Legal Question in Criminal Law in Louisiana

To clarify my previous post:

Prior to trial, the defendant was offered a 20 year plea deal on 3 counts of armed robbery. The defendant plead not guilty and refused the offer. The case went to trial and the defendant was found guilty of 2 counts of armed robbery and 1 count of attempted armed robbery. The DA is attempting to multi-bill the defendant. If she wins, the defendant may face a maximum sentence of 600 years.

Sentencing was set for March 30, 2011. It was postponed and a new plea deal was offered for 40 years. The defendant continues to plead not guilty and once again he refused the offer.

My Question:

Why would the DA offer a new plea deal after the conviction? The public defender says it's because she is doing him a favor. This sounds fishy to me. Has the DA possibly overcharged the defendant? Or is she fearful of losing the appeal?

Question 2:

If the defendant accepts the 40 year plea offer, will he forfeit his right to an appeal? Will he be able to continue to fight the system? Will he be eligible for parole?

Last Question:

Is this new deal a blessing or should we continue to fight?


Asked on 4/06/11, 8:32 am

2 Answers from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

If the jury found him guilty, he can appeal based on mistakes at trial. He can only appeal a sentence if it is illegal. There doesn't appear to be a problem with the billing. Billing is complete prior to arraignment. If there are still pending trials on other charges, a deal may preclude the need for additional trials. If he accepts a plea deal, he can only contest sentence if he was coerced or it was illegal.

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Answered on 4/06/11, 10:42 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

He is offered 40 years for 3 convictions that could get him a total of 446 years without a chance of parole.......each armed robbery carries up to 99 years and the attempted is 50. If they have him declared an habitual offender, then depending on how many other felonies they prove he was convicted of, he can get a bunch more. You said 600 years......that is only another 154 years. I think the DA may be lazy and does not want to mess with this felon anymore. Since you are not the one who will do the time, ask the felon what he wants to do. Since he was not very smart in turning down the 20 year plea without I assume, the chance of the DA multiple billing him, what makes you think he will take 40? What he should do is beg to get the 20 year deal......but that will not happen since he cost the state the expense of a trial. I cannot fathom what the DA could have done wrong that the felon thinks is the reason for the 40 plea. Heck, the DA does not have to multiple bill him, just let the Judge sentence him to 446 years, that is enough.

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Answered on 4/06/11, 6:48 pm


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