what questions should i be asking my criminal defence lawyer

by Dorothy Weissnat 10 min read

One of the top questions you need to ask your criminal defense attorney is if he or she has worked with clients who faced similar charges. This gives you a good idea whether or not this particular attorney has plenty of experience in this area. When taking on criminal charges, you want someone who has dealt with these situations before.

8 Questions to Ask When Hiring a Criminal Defense Lawyer
  • 1) How Long Have You Practiced Law? ...
  • 2) What is Your Area of Speciality? ...
  • 3) How Much Do You Charge? ...
  • 4) How Many Times Have You Handled a Case Like Mine? ...
  • 5) Based on My Charges, What Are the Possible Outcomes of My Case? ...
  • 6) How Long Will My Case Take?
Sep 5, 2020

Full Answer

Who is the best criminal defense lawyer?

Oct 15, 2021 · Experience and exposure are two important things to look for when choosing a criminal defense lawyer to handle your legal needs. The more years the attorney has practiced, the more you will expect them to be familiar with the court processes and how to manage your criminal case. Choosing an attorney that has practiced in the criminal law space ...

What are the duties of a criminal lawyer?

Mar 18, 2021 · 7 Important Questions to Ask A Criminal Defense Lawyer – 2022 Guide. It is said that the number of people who need a criminal defense lawyer increases every day. The reason for this is the laws getting stricter, and many people are getting wrongfully charged. According to statistics, more than 90 percent of the cases either get dismissed ...

What is the average cost of a criminal defense attorney?

Its important for you to know the logistics, so that there will be no misunderstandings. Some relevant questions to ask include: Do you have time to represent me? Are there other criminal defense attorneys in your office who will work on my case? May I meet them? When I have questions, whom should I call? How do you prefer to be contacted?

Who are the top rated criminal law lawyers?

May 25, 2017 · One of the top questions you need to ask your criminal defense attorney is if he or she has worked with clients who faced similar charges. This gives you a good idea whether or not this particular attorney has plenty of experience in this area. When taking on criminal charges, you want someone who has dealt with these situations before.

What are some good questions to ask a lawyer?

Questions to Ask Your Lawyer During a Consultation
  • 1) 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?
Jan 29, 2017

What is the most common argument of a defense attorney?

Common Defense Strategies in Criminal Court
  • No intent to commit the crime (accident)
  • Mistake of fact.
  • The crime was committed out of duress or necessity.
  • Police misconduct or a violation of your rights.
  • Intoxication (may still result in other charges)
  • Self-defense.
  • Insanity (may still result in institutionalization)

Do criminal defense lawyers know the truth?

Truthfully, a defense lawyer almost never really knows whether the defendant is guilty or not of the charged crime. Even if he says he is guilty, he actually may not be and may be lying to take the fall for someone he wants to protect.

What are 3 questions you should ask a lawyer before hiring?

Below are ten questions to ask your potential lawyer.
  • How long have you practiced law? ...
  • What type of cases do you generally handle? ...
  • Who is your typical client? ...
  • How many cases have you represented that were similar to mine?
Apr 13, 2018

What are the 3 types of defense attorneys?

These fall into three broad categories: assigned counsel, contract systems, and public defenders.

What are three arguments for a valid Defence to a crime?

The accused can respond and present a defence to the charges. Accused persons can put forth three possible arguments: They can deny that they committed the act, disputing the • actus reus. They can argue that they lacked the necessary criminal intent or guilty • mind, disputing the mens rea.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your Lawyer
  • I forgot I had an appointment. ...
  • I didn't bring the documents related to my case. ...
  • I have already done some of the work for you. ...
  • My case will be easy money for you. ...
  • I have already spoken with 5 other lawyers. ...
  • Other lawyers don't have my best interests at heart.
Mar 17, 2021

Can defense lawyers lie in court?

It's obviously unethical and illegal for a lawyer to deceive a court knowingly. If my client tells me he's guilty, I can't say he's innocent in court. I cannot call him to give evidence that I know is false or I would be a party to his perjury.Jan 7, 2006

Can your lawyer snitch on you?

The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.
  1. Do your research. Lawyers are known for being good researchers. ...
  2. Be presentable and dress your best. ...
  3. Come prepared to ask questions. ...
  4. Be personable and show enthusiasm. ...
  5. Be genuine. ...
  6. Promptly send a thank-you note.
Oct 28, 2020

How do you question a defendant?

You must ask questions beginning with words such as Who, What, Where, When, Why, How, Describe, Tell, Explain, etc. You should ask questions that allow the witness to provide her own answer. For example, “Witness, what did you see at the intersection of A and B streets?”

