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Sixty-Day Rule is Unfair to Indigent Defendants
Feb. 15, 2007
The Times-Picayune
Opinion
Re:"Crime thrives under 60-day rule," Page 1, Feb. 12.
At the very least, this article was one-sided. At worst it stinks of abject irresponsibility.
The 60-day rule under Article 701 is by far the most pro-prosecution, anti-defendant rule in this country when it comes to the acceptance of charges in a felony criminal case.
In fact, there is a serious question as to whether the 60-day period violates the rights of indigent defendants, who sit in jail without counsel the entire time while those with money can be out on bail and have counsel within hours.
Yes, you read that right, they have no right to counsel working on their behalf in Louisiana until the end of those 60 days or whenever Mr. Jordan's office gets good and ready to accept the charges.
During that time, these people are not even formally charged with a crime -- yet they sit in a prison cell as if they were guilty until proven innocent.
As for the recent rise in the number of releases under Article 701, that points squarely at the district attorney's office once again.
There have been people sitting in jail for months on end without having their charges accepted, being arraigned (something that must happen within 90 days of arrest under the code), seeing a lawyer, anything.
It is no wonder so many more people have been released as the violations of their constitutional rights have only become more egregious.
Perhaps Ms. Filosa should spend a little time down at Orleans Parish Prison. Maybe then she will rename the "get out of jail free" card the "stay in jail without a lawyer" card.
Alireza Alivandivafa
New Orleans |
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National Association of Criminal Defense Lawyers (NACDL)
1660 L St., NW, 12th Floor, Washington, DC 20036
(202) 872-8600 • Fax (202) 872-8690 •
assist@nacdl.org
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