently assigned to a division
of court, any new felony would follow it to that division, or follow any felony
probation violation that may be filed. Capital, or death penalty cases, are also
randomly allotted, but there is no following a previously allotted felony, nor
do subsequent felonies follow a capital case. Once allotted, the case remains
with that division, through pre-trial motions, until disposition, unless some
conflict develops.
In order to address the changes in court rules, the Felony Section of the 14th
Judicial District Attorney's Office was completely revamped. One felony
Assistant District Attorney is assigned to each division of court, and that ADA
handles all felonies that come into that division. Each ADA is assigned an
investigator and secretary to assist with the work necessary in preparing the
case ;for court, including answering pre-trial motions, subpoenaing and hearing
pre-trial motions, subpoenaing and preparing for trial, as well as pre-trial
conferences with law enforcement and victims and witnesses. ADAs meet with all
registered crime victims to discuss the case with them and to learn their
feelings as to how they would like the case resolved.
Currently, each division has seven petit jury weeks scheduled which are devoted
to the trial of felony cases. Each ADA must file a pre-trial priority list in
which he/she designates the order in which the cases will be called to trial, so
that the defense attorneys know where they stand. After discussions with victims
and families, plea offers may be extended to defendants and, if accepted, guilty
pleas are tendered. The trial judge is free to accept or reject the
recommendation, and, if rejected, the judge will impose the sentence that the
trial court determines to be appropriate and just. Appeals of convictions and/or
sentences are handled by the Appellate Division.
In addition, the Felony Division contains two specialized prosecution section,
Domestic Violence and Severe Child Abuse. These are more fully discussed
elsewhere. The Felony Section is supervised by Cynthia Killingsworth, Chief
Felony Prosecutor.
|
|