what type of questions should you ask your lawyer on a plea agreement

Some questions to ask include: Where did you attend law school? When did you graduate? How long have you been practicing criminal law? How often do you appear in the courthouse where my case will be handled? Do you frequently negotiate plea agreements with the prosecutors office?

Full Answer

What questions should I Ask my Lawyer?

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. These questions are the bare essentials. Depending on the facts and circumstances of your case, you will inevitably think of many others. Ask them.

When to ask if a lawyer has a conflict of interest?

Still, you should ask the question. 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.

What should I look for when hiring a criminal defense lawyer?

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 do lawyers negotiate settlements before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

How do I negotiate a better plea deal?

Consider a plea deal offered by the prosecution.Be realistic. If your case is weak, don't expect a dismissal or a great plea deal. ... Be flexible. If the prosecutor offers a plea deal that isn't as good as you had hoped for. ... Don't give in too quickly. Plea bargaining is a negotiation. ... Propose alternatives.

What does a plea bargain usually involve?

Plea bargaining usually involves the defendant's pleading guilty to a lesser charge, or to only one of several charges. It also may involve a guilty plea as charged, with the prosecution recommending leniency in sentencing. The judge, however, is not bound to follow the prosecution s recommendation.

Do you know what a plea bargain is?

Plea bargains are agreements between defendants and prosecutors in which defendants agree to plead guilty to some or all of the charges against them in exchange for concessions from the prosecutors.

What questions should I ask my 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...•

What are the 3 types of plea bargains?

– Discusses the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and fact bargaining.

What is the downside of plea bargains?

Innocent defendants pleading guilty: The biggest drawback to plea bargaining is that innocent defendants decide to plead guilty to lesser charges to avoid the risk that they will be found guilty at trial. Despite being innocent, these people now have criminal convictions on their records.

Why do prosecutors engage in plea bargaining?

Prosecutors benefit from plea bargains because the deals allow them to improve their conviction rates. Some prosecutors also use plea bargains as a way to encourage defendants to testify against codefendants or other accused criminals.

Is plea bargaining fair to the victim?

Dealing to Protect the Victim In fact, the plea bargain shields victims so that they do not have to relive the ordeal or be questioned by hard-hitting defense teams, which can often provoke more suffering.

What is the primary benefit of a plea for a defendant?

A lesser charge, lighter sentence, and getting everything over with quickly are some of the benefits of negotiating a plea. For most defendants, the principal benefit to plea bargaining is receiving a lighter sentence for a less severe charge than might result from a conviction at trial.

What is the hardest question to ask a lawyer?

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...•

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•

What do you say when talking to a lawyer?

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 does a plea bargain usually involve quizlet?

A negotiated agreement between a prosecutor and a criminal defendant whereby the defendant pleads guilty to a lesser offense or to one of multiple charges in exchange for some concession by the prosecutor, usually a more lenient sentence or a dismissal of other charges.

What are the pros and cons of plea bargaining?

However, they must also be aware of the disadvantages.Advantages. Here are a few of the advantages for criminal defendants who accept a plea bargain:Lighter Sentence. ... Reduced Charge. ... The Case Is Over. ... Disadvantages. ... Avoiding Problems with Prosecution's Case. ... No “Not Guilty” Result. ... Possibility of Coercion.More items...

What are the most common types of plea agreements?

The three most common types of plea agreements are charge bargaining, count bargaining, and sentence bargaining.

Is plea bargaining fair to the victim?

Plea bargains allow victims to avoid testifying in court, which may be frightening or upsetting, especially for victims of violent crimes. Some victims also appreciate the certainty provided by plea bargains; they need not worry about the emotional trauma of dealing with the acquittal of someone they feel is guilty.

What is plea agreement?

A plea agreement is a proctored agreement between the prosecutor and the criminal defendant. In exchange for agreeing to plead guilty to an offense, the prosecutor usually agrees to some concession, such as dropping some charges, reducing charges or recommending a lighter sentence.

Why is it so hard to plead guilty?

Because a guilty plea usually requires a defendant to provide a basic account of what occurred and a defendant to declare that he or she voluntarily and knowingly made the plea, it can be difficult for a criminal defendant to convince the court of being able to change his or plea when this information is already in the record.

What happens if a jury finds in favor of the defendant?

If the prosecution starts to believe that the jury may find in favor of the defendant during the trial, a plea agreement may be offered during the trial. If there was a long-term investigation, a plea agreement may even be made before the defendant is actually arrested.

How long does it take to get a plea agreement?

This is typically the second time that a criminal defendant has appeared before the judge and are usually scheduled within 30 days from the first appearance.

How do criminal defense lawyers resolve cases?

Rather than trying every criminal case, the prosecutor and criminal defense lawyer may resolve a case by agreeing to a plea agreement. Many criminal cases are disposed of through this type of agreement.

When do you make a plea bargain?

However, the most common time for a plea bargain to be made is after the arraignment but before the pre-trial hearing. However, a plea bargain may be made after a key event in the process, such as a motion being ruled in favor of the prosecution or the defendant. If a key witness becomes unavailable or recounts his or her story, ...

What are the benefits of being a criminal defense lawyer?

There are benefits to the state, including the ability to save time and money.

1. How long have you practiced law?

At a minimum, you'll want to know about the lawyer's expertise and whether the lawyer is a veteran or beginner attorney, for instance. Your legal issue may very well be handled by someone who is fresh out of law school, (or not). It all depends.

