how to ask your lawyer about your criminal case

by Ms. Corrine Langworth I 4 min read

Don’t be shy – ask your lawyer how long they have been practicing criminal law, what percentage of their cases involve clients facing the same charge as you, and any other question that will help you judge how much experience they have handling your type of criminal case. READ 10 Reasons to Hire a Greenville Criminal Defense Lawyer 5.

15 Questions To Ask Before Hiring a Defense Attorney
  1. How long have you practiced criminal law? ...
  2. What are your educational and professional credentials? ...
  3. Have you handled cases like mine before? ...
  4. What is your success rate? ...
  5. Do you have any testimonials from past clients that I can read? ...
  6. How often do your cases go to trial?

Full Answer

What questions should I ask when hiring a criminal defense attorney?

Oct 11, 2016 · 10 Questions to Ask Your Criminal Defense Lawyer at Your First Consultation 1. If I Hire You, How Much Will it Cost Me? This is a very important question to ask as you certainly do not want to be... 2. What Can I Do to Help My Case? Although your criminal defense attorney will take charge of your ...

Do I need a lawyer for my criminal case?

May 21, 2018 · Δ. 5 Questions to Ask Your Criminal Defense Attorney The Nieves Law Firm, APC. Often, when faced with criminal charges, a person can find him/herself confused, nervous and completely at a loss on how to handle their upcoming battle with the justice system. It is important that when picking an attorney, you ask the right questions.

How to choose the right lawyer for your case?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-25_10-02-22. If you've been charged with a crime, you're entering the world of the criminal justice system. In this world, an experienced attorney is critical to help manage your case and obtain the best possible outcome. Many defendants will be able to get a public defender to ...

What should I look for when hiring a lawyer?

Jun 22, 2020 · 11 Questions to Ask Your Criminal Defense Attorney 1. What is your background in law? You should always ask an attorney about their background in law. You should know why... 2. What is your success rate? Your criminal attorney needs to be able to tell you what proportion of their cases is... 3. Can ...

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What questions should you ask your lawyer?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•Jan 29, 2017

What are good questions to ask a criminal?

Five Questions You Should Always Ask During a Consultation with a Criminal Defense AttorneyHow Do you Bill Clients? ... Who Will be Handling my Case? ... What is your Experience with Cases like Mine? ... How Often Do you Go to Court? ... And How Often Can I Expect to Hear from You?Jun 9, 2020

Can you tell your lawyer you are guilty?

The rules do not prohibit lawyers from representing clients who admit their guilt to their lawyer; however, lawyers are strictly prohibited from lying or knowingly mislead the court on their client's behalf.Jan 25, 2020

Can a lawyer lie about evidence?

Share: Everyone knows that lawyers are not allowed to lie — to clients, courts or third parties. But once you get beyond deliberate false statements, the scope of the obligations to truth and integrity become less clear.

When should I see a criminal lawyer?

Whether you are accused for a crime against a person (like assault or murder), a crime against property (like shoplifting or theft), or any other criminal offense, a criminal lawyer can help.

What does a criminal attorney do?

Criminal Lawyers are responsible for either prosecuting or defending someone accused of a criminal offence. They are required to act in a neutral, impartial manner to ensure that the legal rights of those prosecuted are upheld and that they receive fair treatment against the conduct of the law.Feb 20, 2020

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.Jan 15, 2010

Do criminal defense lawyers know the truth?

A vigorous defense is necessary to protect the innocent and to ensure that judges and citizens—and not the police—have the ultimate power to decide who is guilty of a crime. In truth, the defense lawyer almost never really knows whether the defendant is guilty of a charged crime.

Do lawyers tell the truth all the time?

Lawyers must be honest, but they do not have to be truthful. A criminal defence lawyer, for example, in zealously defending a client, has no obligation to actively present the truth. Counsel may not deliberately mislead the court, but has no obligation to tell the defendant's whole story.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What is the most common charge against prosecutors?

According to the text, the most common charge leveled against prosecutors is: failure to disclose evidence.

What are the four responsibilities of lawyers?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•Sep 8, 2021

What to tell your lawyer about your arrest?

