Tips on finding and hiring the best criminal defense attorney for your case.
The most important issues are: (1) that the lawyer practices primarily in the area of criminal defense; (2) that they have lots of experience, 20 or plus years (newer lawyers are green, green, green and will be fearful and miss things); and (3) published record of successes.
If you’ve been arrested for committing or charged with a crime—regardless of how serious—it’s a good idea to talk to an attorney. You should hire a private criminal defense lawyer.
Hiring a criminal defense attorney is an important decision and while there are lots of attorneys who handle criminal cases, you need to hire a criminal defense lawyer specifically. Do not hire a lawyer who handles multiple types of cases, such as personal injury, family, and criminal. Below you’ll find some information and tips to help you find and choose the best criminal defense lawyer for you.
How to Find a Good Criminal Defense Attorney
Because there are so many criminal defense attorneys out there, the task of finding and selecting one can be daunting. If your case is in federal court (versus state court), you’ll also want to make sure your search focuses on finding a criminal defense attorney who also handles federal cases.
Start Looking for a Lawyer Immediately
It’s usually best to talk to a criminal defense lawyer as soon as possible. Although your first court date might be a way out, finding a lawyer can take some time, and there might be things you can do in the meantime to improve the outcome of your case. For instance, if your case involves drugs or alcohol, an attorney might advise you to get into treatment, domestic abuse counseling, or start going to 12-step meetings, like Alcoholics Anonymous (AA), even before going to court for the first time.
Where to Start When Looking for a Criminal Defense Lawyer
Sometimes having an abundance of options can make the search that much more difficult. Here are some places to look.
Google search. A person can conduct a google search, yahoo, bing, duckduckgo, Public Square, etc.
Friends and family. If you’re comfortable doing so, start by asking friends and family for recommendations. Just remember that attorneys specialize in practice areas, like doctors. So if a friend recommends their estate lawyer, that lawyer likely won’t have experience in criminal defense, but they might know someone who does, such as a former law school classmate.
Legal websites and bar associations. These sorts of sites usually do not provide quality referrals, as they are usually simply paid ads. Websites provide information on legal issues, as well as tools to help you find a lawyer by practice area, location, and even language. You can also look on websites for a local or state defense bar, such as [Your State’s] Criminal Defense Bar. These organizations usually have attorney lists. They usually have low income lists for family law.
Questions to Ask When Choosing a Criminal Defense Lawyer
Once you have a few names and numbers, start making phone calls. Most criminal defense attorneys offer prospective clients a free initial consultation. These are done via a telephone call. Taking advantage of this opportunity to speak with the attorney and get some of your questions answered doesn’t obligate you to hire the attorney. A telephone consult will often give you a good idea of whether you can work with a particular attorney or firm.
You should come to your consultation prepared—it’s a good idea to have all your case-related paperwork, especially your case number, and a list of the questions you want to ask. While there’s no surefire way of picking the best criminal defense attorney, here are some questions to help inform your decision.
1. What is the attorney’s area of practice?
Ask how much of the attorney’s practice is devoted to criminal defense. Some attorneys will occasionally take a criminal case, while others do all or almost all criminal defense. An attorney who focuses on criminal defense is more likely to be up to date on criminal law and familiar with how things run in criminal courts.
Within criminal law, there’s also a difference between state and federal cases. The two court systems follow different laws and procedures. It’s a good idea to ask whether an attorney you’re thinking of hiring has experience in the type of court system in which you’ve been charged.
2. What experience does the attorney have in defending criminal cases?
The number of years an attorney has been practicing criminal defense is an important consideration. The more years of experience, the better the representation is likely to be. Experience matters.
Ask how much experience the attorney has defending against the kind of charge you’re facing, such as DUI, theft, or assault. Criminal defense attorneys often have niche areas that they focus on. For example, many criminal lawyers do primarily DUI cases. And there are other attorneys who concentrate on more serious felony charges, like criminal sexual conduct or felony drug charges. Chances are you’re going to want to go with an attorney who is familiar with the type of case you have.
3. Does the criminal defense lawyer practice in the local area?
See if the attorney is familiar with the court where your case will be heard. An attorney who regularly practices in a certain city or county is more likely to know the prosecutors and judges and their tendencies.
If you live in a rural or suburban area, however, getting a lawyer from the cities is a very good idea, because they will bring a fresh approach, and the problem of cronyism can be avoided, as well having to cow-tow to a judge, because you appear in front of that judge every day. There is greater power in hiring a lawyer from outside the local area. Being from outside the small town can make plea negotiations better. A lawyer will know how a judge should rule on particular issues can be determined in legal research and in determining defense strategies.
4. How is the attorney paid?
To avoid disputes in the future, it’s important to know ahead of time how much you’ll be paying for your case. Typically, attorneys either charge an hourly or flat rate. An attorney who charges an hourly rate bills for the actual time spent working on the case. With flat-rate fees—which are perhaps more common in criminal cases—you pay a set amount for your case or for certain stages of your case, or for the whole case.
For example, a lawyer might charge $4,900 to handle a felony case, regardless of how many hours of work it takes. But you should always ask what the flat fee covers. Sometimes attorneys do a pretrial flat fee but there’s an additional fee if the case goes to trial. It’s also a good plan to ask about whether the attorney anticipates any other costs, such as expert witnesses or investigations.
5. Which lawyer will be handling your case?
When you hire an attorney who’s a solo practitioner, you can be fairly certain about who will be working on your case. But if you hire a law firm with multiple attorneys, you’ll probably want to ask who will be responsible for your case and coming to court with you.
Clients are sometimes dissatisfied when they think they’re hiring one lawyer—the lawyer they speak to when hiring the firm—but another attorney from the firm ends up being in charge of the case.
Hiring the Best Criminal Defense Attorney for You
Considering all this information and your communications with prospective attorneys, don’t forget to ask yourself if you’re comfortable with the attorney. If you can’t talk or ask questions freely, think about how you will feel in the courtroom side by side with this person. You want a lawyer who you trust and who will be a partner in your case. While you can typically change privately retained attorneys, this decision can be costly, and if you decide this late in the game, there’s a chance the judge won’t allow it. Remember that you and your lawyer are supposed to be on the same team. Representation will go best if you follow the lawyer’s lead, treat them respectfully, and be on the same team.
If you can’t afford to hire an attorney, you can ask the court to appoint a public defender. You’ll need to fill out financial forms and affidavits to prove you are financially unable to hire an attorney. Self-representation can be an option but usually isn’t the best.
Call Lynne Torgerson Criminal Defense Attorney for representation at (612) 339-5073. She is lawyer of excellence and experience of over 30 years, with a published record of successes. A quality choice, good for you.