Legal Question in Criminal Law in Louisiana

Expert Witness Fees

My question is whether or not a Defendant in a criminal matter with serious charges can request and receive expert witness fees for his own medical expert even if he has a private attorney? Defendant's family retained private coun sel however the Defendant himself has no money. Would he be allowed to have fees waived for an expert to evaluate his medical condition at state expense due to his own indigency?


Asked on 4/08/06, 6:26 pm

2 Answers from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: Expert Witness Fees

Dear LawGuru Friend,

Certainly your friend or relative can ask for, and receive, if the judge grants his request, an expert to testify on his behalf. Of course, there is the question as to whether or not his medical condition is relevant to any of the issues in his case. For example, if the defendant has pleaded not-guilty and not guilty by reason of insanity, then the issue of his medical (mental) condition is certainly relevant. Or, if the defendant pleads that he is not presently mentally capable of understanding the nature of the charge or charges against him and/or is so mentally deficient that he cannot assist his counsel with his defense, then certainly he is entitled to at least one court-appointed and state-paid-for expert witness to assist him with his defense. On the other hand, if his deficient medical condition is just a physical one that requres the help of a physician, then it is not up to the court (judge) to grant him medical assistance paid for by the state; but it is simply a responsibility of the person who is holding the defendant in custody, if in fact he has not been able to bond out of jail and is in the custody of the state. Of course, there is more to it all than this, but this is something to consider.

Best of luck to you and your friend or relative!

Sincerely,

Hardy Parkerson, Atty.

[email protected]

Lake Charles

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Answered on 4/09/06, 2:06 pm
Andrew Casanave Andrew M. Casanave

Re: Expert Witness Fees

Generally, No. It is assumed that if you can afford counsel you can afford the entire defense.

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Answered on 4/08/06, 10:32 pm


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