Be prepared to tell your lawyer about any police interaction that you had prior to your arrest, during your arrest, and while you were detained. Providing your lawyer with a detailed account of your experience is very important because if the police violated your civil rights your lawyer may be able to get your charges dismissed, even if you are guilty. Therefore, it is a good idea to ask your lawyer during the initial consultation if they think that your civil rights were violated in any way.

What should an experienced criminal defense attorney do?

However, an experienced criminal defense attorney should be able to analyze your case, talk about the possible legal outcomes, and predict what is likely to happen in your case. Keep in mind that there is a big difference between an attorney who guarantees an outcome and one who predicts what is likely to happen.

Where is Lauren Taylor?

South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.

Why is it important to retain a lawyer?

Apart from hiring a lawyer who is experienced, professional, and knowledgeable, it is also very important to retain a lawyer who you trust and have confidence in. By simply asking the attorney sitting across from you why you should hire them you are giving them a chance to sell themselves to you and hopefully their response will inspire confidence. It is very important that you have confidence in your attorney’s abilities and trust them because this will enable the two of you to work together to build the best legal defense possible.

Do lawyers have to disclose conflicts of interest?

For example, the lawyer that you are interviewing may have a conflict of interest if they are already representing the co-defendant in your criminal case. Even though your lawyer is required to disclose any conflict of interest to you it is still a very good idea to ask this question during your initial consultation.

Can a criminal defense attorney take charge of a case?

Although your criminal defense attorney will take charge of your case, there are often actions that criminal defendants themselves can take in order to improve the outcome of their case. Each criminal case is unique and your lawyer will be able to make personalized recommendations to you, however, it may be beneficial to ask your lawyer ...

DISCOVERY -- EVIDENCE -- INVESTIGATION

DISCOVERY -- EVIDENCE -- INVESTIGATION#N#Has your lawyer obtained and reviewed all "Discovery", including: police reports, witness#N#statements, video and audio tapes, photographs and other material provided through "discovery" by the Prosecutor? Has the attorney made copies of all of it and reviewed it with you? What is your attorney's evaluation of the evidence? What is the "worst evidence" against you? Has you attorney considered not only what evidence is there, but what evidence is not there (missing)? What physical or testimony evidence does the prosecution rely on open to challenge? Or what evidence does the DA not have that could mean dismissal of your case? Are there eyewitnesses that should be interviewed? What sort of defense investigation should be conducted to find that evidence to disprove your guilt?.

CLIENT ACTIONS - What should you do?

CLIENT ACTIONS - What should you do?#N#Sometimes there are steps you can (and should) take which will dramatically lessen your sentence.

STRATEGY

STRATEGY#N#What is your lawyer's preliminary evaluation of the case against you? What defenses are available to you? What is the best defense strategy? What are the risks and benefits of strategy? Can your attorney mount a successful defense at trial or is it in your best interests to plea bargain?

COSTS

COSTS#N#How much defense investigation needs to be done, and what will it cost? Do you need to hire Expert Witnesses to testify for you at trial? How much will they cost? Is their testimony worth it? What is the time table preparing for trial; how long will the trial last and what will it cost?

SENTENCING ALTERNATIVES

SENTENCING ALTERNATIVES#N#Are there any Sentencing Alternatives to standard Jail that you may be eligible for, such as electronic home detention, Sheriff's Work Program, Work Furlough, or community service? Are there any standard or creative Probationary Terms that are preferable to you which will satisfy the prosecution and court's concerns and allow you to receive a lesser sentence, easier to accept? Some clients want to avoid fines, others want to keep their driver's license, others want to avoid jail, and others who are not citizens, just want to remain in the U.S.

MOTIONS -- Legal Defenses (Due Process and your constitutional rights

CONCLUSION This case is not just any case; it’s your case! You deserve the best defense from an attorney who considers all of these questions.

What should I not do when facing criminal charges?

You should not post on social media, contact your accuser, attempt to speak with any witnesses, etc. In taking any of the aforementioned actions, you could find yourself in even more trouble. Your words can be used against you and could potentially implicate your guilt.

