LAC 22:XV.2125. Continued Custody Hearings

A. The attorney should take steps to see that the continued custody hearing is conducted in a timely fashion unless there are strategic reasons for not doing so. B. In preparing for the continued custody hearing, the attorney should become familiar with: 1. the elements of each of the offenses alleged; 2. the law for establishing probable cause; 3. factual information that is available concerning probable cause; 4. the subpoena process for obtaining compulsory attendance of witnesses at continued custody hearing and the necessary steps to be taken in order to obtain a proper recordation of the proceedings; 5. the child’s custodial situation, including all persons living in the home; 6. alternative living arrangements for the client where the current custodial situation is an obstacle to release from detention; and 7. potential conditions for release from detention and local options to fulfill those conditions, including the criteria for setting bail and options for the family to meet bail requirements.