how to find a lawyer when charged with a crime

How to Look for a Lawyer if You Have Been Arrested

1. Narrow your search by Geography. Where you have court might be the number one thing to consider when you are beginning your search for a lawyer.
2. Narrow your search by practice area. Different lawyers do different things. ...
3. Get all your paperwork in front of you before you pick up the phone. ...

More items...

Full Answer

How do I find a good criminal lawyer?

A criminal defense attorney may be hired by either a single defendant or a group of defendants who have been charged with a crime. These kinds of lawyers help guide their clients through every step of a criminal case as well as through the justice system. In addition, criminal defense attorneys assist in getting their clients’ sentences reduced and can put forth requests for …

How do I get a lawyer if I have been arrested?

Answer. You need to do your research in order to find the right criminal defense lawyer for you. After being charged with a crime, you do not want to risk your future by choosing just any Wisconsin attorney. Years of experience and legal knowledge: Law school is great. But what is better is actually practicing law and having years of experience in your background.

How do I find a lawyer outside of jail?

Do I need a lawyer for a criminal case?

What do witnesses do when they are accused of a crime?

Gather information from prosecution witnesses. Witnesses often fear people accused of crimes and therefore refuse to speak to people representing themselves. Witnesses are more likely to talk to defense attorneys or their investigators.

What is the power of a prosecutor to decide whether to file a charge?

For example, prosecutorial discretion —the power of prosecutors to decide whether to file criminal charges, and what charges to file— determines much of what actually happens in the criminal courts. The particular prosecutor who has the power to make decisions, and when those decisions are made, can greatly affect the outcome of a case. An act that looks on paper to constitute one specific crime can be recast as a variety of other crimes, some more and others less serious. What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.

How to help a defendant with fear?

Help defendants cope with the feelings of fear, embarrassment, reduced self-esteem, and anxiety that criminal charges tend to produce in many people. Provide defendants with a reality check—a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial.

How is self representation made difficult?

Self-representation is made difficult in part by the typical gulf between paper and practice in criminal cases. In books you can find laws that define crimes, fix punishments for their violation, and mandate courtroom procedures. Take the time and trouble to read these books, defendants might think, and they'll understand the system. Alas, the practice of criminal law can't be understood by reading books alone, even this one. To experienced criminal defense attorneys, the criminal law appears much the same as a droplet of water appears to a biologist under a microscope—a teeming world with life forms and molecules interacting unpredictably.

What do criminal defense lawyers do?

Criminal defense lawyers do much more than simply question witnesses in court. For example, defense lawyers: Negotiate "deals" with prosecutors, often arranging for reduced charges and lesser sentences. By contrast, prosecutors may be uncooperative with self-represented defendants.

What is the power of the prosecutor?

The Power of the Prosecutor. For example, prosecutorial discretion —the power of prosecutors to decide whether to file criminal charges, and what charges to file — determines much of what actually happens in the criminal courts.

What is a statute book that looks on paper to constitute one specific crime?

What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.

What is the first qualification for a lawyer?

The lawyer will be helping you solve your problems, so the first qualification is that you must feel comfortable enough to tell him or her, honestly and completely, all the facts necessary to resolve your problem. No one you listen to and nothing you read will be able to guarantee that a particular lawyer will be the best for you; you must judge that for yourself.

How long can you be in jail for a crime?

Constitution guarantees you the right to be represented by a lawyer in any case in which you could be incarcerated for six months or more. State constitutions may guarantee your right to a lawyer for lesser crimes.

Do legal aid offices have their own lawyers?

Some legal aid offices have their own staff lawyers, and others operate with volunteer lawyers. Note that people do not have a right to a free lawyer in civil legal matters. I have been accused of a crime, and I cannot afford a lawyer.

Can you be incarcerated for six months?

If you are accused of a crime, the U.S. Constitution guarantees you the right to be represented by a lawyer in any case in which you could be incarcerated for six months or more. State constitutions may guarantee your right to a lawyer for lesser crimes. If you cannot afford a lawyer, either the judge hearing the case will appoint a private lawyer to represent you free of charge or the government’s public defender will handle your case, also at no charge.

Do lawyers use ads?

In some ways, yes, ads are useful. However, always be careful about believing everything you read and hear — and nowhere is this truer than with advertisements. Newspaper, telephone directory, radio, television, and Internet ads, along with direct mail, can make you familiar with the names of lawyers who may be appropriate for your legal needs. Some ads also will help you determine a lawyer’s area of expertise. Other ads will quote a fee or price range for handling a specific type of “simple” case. Keep in mind that your case may not have a simple solution. If a lawyer quotes a fee, be certain you know exactly what services and expenses the charge does and does not include.

