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Louisiana Affidavit Shared Representation with Co Defendant

State:
Louisiana
Control #:
LA-5016
Format:
Word; 
Rich Text
Instant download

Description

This Affidavit is a sworn statement of the defendant in which the defendant acknowledges his understanding that the attorney representing him in criminal charges on a certain matter is also representing the defendant’s co-defendant. The defendant acknowledges being advised that he is entitled to conflict-free representation in this matter and that, having considered all advice, he feel that his defense is not in conflict.

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FAQ

Article 218.1 specifies the procedures for plea bargains and agreements in criminal cases in Louisiana. This article ensures that defendants are aware of their rights during plea negotiations and outlines how such agreements should be documented. It is a vital consideration in the context of Louisiana Affidavit Shared Representation with Co Defendant, as both parties may negotiate terms that benefit their shared legal standing.

It seems that lawyers can (and do) act for family and friends so long as: the practitioner reasonably expects to serve the client honestly and fairly, and with competence and diligence (example from the Law Institute of Victoria Professional Conduct and Practice Rules).

A co-defendant is a third party other than the defendant in the case in which another co-defendant is charged and is by nature a witness.Therefore, a co-defendant is a third party other than the defendant in the case in which another co-defendant is charged and is by nature a witness.

Yes, co-defendants can testify against each other. In only limited situations can one defendant prevent certain testimony from the other defendant.

Yes, an attorney can represent both if there is no conflict. In certain cases, conflict can be waived. However, if the case goes to trial, it may be required to have 2 attorneys.

So long as there is no potential conflict of interest involved, an attorney can represent two different parties in either a criminal or civil case.

A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits. And, ordinarily, there can be no representation of a client whose interests would conflict with the lawyer's interests.

Yes, co-defendants in drug cases may receive different sentences. When two people are charged and convicted of the same crime, the maximum penalty they are facing may be the same, but the actual sentence each receives can vary greatly.

However, one attorney cannot represent both parties. An attorney is ethically prohibited from representing two people with conflicting interests who are in a dispute. The parties can attempt mediation without the use of attorneys, but the mediator cannot give legal advice to either party.

Every case is different, but generally speaking, when co-defendant's take a plea, they can now testify against the defendant and may even receive a lighter sentence as a result. On the other hand, in some cases, it allows the defendant's attorney to point to the co-defendant and say, "it was all his fault."

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Louisiana Affidavit Shared Representation with Co Defendant