10 Questions to Ask Your Criminal Defense Lawyer
You deserve the best defense from an attorney who considers all of these questions. The answers to these questions should provide you with the knowledge you need to confidently proceed with your case, knowing that you are receiving effective representation and defense, whether by negotiated plea, or trial.
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. If your attorney fully understands your needs and goals, s/he can craft an alternative sentence that protects your most important concerns and hurts you the least.
The vast majorities of criminal cases do not go to trial, but are settled through negotiation. Determining a fair plea bargain is both an art and a science. This is where your Attorney's knowledge and experience are essential.
Determining a fair plea bargain is both an art and a science. This is where your Attorney's knowledge and experience are essential. The first factor includes a careful evaluation of the strength of your case and evaluation of the odds of winning or losing at trial.
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...•
In Order to Move Forward With Any Lawyer, First Ask These Ten QuestionsHow Long Have You Practiced Law? ... What Types of Cases Do You Manage? ... Who's Your Typical Client? ... How Many Similar Cases Have You Taken On? ... What Kind of Special Training or Knowledge You Have Outside Your Law Degree? ... What Are Your Fees and Costs?More items...
(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.
The police can manipulate anything you say as a way to “prove” your guilt and cinch up the case. Your lawyer, however, can inform the court of the actual facts and can prevent your words from being twisted to meet the police's agenda.
12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•
Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•
What is reassuring for defendants is that whilst a signed statement from a complainant is enough for a charge, it is not necessarily enough to secure a conviction. The complainant must be able to convince the jury or magistrates that the defendant is guilty beyond reasonable doubt.
– Discusses the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and fact bargaining.
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt.
Know Your Rights: What Are Miranda Rights?Who Is Ernesto Miranda? ... You Have the Right to Remain Silent. ... Anything You Say can Be Used Against You in a Court of Law. ... You Have the Right to Have an Attorney Present. ... If You Cannot Afford an Attorney, One Will Be Appointed to You. ... Arrest Without the Reading of Miranda Rights.More items...•
The Magistrate before whom the complaint has been filed can directly proceed with examination of both the complainant as well as the accused. If prima facie crime has been made out, the Magistrate begins inquiry, frames charges and from thereon a similar procedure is followed as is applicable for trail of Police Cases.
Being questioned without legal advice Once you've asked for legal advice, the police can't question you until you've got it - with some exceptions. The police can make you wait for legal advice in serious cases, but only if a senior officer agrees.
Find out if there are any classes you can enroll in. It often looks favorable to take counseling or drug rehabilitation classes if relevant to your criminal charges. These actions could wind up decreasing your sentence, so it's always worth a shot to consider them.
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. Figure out what your attorney fees will be, if there are any extra costs (such as court fees), and determine if payment plans are available. Many attorneys will offer a payment plan to make retaining their services easier for you. Knowing this ahead of time is better than receiving a surprise bill later on.
If you have to file a criminal appeal, you already know that you need to hire a criminal appeals lawyer. But how do you find the right one? With so many lawyers making many promises to you, it’s important to know which questions to ask a criminal defense appellate lawyer.
Many lawyers offer a free consultation, during which you will have the opportunity to present the details of your case. After speaking with you and reviewing the details, they should be able to give you an idea of how they would handle the case and their fees.
When compiling your questions to ask a criminal defense appellate lawyer, you should be aware that the lawyer you hire won’t be the only one working on your case, and you want to know who else it might be. Will it be you or will it be turned over to a case manager, junior lawyer, or another assistant?
A criminal appeal is stressful enough by itself; you don’t need to feel insecure about the decision to hire your lawyer and wonder all along if you made a good or bad choice. Do some serious soul-searching before signing anything binding.
By starting with the above questions to ask a criminal defense appellate lawyer, you can be sure that you hire the best lawyer to handle your case.
When you need a criminal defense lawyer, time is of the utmost importance. Depending on your exact case, your lawyer is going to need time to get information together and prepare for court proceedings. While you likely need legal help right away, you do want to make sure you do your due diligence before hiring a criminal defense attorney.
New Orleans is known as a city of fun, but some tourists take it too far. The Law Office of Lance J. Robinson knows what to do if you’re jailed in Louisiana.
An arrest while visiting New Orleans can be frightening. Get in touch with a criminal defense lawyer to ensure your rights are protected.
If you’re facing a pending misdemeanor charge in New Orleans while living out-of-state, contact the Law Office of Lance J. Robinson for legal representation.
There are several things you should consider when choosing a New Orleans Criminal attorney, including experience, area of law, and availability.
It’s possible to get certain crimes expunged in New Orleans. It’s a complicated process, and you’ll need proper legal assistance.
When arrested, you should contact a criminal defense attorney as soon as possible to protect your rights and guide you through posting bail.
The attorney you speak to in your consultation may be the person who is personally handling your case. However, some attorneys have a team who helps them with cases. For instance, a lawyer may enlist the assistance of paralegals to work on your case.
Unsurprisingly, there are various areas of criminal law, including domestic violence, sex crimes, theft, drug, and violent crimes, among many other areas. Before hiring a lawyer, make sure that they have the experience and expertise needed to defend the specific charge that you are facing. 3.
If the criminal defense lawyer regularly settles cases via plea bargain rather than trial, the lawyer may not have the appropriate experience to represent you in a trial.
While it’s not possible to fully assess your entire case in an initial consultation, a good lawyer should at least give you some insight into how they would handle your case so that you can make an informed decision about whether they are the right lawyer.
While you certainly do not want to simply hire the cheapest lawyer you can find, it is understandable that the vast majority of people do have to factor in price. It is best to be realistic about what you are able to afford so you don’t run into financial trouble down the road.
The majority of criminal defense attorneys charge flat fees rather than hourly rates. While this initially may sound more expensive to you, be aware that hourly fees can be deceiving. Under many hourly agreements, you are paying from every minute the layer spends thinking about your case, reading police reports, emailing, ...
DISCOVERY -- EVIDENCE -- INVESTIGATION Has your lawyer obtained and reviewed all "Discovery", including: police reports, witness 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? Sometimes there are steps you can (and should) take which will dramatically lessen your sentence.
STRATEGY 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 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 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.
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.