How to find a lawyer?

Try to find a lawyer via recommendations from friends or family or other people who may have used the lawyer in the past.

What to do if someone has had a good experience with a lawyer?

If someone has had a good experience with a lawyer themselves, they will be only too happy to put you in touch with them. You need to contact the state bar and check if the lawyer is in good standing, or if they have any complaints lodged against them.

What happens if you don't hire a lawyer?

If you do not hire a lawyer immediately, or you can’t afford one, you will be assigned a public defender at the time of your arraignment. If the charge is a misdemeanor, some courts will allow you to enter a plea at this time, and your lawyer will be able to advise you on this. If you have a bail hearing, you lawyer will file a motion for OR (own recognizance) release. This means that they are requesting that the court allows you to be released without bail, on condition that you agree to appear in court when necessary. Your lawyer will fight on your behalf to persuade the judge that you will make good on this.

How much does a lawyer charge per hour?

Depending on where you live, the severity of the crime or complexity of the case, and experience of the lawyer, fees can range from $50 per hour to $400 per hour. Don’t forget other expenses such as filing fees and court costs.

What happens if you get released without bail?

If you have a bail hearing, you lawyer will file a motion for OR (own recognizance) release. This means that they are requesting that the court allows you to be released without bail, on condition that you agree to appear in court when necessary.

What to do when you are out of jail?

Once you are out of jail awaiting trial, you have certain choices: you can stick with the lawyer you originally called or the public defender that was assigned to you, or you can pick a new lawyer. For a specific crime, it is a good idea to hire a lawyer that specializes in that area.

What happens if you don't follow the rules and regulations of the court?

If you don’t follow the rules and regulations of the court, you will be subject to litigation sanctions. Often, you will get so tied up in procedural rules, that you won’t be able to concentrate on your actual case. Only an experienced lawyer will have the depth of knowledge required to put on a great defense.

What to do if you have a felony conviction?

With your permission, attempt to negotiate a plea bargain with prosecutors, which would allow you to plead guilty to lesser charges in exchange for a lesser punishment. Because of the serious consequences of a felony conviction, you should speak to a felony criminal defense attorney as soon as you learn you're the subject ...

Why hire a criminal defense lawyer?

Reasons to Hire a Felony Criminal Defense Lawyer. If you've been investigated, questioned, arrested or charged with a felony crime, you should hire a felony attorney as soon as possible. Your attorney can: With your permission, attempt to negotiate a plea bargain with prosecutors, which would allow you to plead guilty to lesser charges in exchange ...

What are some examples of misdemeanors?

Examples of misdemeanors would include theft, disorderly conduct, prostitution, trespassing and vandalism.

What are some examples of felonies?

Examples of felonies would include murder, kidnapping, armed robbery, arson, rape and terrorism. In some instances, a crime may be classified as both a misdemeanor and a felony depending on its severity. For example, DUI/DWI and assault can result in either misdemeanor or felony charges.

What happens if you are charged with a felony?

If you have been charged with a felony crime or are the subject of a criminal investigation, you should hire a criminal defense lawyer immediately. Felonies are the most serious of crimes, and if found guilty you face at least a year in prison.

What is the term for a crime that is broken down into subcategories?

Within each broad category, states may break down crimes into subcategories, sometimes known as degrees or classes , based on the relative severity of the crime.

Do you have to pay restitution for a misdemeanor?

You may also have to pay fines or other restitution. Not surprisingly, misdemeanor convictions carry less serious sentences. If found guilty of a misdemeanor, you would face less than a year of imprisonment, and might have a sentence that does not include any jail time.

How to find a criminal defense attorney?

Depending on what you have been charged with, you may be able to find an attorney who works solely on your type of case. This specialization can be an incredible advantage for you as these attorneys will have a wealth of experience dealing with the particulars of your type of case. To find a specialist you can look through attorney websites and other resources. Additionally, some states offer specialization designations for attorneys who show competence in a particular area of the law.

What to do if you are arrested for a crime?

Figure out if you need a criminal defense lawyer. If you have been arrested for allegedly committing a crime, you need to contact an attorney as soon as possible. Whether you were arrested for a minor criminal violation (e.g., state law possession of marijuana) or a serious felony (e.g., federal terrorism charges), a lawyer will help you negotiate with prosecutors, represent you in court, and ensure you receive a fair trial. Even if you do not end up hiring an attorney to represent you, they can still help you understand the charges against you.

What to do if you can't reach someone in jail?

If you can’t reach anyone on the first call, ask the guard if you can make another call. Generally, they will let you make as many calls as you need to arrange an attorney so long as you have been behaving yourself after getting arrested. Each jail has a different policy.