2. What type of cases do you generally handle? What percentage of your practice is devoted to (the practice area in question)?

You'll also want to know about a lawyer's expertise and how much of the attorney's practice is devoted to topic area your legal issue falls within. For example, if you need help with an adoption case, you may wish to seek a family law lawyer who has worked on, well, adoption cases. Click here for a full list of practice area definitions.

3. Who is your typical client?

This is an important, but often-overlooked question. For example, if you are an individual with a particular legal problem, but the attorney your meeting with represents only corporations, this may not be the best lawyer for you. Likewise, you may wish to know the financial background of some of the lawyer's clients.

4. How many cases have you represented that were similar to mine?

Now is not the time to act shy. Feel free to ask about the attorney's track record, such as the number of cases won or settled, for example.

5. Other than a law degree, what kind of special training or knowledge do you have that might apply in my situation?

Some cases, like DUI and patent cases, require specialized training and knowledge for effective representation. Be sure to inquire whether your case fits into that category.

6. What are your attorney fees and costs, and how are they billed? Will a portion or all of my case be handled by paralegals or legal assistants? If so, ask about reduced costs

This step is obviously an important one. You'll want to know whether you can afford the lawyer's services and how you will be required to pay. This is also the time to ask about payment options and how often, and under what circumstances, you will be billed.

7. What is your approach or philosophy to winning or representing a case?

This can be important in two ways. First, if you are seeking an amicable divorce, for example, but the attorney is known to "go for the kill" in divorce cases, the attorney may not be the right one for you.

In Order to Move Forward With Any Lawyer, First Ask These Ten Questions

Think of the consultation as an interview. You’re hiring the lawyer. Put the attorney to the test, starting with this question….

Finding the Right Lawyer Is The First Step in Winning Your Case

You are, after all, as good as your representation. Your lawyer speaks for you. Therefore make sure you speak with that lawyer first to ensure he/she is the right one for the job. Find the best lawyer for you today.

How Long Have You Practiced Criminal Law?

Yes, the experience is extremely important, but it is more important to choose a lawyer with the right experience. While many attorneys practice a variety of areas of the law, be sure your lawyer has years of criminal law experience.

Have You Handled Cases Like Mine Before?

If the answer to this question is “no” or “only a few”, you better choose another lawyer – someone who has worked on cases like yours in the past, and has a success rate at that.

What is Your Success Rate?

It’s always a good idea to ask a criminal defense lawyer about their success rate. Most attorneys with satisfied clients will have no problem sharing written testimonials. But what if an attorney doesn’t have any client testimonials or doesn’t want to share any with you? Well, this is a red flag you should never ignore.

What are My Options?

Understanding your options is crucially important because the outcome will affect you for the rest of your life. So don’t hesitate to ask the lawyer the following questions:

Will You Be Working Directly on My Case?

If you have decided to hire a criminal defense attorney from a law firm, don’t forget to ask your potential lawyer if he or she will be completely involved in your case from start to finish. The thing is attorneys usually delegate certain tasks to other members of the legal team.

How Long Do You Think My Case Will Take to Resolve?

In fact, the amount of time it takes to get a resolution varies widely from case to case. So no lawyer can give you a definite amount of time. However, an attorney should be able to give you a rough estimate based on their personal experiences with similar cases. Having an idea about the time frame will help you prepare for the process accordingly.

How Much Will My Defense Cost?

The legal defense can be costly, so it is important to understand the costs that you will be facing throughout the process. Here are more questions you can ask:

Introduction

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.

Questions to Ask Criminal Defense Appeal Attorney: The Financial Aspects

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.

Questions to Ask a Criminal Defense Appellate Lawyer: How Your Case Will Be Handled

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?

Questions to Ask Yourself

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.

Hire the Best by Asking Good Criminal Defense Appeal Attorney Questions

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.

Why is it important to have an open line of communication with your attorney?

An open line of communication with your attorney is important so that you can obtain case updates throughout the process.

Do clients understand the legal fee arrangement?

Clients must understand the legal fee arrangement at the outset of the representation. You should ask your lawyers to clarify any questions you may have prior to the start of the representation.

Do substantive decisions require your approval?

The litigation process may require some procedural decisions which the attorneys may handle, but substantive decisions will require your approval. The client has the right to be apprised of decisions regarding their case.

The Criminal Lawyer's Background & Experience

When you first meet with a criminal lawyer, its important to find out if he or she has prior experience defending against similar charges. If you are charged with driving under the influence of alcohol, for example, you dont need a lawyer who primarily defends felony murder suspects. Some questions to ask include:

Assessment of Your Case

Whether you are charged with a crime in county, state, or federal court, youll want your criminal defense attorney to give you a good idea of whats to come. Some relevant questions to ask are:

Case Management

Case management is the term lawyers use to describe how a cases logistics are handled. Its important to know what goes on behind the scenes with your case, so that there are no misunderstandings. Relevant questions to ask include:

Legal Fees

Most criminal lawyers will either charge by the hour, also known as an hourly fee, or ask for a flat fee. Rates can be competitive, so it pays to shop around. However, lawyers with a good reputation may charge more.

Hiring a Criminal Lawyer

After meeting with a criminal lawyer or two, its time to choose one. You may have only met with one but are confident that you found your attorney. Or, maybe you met with several, but one was clearly more qualified. Your decision, then, is an easy one.