how to approach a criminal defense attorney

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. Not acting quickly may limit your legal rights and options. Be proactive in finding out how your attorney expects to be compensated.

Full Answer

How does a criminal defense attorney gather information?

Open and collaborative communication with his or her client to obtain a thorough personal and criminal history and to ascertain the client’s mental capacity/state of mind, timeline of the crime, and relationship with the victim. Thanks to attorney-client privilege, anything shared with one’s defense attorney is completely confidential.

How do the best criminal defense lawyers develop the theory of Defense?

Aug 04, 2015 · Always be as honest and candid as possible about the facts of your case. The more your attorney knows, the more he or she can help you. 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.

Do I need a lawyer for my criminal defense attorney?

Jun 18, 2014 · Once you've found a lawyer you're comfortable working with, lay all your cards on the table. Rule number one, says Unrath, is to be honest and truthful. Your conversations with them are legally ...

What should I look for when hiring a private defense attorney?

Nov 13, 2018 · Gather criminal defense attorney information and go into your consultations with a list of questions that you have prepared ahead of time. Do not leave until your questions have been answered. Ask about payment schedules, trial strategies, negotiations, your options, and the overall estimated timeline.

What is the most common argument of a defense attorney?

Common Defense Strategies in Criminal CourtNo 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)

How do you build a defense case?

5 Steps to Build a Strong Criminal DefenseCrafting a narrative of the case. ... Working hard to collect evidence. ... Knowing the law. ... Coming up with points of leverage and points of light. ... The ability to fight.

How do you build a strong defense?

Four Keys To Creating A Strong DefenseDon't talk to the police. You have the right to remain silent, and it's essential that you exercise this right. ... Call a lawyer immediately. Even if you merely suspect you may be under investigation, talk with an attorney right away. ... Take advantage of experts. ... Use motions skillfully.

What is a defense strategy in court?

A defense strategy is a product of a defendant and defense attorney fitting together the version of the truth that is most likely to produce a satisfactory defense outcome–a verdict of not guilty, a verdict of guilt of a lesser charge, or an acceptable plea bargain.

1. Start Looking Right Away

According to columbuscriminaldefenseattorney.com, the best time to ask for an attorney is the moment you know that you’re not free to go during a police interaction. When you reach out to an attorney, you need someone who is available to start right away.

2. Choose Someone with Relevant Experience

When you choose an attorney, you want someone who specializes in your type of case. Don’t choose a jack-of-all-trades. Instead, pick someone who specifically handles cases pertaining to your charges or in criminal law.

3. Choose Someone with Geographical Experience

The type of criminal defense lawyer you will need greatly depends on the nature of the charges. If you’ve broken a state law, you’ll want someone with state experience. If you’ve broken a federal law, you’ll require someone with federal experience.

4. Check Their Reputation and Track Record

Take some time to review your attorney’s reputation and track record. It’s important to consider how often their defendants win, but also how they’re perceived. Ask for referrals and look beyond online reviews, going as far as to reach out to the local State Bar.

5. Look for Someone Realistic

While it’s important to feel comfortable and confident, you don’t want a lawyer who makes promises. Even when you have great odds, your attorney should always be realistic. There are endless variables that can determine how a case plays out in the courts.

6. Clarify the Fee Structure

Take time to clarify the fee schedule and structure before hiring a lawyer. Your attorney should be open and transparent about what you can expect to pay, what you’ll be paying for, and what events could increase those costs. It should also be clear how often you’ll be paying and what options are available to you.

7. Look at the Whole Team

As mentioned above, when you hire a criminal defense attorney, you hire a legal team. Their team might consist of other legal professionals and assistants. Take time to evaluate the whole team and understand who will be working on your case.

What is a criminal defense attorney?