How to talk to a lawyer in jail?

Ask to make a phone call. Once you are booked, you should tell a jail guard that you want to talk to your attorney. You need to be explicit. Say, “I want to talk to a lawyer. Can I make a phone call?”

What to do when you trust someone on the phone?

If you trust the person you call, have them contact an attorney for you. Say nothing else to your friends or family. For example, don’t start talking about the crime. Often, the police record the conversations people have using the phone.

What to do after being arrested?

A qualified criminal defense attorney will help you arrange bail, advise you about your case, and start building your defense. Generally, if you face the possibility of time in jail for your conviction, then you have the right to an attorney.

How to determine if you are being charged with a state or federal crime?

To determine whether you are being charged with a state or federal crime, ask for clarification. Additionally, if you have paperwork with information about your charges on it, look at that. If the legal citation is to the United States Code (e.g., U.S.C.), you are being charged with a federal crime.

What happens when you are charged with a crime?

What Happens When You're Charged with a Crime: An Overview. First, there's an arrest and the police report that follows. The prosecutor then reads the police report and decides whether or not the person who's been arrested should be charged with a crime. Alternatively, the prosecutor can go to a grand jury and ask them to decide what criminal ...

Why do prosecutor like grand jury?

Prosecutors like grand juries because they function as a "test" trial, enabling them to see how the evidence is likely to be received by jurors. If the grand jury indicts a defendant based on the evidence presented, it returns a "true bill". If the grand jury decides not to indict, it returns a "no bill.".

How long does it take for a judge to decide if there is enough evidence?

Finally, a judge holds a preliminary hearing where they decide whether or not there's enough evidence to proceed. Prosecutors generally file criminal charges within 3 days, although in some jurisdictions in as few as 2 days. Because prosecutors must file so quickly, the crime you're charged with initially may change significantly over time.

What are the political aspirations of a prosecutor?

Political Aspirations: prosecutors often run for office or seek political appointments. As a result, they are keenly aware of the image prosecuting a particular offense sends the community. Even if the evidence is questionable, if there's considerable community outrage, a prosecutor may decide to pursue a case.

Why do people prosecute high profile cases?

They may choose to prosecute a high-profile case when there is community outrage or when it "sends a message," even if the evidence is questionable.

What is the role of a grand jury?

Grand juries are similar to regular juries (also known as "petit juries") except that a grand jury's job is simply to decide whether or not charges should be brought in the first place rather than deciding the guilt or innocence of a person at trial.

How many members are on a grand jury?

Grand juries generally have more jury members than a regular jury, with some grand juries having as many as 23 members, while regular juries generally have between 6 and 12 members .

What happens if you are charged with a crime?

If you are actually being charged with a crime, one of the following will occur: 1. A police officer or detective will show up, put handcuffs on you and arrest you. He/she may give you a chance to make a statement first…as discussed in many of my blogs, you probably do not want to take that opportunity; 2.

What can a criminal defense attorney do?

An experienced criminal defense attorney can help you at the hearing itself as well as prepare for the hearing. If there is nothing to do, any decent attorney will tell you that. However, I find that there is usually much that can be done during the investigatory stage of a criminal investigation.

What does it mean to be summoned to a court hearing?

This means that there will be a hearing to determine whether a criminal complaint should issue against you. The hearing is before a Clerk Magistrate. If the Clerk finds that there is “Probable Cause” to issue the complaint, you will end up at an Arraignment (See #2, above). If not, the matter is disposed of and does not go on your record. You’ve dodged the criminal justice bullet.

What happens if the clerk finds probable cause?

The hearing is before a Clerk Magistrate. If the Clerk finds that there is “Probable Cause” to issue the complaint, you will end up at an Arraignment (See #2, above). If not, the matter is disposed of and does not go on your record. You’ve dodged the criminal justice bullet.

What happens if you are arraigned?

If there is, the court will make sure you are represented for that hearing. Upon being arraigned, the criminal charges will be on your record. You need to show up or the court will issue a warrant for your arrest.; or. 3. You receive a summons which tells you that you are to appear for a Clerk Magistrate’s Hearing.

Do police have to notify suspects?

Many people assume that law enforcement has some kind of duty to notify a suspect before they seek criminal charges against them. This is not true. In fact, to the contrary, the police often try to catch a suspect by surprise when arresting him or her so that the suspect does not flee.

Can an attorney advise you on an arrest?

The officer often will dissuade you…although probably fall short of saying “no”. The fact is, however, an attorney can not only advise you, but might make a difference in how the investigation ends…including making the difference between your going to an Arraignment or a Clerk Magistrate’s Hearing.