How do I talk to my lawyer for the first time?

How to Talk to a Lawyer
  1. Be patient. When you talk to your lawyer, she hears your story for the first time. ...
  2. Be prepared. You will need to describe what has happened and what you are hoping your lawyer can do for you. ...
  3. Be honest. ...
  4. Be specific. ...
  5. Be concise. ...
  6. Ask questions.

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.

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.

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 ...

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.

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.

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.

Do they offer a free consultation?

Before choosing the right person to handle your case, you should check out all the options you have. Know that most of the firms will let you have an initial consultation for free, where you can ask all these questions.

What should you do for your specific case?

The right legal advisor will let you know what you should do and steer away from so you don’t lower your chances for success.

What are the options you have?

You should talk to your attorney about the options you have, and the things that might happen to you. Your lawyer should be honest with you, and even though they don’t know the outcome, they will be able to give you an estimate.

Do they have any experience with similar cases?

According to Aswani Datt, you should look for an experienced attorney that has the needed knowledge when it comes to cases similar to yours. This is a life-changing experience, so you need to have the right person by your side.

How many of their cases end up in front of a judge?

As we mentioned earlier, less than 10 percent of all the cases will end up in front of a judge, but there is no guarantee that yours won’t be one of them.

What is their rate?

You should also ask about their rate and their fee, because sometimes you may want to go with an attorney, but you may not be able to afford them. Ask this question right from the start, so you know if you should continue asking questions, or if you should just walk away before you feel bad for not being able to hire them.

Are they going to be handling your case, or someone else in their firm?

This question is a must, especially if you are talking to a big law firm. Sometimes you may have the initial consultation with one person, and someone else may get assigned to your case. So, when talking to a representative from a law firm, always ask who is going to be handling your case.

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

If youve been charged with a crime, you need the services of a lawyer. To find the right one, consider interviewing a couple of criminal defense lawyers. If you do not know which questions to ask, this article can help.

Why do lawyers use case management?

Lawyers use the term case management to describe how a case is handled behind the scenes. Its important for you to know the logistics, so that there will be no misunderstandings. Some relevant questions to ask include:

How do lawyers charge for their time?

Most lawyers charge for their time using one of two billing methods: Either with an hourly fee or a flat fee. It may be worth it to shop around, comparing hourly rates and flat fees.

What to do if your property is searched?

Any paperwork you may have received if your property was searched. Bring these with you to your first meeting with a criminal defense lawyer. Also, compile a list of any witnesses, victims, or other defendants connected to your accused crime.

1. Are you the attorney who will handle my case?

If you find yourself having a consultation with a larger law firm, you'll need to be clear on which attorney will be handling your case. In many situations, you might meet with a senior member of the law firm for your initial consultation, but your case could then be passed on to a junior attorney who will wind up handling it.

2. Have you worked with clients who faced similar charges?

One of the top questions you need to ask your criminal defense attorney is if he or she has worked with clients who faced similar charges. This gives you a good idea whether or not this particular attorney has plenty of experience in this area. When taking on criminal charges, you want someone who has dealt with these situations before.

3. What is your preliminary evaluation of my case?

Next, use the initial consultation to your advantage by asking the attorney for a preliminary evaluation of your case. This is your opportunity to find out what an attorney thinks of your case right off the bat. You can determine which defenses are available to you and which one might be best suited for you.

4. What should I do to improve the outcome of my case?

In many situations, there are things you can do that will give you a better chance at receiving a positive outcome in your case. Ask your attorney if there are any records you can provide to him/her or to the court that would be beneficial to you. Find out if there are any classes you can enroll in.

5. What is your fee structure?

Hiring a criminal defense attorney will not come cheap, but it's crucial if you want to limit the impact criminal charges could wind up having on your personal life. Don't be afraid to ask a potential attorney just how much everything is going to cost.

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.

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.

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 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 plea bargain better than a trial?

In a plea bargain, you can agree not to contest the charge against you in exchange for a lighter sentence. The lawyer can advise you on whether or not going to trial is the best option for you.

Is working with a team bad?

Working with a team isn’t necessarily bad, but you’ll want to know ahead of time. Often, a client will retain a super expensive criminal defense lawyer, and when their court date arrives, the big shot is nowhere in sight, but rather a junior associate handling the case.

Is money a sensitive subject?

Money and legal fees are a sensitive subject for many people. You want the best lawyer who will get the best resolution for your criminal case, but you also may not want to commit to a lawyer whose fees create a financial burden for you and your family. It’s a tricky subject to discuss, especially when you are also stressed about ...