If you find yourself accused of a crime or, worse, arrested, you’ll need some help to mount a defense and maximize your chances of leaving the situation unscathed. However, not all criminal defense attorneys will be a similarly good fit for you or your situation.
What questions should you ask of your prospective attorney before deciding to hire them?
Why You Need a Good Criminal Defense Attorney
Everyone in criminal legal trouble needs to have a criminal defense attorney. If you’re guilty of the crime of which you’re accused, you need a lawyer to represent you. If you’re innocent of that crime, you definitely need a lawyer to represent you.
Your lawyer is going to help you in many ways, likely serving as your representative as this case moves from start to finish. They will be with you in interrogations, protecting your rights and advising you on how to answer questions in ways that maximize your likelihood of avoiding conviction. They will recommend legal strategies to help you reduce penalties and possibly avoid jail time altogether. If your case moves to trial, they will even represent you in court. A good criminal defense attorney can help you avoid the steepest penalties and potentially help you return to normal life faster.
It’s estimated that 4 to 6 percent of people currently in jail or prison are actually innocent of the crimes of which they’re accused. Oftentimes, they end up in jail simply because they didn’t hire a criminal defense attorney or follow their advice.
Don’t let this happen to you.
Questions to Ask a Criminal Defense Attorney Before Hiring Them
Before you hire a criminal defense attorney, you should ask them some questions and get to know them and their practice a little better.
1. What is your area of expertise? First, make sure you’re talking to a criminal defense attorney. Most lawyers have specific areas of practice in which they specialize, and only criminal defense attorneys will be able to give you the greatest chances of success. Additionally, some criminal defense attorneys specialize in helping people with specific types of crimes, such as violent crimes or drug crimes.
2. How long have you been practicing? Experience is an excellent measure of an attorney’s worth. That’s not to say that young and inexperienced attorneys can’t be helpful, but more experienced attorneys will likely provide better support. Be sure to investigate how long this person has been practicing.
3. What are your fees? You may also want to ask about fee structures. It’s likely that you’ll be responsible for paying the costs associated with your criminal defense lawyer, though some lawyers are willing to take on cases pro bono. Of course, if you can’t afford a lawyer for any reason, you can secure a public defender at no cost.
4. What is my situation? Even if the police have advised you of the circumstances of your arrest or interrogation, you may not have all the details. Work with your lawyer to try and figure out what your situation is, including the charges against you, the potential penalties you could face, and what’s going to happen next.
5. Who will be working with me throughout this case? In some cases, law firms employ multiple lawyers in teams to work through cases. The lawyer who represents you during an interrogation may not be the same lawyer working on your case in the background, and a totally different lawyer could represent you in court. This is largely a matter of personal preference, but you may want to work with the same lawyer throughout the entire process. At the very least, you should be introduced to the lawyers who may help you with your case.
6. What are the holes in the prosecution’s case? There’s no such thing as a perfect criminal case for the prosecution. Typically, there are holes in the prosecution’s case – and you should be asking about them and exploring them. For example, there may be a piece of evidence against you that isn’t totally reliable, or you may have an alibi that contradicts a key piece of evidence in the case.
7. What are my plea options? You may be offered a plea bargain, through which you can receive lighter sentencing in exchange for a guilty plea. You need to understand the pros and cons of such a maneuver. If the evidence is heavily stacked against you, there may not be a viable way to defend yourself; if you’re going to be found guilty no matter what, you might as well accept the lighter sentencing. On the other hand, if you have a strong case, even a very attractive plea bargain may not be worth accepting.
8. What are my chances of winning? And, of course, you should ask about your chances of winning. Your lawyer may not have a perfect answer, as criminal cases can sometimes be hard to predict, but you should at least be able to receive a loose estimate.
Being accused of a crime or being interrogated can be incredibly stressful. It’s hard to think clearly or logically in such a situation. But to the extent that you still have your wits about you, use your intellectual resources to track down and hire the best possible criminal defense attorney you can find.