CAJUNLAWYER
Member
I was in Court doing a restitution hearing this afternoon. In Louisiana the miscreant is liable to the victim for all OUT OF POCKET expenses as a result of the crime. That means anything that is paid for third parties doesn't count-they have to file a civil suit for that.
SO the victim was a well known individual of no means, a veteran of the criminal justice system and a long time user of public services. I pointed this out to the Court and suggested that there were no "out of pocket" expenses as,the court could take judicial notice of the status of the victim (in fact the court had prosecuted the victim several time while a DA and knew she was impoverished as she has plead poverty several times to get out of paying fines and court costs) and make an educated surmise that medicaid took care of everything. It must be noted that the victim has never shown up in court to address this issue in spite of being personally served with subpoenas.
Well you think that I had just crapped on counsel table!!! I was accused of being racist ( by the DA) by assuming that the victim was on medicaid. I blew up and said it had nothing to do with racism but was due to the fact that she had been in and out of the system so many times over the years that the court could take judicial notice she was on medicaid.
What the hell?????????????
And then I go to a recently opened mexican restaurant in New Iberia for dinner with the wife (very good btw) and upon perusing the menu I see something titled "Gringo Dinners". At this point I just gave up
SO the victim was a well known individual of no means, a veteran of the criminal justice system and a long time user of public services. I pointed this out to the Court and suggested that there were no "out of pocket" expenses as,the court could take judicial notice of the status of the victim (in fact the court had prosecuted the victim several time while a DA and knew she was impoverished as she has plead poverty several times to get out of paying fines and court costs) and make an educated surmise that medicaid took care of everything. It must be noted that the victim has never shown up in court to address this issue in spite of being personally served with subpoenas.
Well you think that I had just crapped on counsel table!!! I was accused of being racist ( by the DA) by assuming that the victim was on medicaid. I blew up and said it had nothing to do with racism but was due to the fact that she had been in and out of the system so many times over the years that the court could take judicial notice she was on medicaid.
What the hell?????????????
And then I go to a recently opened mexican restaurant in New Iberia for dinner with the wife (very good btw) and upon perusing the menu I see something titled "Gringo Dinners". At this point I just gave up