Why is it important to understand your options?

Understanding your options are extremely important because they can affect you for the rest of your life. Your attorney will need to review the details of your case and determine if it is best for your case to go to trail, or for you to take a plea.

What to do if you have been charged with a crime?

If you've been charged with a crime, you're entering the world of the criminal justice system. In this world, an experienced attorney is critical to help manage your case and obtain the best possible outcome. Many defendants will be able to get a public defender to represent them at no cost, but others may not qualify financially ...

Can a criminal defendant pay for an attorney?

Most criminal defendants are legally indigent and can’t afford to pay for an attorney. On the other hand, the state can’t legally prosecute indigents unless it provides them with an attorney. To satisfy this requirement, many states have set up public defender offices.

Can a defendant get a public defender?

Many defendants will be able to get a public defender to represent them at no cost, but others may not qualify financially or prefer to hire a private attorney. In this section we'll explain who can get free legal representation, and who must (or should) hire their own criminal defense attorney.

Can an attorney give advice?

While attorneys can give advice, clients have the ultimate right to make most of the important decisions relating to their case, with very few exceptions. More See all Working With Your Criminal Defense Lawyer Topics. See More Working With Your Criminal Defense Lawyer Articles.

What does it mean to be a criminal defense attorney?

Criminal defense attorneys have a uniquely challenging job, as their work requires putting in a great deal of effort for a person who may or may not be guilty of a crime. If your criminal defense attorney does not presume your innocence of the charges, they may be setting your case up for failure. In the case that you need to plead guilty and receive a plea bargain, your attorney still needs to treat you with fairness and respect.

Is legal representation cheap?

Quality legal representation is not cheap. Most attorneys charge flat fees for their services. They sometimes set up a range of fees that you could be charged. Luckily, you will not need to pay your criminal defense attorney by the hour.

Should I ask an attorney about their background?

You should always ask an attorney about their background in law. You should know why they became a criminal defense attorney, the reasons why they feel that they are the best attorney for your particular case, and where their experience lies.

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

What is the process of a civil case?

In civil cases, your lawyer might propose mediation , a settlement negotiation process involving a neutral third-party. Other times, arbitration might be an option. Arbitration— using a private service to adjudicate a dispute—is a less formal, less costly, and faster way of getting a decision in some civil matters.

What is contingency fee?

In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.”. This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees.

What is the best way to defend a client in a criminal case?

When it comes to defending a client in a criminal case, experience is key. There are numerous benefits to having an attorney who has practiced for many years and successfully represented a large number of clients. An experienced attorney can properly advise you on what to expect throughout all stages of the legal process. He or she will also have the ability to anticipate the strategies or actions of the prosecution and can use that to help build you a strong defense strategy.

Why is it important to find an attorney?

It is not only important to find an attorney who has handled a good number of cases, but one who is knowledgeable about the charges you face as well. A lawyer who has had experience handling clients facing similar charges can save you a lot of time and money and most likely find you a better outcome overall.

How to settle a case out of court?

In many ways, the best outcome you can have for your case is one that comes quickly. By negotiating to settle out of court through a plea bargain, your attorney may be able to help you avoid having to appear in court and appear before a judge and jury.

Can an attorney control the outcome of a case?

Just as with the outcome of a case, no attorney can control every aspect of the legal process or guarantee exactly how the case will play out. However, your attorney should be able to devise a clear defensive strategy and a plan for how to proceed with your case.

Is a criminal trial stressful?

A criminal trial is not only stressful, time consuming, and potentially costly, but also puts your fate in the hands of a judge and jury. Ask your attorney if you have the option of working out a fair plea bargain or if there are any other ways to avoid taking your case to court. 12.

Can a lawyer guarantee a specific outcome?

No lawyer should guarantee a specific result for your case and you should be wary of any attorney who makes promises about what the exact outcome will be. However, an experienced and knowledgeable attorney should be able to evaluate the preliminary information they are given about your case and make an assessment as to how it may likely play out. It is also important to find what your attorney thinks are the strengths and weaknesses of your case which will shape the defense strategy that he or she will devise.

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