If you are ever charged with committing a crime, then you will need to retain a criminal defense attorney. Are all criminal defense attorneys the same? No! You need to keep in mind that your defense attorney will play a huge role in whether you are convicted of a crime and if convicted, what might happen to you. Remember, you are putting your future and possibly your life in the hands of your defense lawyer. Make sure you select the lawyer that you want to represent you. Make sure you ask them questions about their experience, their plans and also what they are going to charge you for their services.
There are several things you should be aware of when you select a criminal defense attorney. Some of the important considerations and questions you should ask include the following:
One of the most important things you have to know about your defense attorney is their level of experience. Have they handled your type of case before and have they taken it to trial. Ask your lawyer how many cases they have tried before a judge or jury. Trial law is considered a unique skill because very few attorneys do it on a regular basis. If your case does go to trial, you want to make sure that your defense attorney has experience in that regard.
Be sure that the defense attorney that you hire will actually be the attorney that handles your case. Ask the attorney if they will personally be handling your case. In some cases an attorney will meet with you, briefly discuss your case and tell you what they can do for you. You feel comfortable and hire the attorney and then another attorney is assigned to your case. In a reputable firm, the defense attorney you hire is the defense attorney that does the work on your case and is available to you during the legal process.
Consider hiring a defense attorney that is a former prosecutor. In many cases, former prosecutors have handled and tried many more cases than most of the defense attorneys. They also tend to understand how investigations and prosecutions work and in general may have a better relationship with current prosecutors and law enforecment officers. This could put your former prosecutor at an advantage in handling your case.
Make sure your defense attorney is familiar with he local prosecutors and judges that will be involved with your case. Different judges with different backgrounds may have different rulings based upon the evidence that is presented.
Your defense attorney should be able to explain the legal process to you in a way that you can understand. Your attorney needs to let you know what they want to accomplish at each step in the legal process. They should be able to do that without using legal terms that you may not understand.
A majority of the criminal cases are settled before trial either by dismissal of charges, diversion or plea bargin. Your attorney must be familiar with these alternatives and be able to inform you of the options and the pros and cons of each decision.
Try to determine how your defense attorney measures success in their practice. You want to find out if the attorney is really interested in doing the best denfense for you, or just trying to advance their career. Again, remember it is your future that is at risk and you need to know that your attorney is going to be there for you.
Find out how much it is going to cost. What are the attorneys fees. Does the defense attorney quote you a flat fee or an hourly fee. Can any of the retainer be refunded if you decide not to use the services of the attorney. Different attorneys will charge differently for the same case. Don't worry about asking how much it is going to cost you.
Your attorney should be able to explain what additional fees will be added on to your costs. These additional fees can include investigations, paralegal work, and forensic tests.
Check to see if the defense attorney currently has malpractice insurance. If an attorney does now cary malpractice insurance you may need to be concerned that the reason for lack of malpractice insurance is because the attorney previously committed malpractice and can no longer afford the insurance.
Make sure that the defense attorney you retain actually cares about helping you with your legal problem. Make sure that the attorney you hire has a genuine concern about what is best for you.
If you are not able to afford a defense attorney, the court will appoint a free attorney to people that aren't able to afford a lawyer.
Always remember that this is your future and your life. You deserve to find a criminal defense attorney that will provide you with the best defense possible.