Comprehensive Guide to Choosing the Right Criminal Defense Attorney
Need a criminal defense lawyer, but not sure where to start? We’ll tell you.
First, understand your criminal defense needs, including what type of attorney is best. Then, learn what to look for in an attorney. Finally, we have some questions to ask before you hire. We’ll also touch on some red flags to watch out for.
By the end, you’ll be armed with the information necessary to make the right decision for you and your case. Let’s dive in…
What You’ll Learn:
- What Are Your Criminal Defense Needs
- The Actual Difference Between Public & Private Attorneys
- What To Look For In A Criminal Defense Attorney
- Questions To Ask Before Hiring
- Red Flags To Watch Out For
1. What Are Your Criminal Defense Needs
First things first: not all criminal charges are the same.
While one attorney might handle DUIs with ease, they might struggle with federal fraud cases. And while one attorney is an expert at defending drug possession charges, another attorney might have more experience with assault allegations.
The point is, it’s important to know what specific criminal defense services you might need, in order to build an effective legal defense.
Think of it like this…
You wouldn’t hire a podiatrist to perform heart surgery. So, why would you expect a criminal defense attorney that specializes in DUI cases to also be a master at handling drug offenses? Or, a criminal defense attorney who primarily represents people in federal fraud cases to know the ins and outs of DUI defense.
At firms like Rubin Law Office, they specialize in matching the right criminal defense services and attorney to your specific needs and charges. That’s how they are able to build a custom defense that is tailored to your situation.
Here’s the thing though…
The type of charge that you’re facing determines just about everything about your criminal defense. From the possible penalties, to the options available to you, and the best defense strategy. Without an attorney who specializes in your type of charge, and understands those options, you’ll be fighting at a disadvantage.
2. The Actual Difference Between Public & Private Attorneys
Let’s talk about public defense versus private attorneys…
Statistically, conviction rates are about the same for court-appointed attorneys compared to those of retained counsel. 75% compared to 77%, respectively.
But wait…there’s more.
Incarceration rates for defendants with public defenders, on the other hand, are noticeably higher. 7 in 10 defendants with appointed counsel receive a jail or prison sentence, compared to only 5 in 10 who hire their own attorney.
Why? Time and resources.
Public defenders are notoriously overworked and understaffed. On average, a public defender is carrying 100+ active cases at any given time. (Source) Can you imagine being expected to give adequate attention to 100 clients all needing your undivided attention?
In contrast, a retained or private attorney can focus all of their resources on you and your case. They have time to investigate, they have time to strategize, and they have time to return your calls. And when your future is on the line, that extra attention can make all the difference.
3. What To Look For In A Criminal Defense Attorney
But here’s the thing…
It’s not just a matter of “public vs. private.” Even when you’re working with a private attorney, not all criminal defense attorneys are created equal.
The best criminal defense attorney for you is the one with the specific qualities that will help your case.
So let’s break down a few of the more important traits to look for in a criminal defense attorney…
Experience in Your Type of Case
Example: An attorney might have 20 years of experience, but if they’ve never handled a DUI, all of that experience is irrelevant to your case. You want someone who has been in the trenches with cases like yours.
Local Court Knowledge
Example: If a court-appointed judge hands down a lower sentence to the woman in front of you, what are the chances your attorney even noticed? Knowing the players (judges, prosecutors, etc) and the system is a major leg up.
Resources and Support
Example: Fighting criminal charges takes more than legal expertise, it also requires investigators, expert witnesses, research tools, and administrative support. Solo practitioners may struggle to provide this level of resources.
Communication Style
Example: If they can’t explain your case and options in simple terms during the consultation, how will they be able to communicate effectively to a jury?
4. Questions To Ask Before Hiring
Too many people go into attorney consultations unprepared. They sit there, often nervous and overwhelmed, hoping the attorney will somehow prove themselves.
That’s backwards.
The attorney is there to interview you, not the other way around. Take control of the consultation by asking important questions.
Here are some of the most critical to get you started:
How many cases like mine have you handled?
Don’t accept vague answers. You want to know specific numbers and outcomes. Not only have they handled this specific type of case, but how many?
What’s your trial experience?
Only 2% of criminal defendants actually go to trial. But you need someone that is prepared for that possibility. Are they pushing the plea deal every time, or will they fight for you in court?
Who will actually handle my case?
Big firms sometimes assign the bulk of the work to junior associates. Make sure you know who will actually be responsible for your case.
What’s your strategy for my specific situation?
They should have some initial thoughts on a strategy based on your charges. It’s not time to lay out a specific detailed plan yet, but they should have a general idea of an approach that makes sense.
How do you communicate with clients?
Weekly updates? Only when there’s something to report? Email or phone? Don’t let communication expectations get off on the wrong foot.
5. Red Flags To Watch Out For
Some things are deal-breakers when it comes to potential attorneys:
Guarantee of Results
In criminal cases, nobody can guarantee anything. Too many variables. Attorneys who promise certain results are either lying, or just plain inexperienced.
Pressure Tactics
“Sign today or the deal is gone!” Real attorneys don’t try to strong-arm you with high-pressure sales techniques. Criminal defense is too important to rush into decisions.
Unclear Fee Structures
You should absolutely understand exactly what you’re paying for. Is it hourly or a flat rate? What’s included? What will cost extra? If there’s confusion about this during the consultation, there will be no end of problems later.
Bad Communication
If they are hard to reach or unresponsive during the consultation phase, that will only get 100 times worse when you’re paying them as a client. Pay attention to their communication style now.
No Local Presence
If an attorney isn’t local or doesn’t have a strong presence and familiarity with the local courts, you are at a disadvantage. Local knowledge and relationships go a long way.
The Decision
Need a criminal defense attorney? Great. Now make the decision.
Don’t rush it. Don’t automatically go with the cheapest one, just to save a few bucks. Don’t hire the flashiest website or the ones with the biggest promises.
Focus on competence and experience instead. Find an attorney or law firm that has the specific qualifications to help you, and who you can trust to have your best interests in mind.
Interview more than one. Compare their approaches. Trust your gut on who you think you can work with in a stressful situation.
Remember…
The criminal justice system can be complex and unforgiving. One wrong move can have lifelong consequences.
But you have a choice to make the best of a bad situation. The right attorney by your side will make all the difference.
The Bottom Line
Your criminal defense attorney is one of the most important decisions you’ll make.
They will impact everything from your ability to negotiate a good plea deal, to potential sentencing options. They will be an advocate for your rights and your best interests.
The time and effort you put into choosing the right attorney will be well worth it in the end. Do your homework, ask tough questions, and watch for red flags.
You won’t regret going above and beyond to protect your future.
