André Bélanger

Trial Attorney and advocate for personal freedom; devoted husband and father; amateur cook; interested in college sports and all things NOLA.

[André Bélanger @andrebelanger6]

@GreenWaveBSB @TulaneAthletics @UNISWAG @UniAuthority @UniWatch Nice. I need to snag the blue one.

[André Bélanger @andrebelanger6]

@thehill @TheHillOpinion The images of bare shelves coupled with the highest inflation rate in 40 years and the pain Americans feel with higher prices in gasoline and food makes DEM election prospects look grim. Couple that with the foreign policy defeat with the retreat from Afghanistan…...

[André Bélanger @andrebelanger6]

@UnitedAirlines_ customer service is horrible. trying to modify flight plans. understand they have delays. the 50 minute phone delay is really 1.5 hours and i've been disconnected twice without a single call back from a rep. on hold for the third time. cant fix online either.

[Jalen McCleskey @lilsho2]

Happy Thanksgiving!

[You Had One Job @YouHadOneJ0B]

I don’t think that’s how boxing supposed to work.

[André Bélanger @andrebelanger6]

The article concludes in more disappointing news suggesting that the administration will not support recent bi-partisan proposals for reform by Sen. Grassley.

[André Bélanger @andrebelanger6]

Two of the President’s nominees to the United States Sentencing Commission are staunch supporters of mandatory minimum sentences and appear to favor “binding guidelines.”

[André Bélanger @andrebelanger6]

Back To The Future: 80s Era Sentencing Returns

This article shows the Trump administration’s commitment to eradicate the bi-partisan sentencing reform efforts of the past decade and turn a blind eye to the problem of mass incarceration.
https://t.co/sZxZo4Fk13

[André Bélanger @andrebelanger6]

@nkoreansanta a lot of defense attorneys are going to make some $$$

[André Bélanger @andrebelanger6]

As of now, most plea agreements do not call for such waivers though I would expect that to change in many jurisdictions.

[André Bélanger @andrebelanger6]

This article discusses the recent Supreme Court case of Robert Class which allows for defendants to challenge their conviction on the constitutionality of the statute unless explicitly waived.

[André Bélanger @andrebelanger6]

(which is often unknown when the plead), their recommended sentencing guidelines calculations and, in many cases, subsequent changes in law and procedure that would normally afford the defendant a retroactive benefit.

[André Bélanger @andrebelanger6]

Limiting The Power Of The Appellate Waiver

There are many injustices with the practice of federal criminal defense. One of these is the “appellate waiver” that precludes those pleading guilty from challenging their sentence.

https://t.co/ReKNOVDEhH

[André Bélanger @andrebelanger6]

To post commercial bail in Louisiana, all arrestees must pay a 12% premium to the bail bondsman. Part of that is their non-refundable fee. Money talks. And, yet, we have jails packed with people on minor crimes who cant afford bail.

[André Bélanger @andrebelanger6]

Academically, people have suggested making a change and I’ve heard rumors of pilot programs in Kentucky, but reform never happens here. Why? Well, the bail bond lobby is very powerful.

[André Bélanger @andrebelanger6]

I invite any reader to compare Louisiana’s state court pre-trial bail procedure to those used by the federal courts. Most of my federal clients are released on their recognizance. I’ve never had a client jump bail in federal court.

[André Bélanger @andrebelanger6]

What elected judge wants to be seen soft on crime especially when a person’s arrest is fresh in the paper? Indeed, low bonds can be political fodder as well. My old boss, the District Attorney in New Orleans, would keep bond folders on judges who were political rivals.

[André Bélanger @andrebelanger6]

While I am not sure of its success, the App raises awareness to a significant issue: pre-trial detention. Everyone arrested for a crime in Louisiana is entitled to bond yet the bonds in some places, like Louisiana can be off the charts. Why? Simply, politics.

[André Bélanger @andrebelanger6]

Acorn Style App For Inmates
Uses the same premise Acorn uses for funding your investments to fund the release of prisoners to end jail over crowding. Think of it as a general “go fund me” page for pre-trial detainees.

https://t.co/0c0DsCIeKl

[André Bélanger @andrebelanger6]

As the data holder, they could file a motion to quash a defense request or, and less costly for them, could notify prosecutors or the third party who could do the same. My fear is that exculpatory evidence is shielded by these policies.