A superior criminal defense is built upon a comprehensive understanding of the case and the defendant. A defense attorney gathers information through several means, including: 1 Open and collaborative communication with his or her client to obtain a thorough personal and criminal history and to ascertain the client’s mental capacity/state of mind, timeline of the crime, and relationship with the victim. Thanks to attorney-client privilege, anything shared with one’s defense attorney is completely confidential. 2 A process known as “discovery” that promotes fairness in trials, whereby the defense receives all the evidence that the prosecution has, including the charging document, police reports, lab tests, and witness statements. Defense attorneys scrutinize these documents with great care to assess the state’s evidence and look for holes that may help the defense or point to wrongdoing on the part of law enforcement while gathering evidence (e.g., illegal search and seizure, etc.). 3 Independent investigation to gather new evidence and verify the facts of the case. Good defense attorneys will not simply take the prosecutor’s version of events at face value, but instead will conduct their own research, including but not limited to: interviewing witnesses to determine their credibility; visiting the scene of the crime; and exploring any inconsistencies in the state’s evidence.

What do defense attorneys do?

Good defense attorneys will not simply take the prosecutor’s version of events at face value, but instead will conduct their own research, including but not limited to: interviewing witnesses to determine their credibility; visiting the scene of the crime; and exploring any inconsistencies in the state’s evidence.

What is a trial in court?

A trial is a formal legal proceeding where the facts of a case are presented to a judge (in a bench trial) or a jury of one’s peers (in a jury trial) to determine whether a defendant is found to be guilty or not guilty of a certain offense.

How long does it take to prepare for a trial?

While a confident and impassioned courtroom presence is undoubtedly important, lawyers who succeed at trial also require a solid foundation of thorough trial preparation that takes place weeks and months before ever stepping foot into the courtroom.

What is a motion to dismiss?

Other cases are resolved during the pre-trial process; for example, a defense lawyer can file a “motion to suppress evidence” or a “motion to dismiss charges ” that can greatly benefit a defendant and perhaps prevent a case from going to trial.

What happens if plea bargaining fails?

If plea bargaining fails and the defendant does not wish to plead guilty , and a judge concludes that there is probable cause to believe a crime was committed, a trial will be scheduled.

What is the process of discovery?

A process known as “discovery” that promotes fairness in trials, whereby the defense receives all the evidence that the prosecution has , including the charging document, police reports, lab tests, and witness statements.

What is a good lawyer?

A good lawyer works with you, helps you understand the situation, and guides you to the best possible result. To do that, they need a client they can work with. Here's how to be just that. Advertisement.

What does "tell me everything" mean?

Rule number one, says Unrath, is to be honest and truthful. Your conversations with them are legally protected, which means now's not the time to hold back. When your lawyer says "tell me everything," they mean it:

Is a lawyer a human being?

Your lawyer is still a human being, and they need to experience the events you're describing or your situation as close to how they happened as possible. Jumping forward and back in time or going off on tangents is confusing, and may lead to an important detail being overlooked.

Pinpointing Your Specific Legal Needs

It’s essential to determine your unique legal needs. Follow these steps:

How to Choose a Criminal Defense Attorney

You’re ready to get down to the details when it comes to how to find a good criminal defense attorney. Consider the following steps:

Questions to Ask a Criminal Lawyer Before Hiring

And the previous list continues as you determine how to find a good criminal defense lawyer and how to find a criminal defense attorney who is particularly perfect for you and your needs.

What does a defense attorney do?

A skilled defense attorney can work quickly to get the evidence you need to support your case, or your side of things. This can include gathering physical evidence as well as securing witness statements.

What to do when facing a criminal charge?

When you face a criminal charge, you must be aware of the legal options you have. Your defense lawyer can provide you with these options and advise you on your next steps. Keep in mind that your attorney will have your best interests at heart.

Is a criminal charge a serious charge?

A criminal offense is a serious charge, and a professional approach is needed to deal with the challenges and to meet the problem head-on. For instance, it may be necessary to mediate between you and your accuser. If so, a professional approach by a defense attorney can help. You should never contact your accuser on your own. Leave that to a professional.

Is the Texas Penal Code complicated?

The Texas Penal Code as well as federal statutes are complicated when it comes to criminal charges. An experienced lawyer understands these laws and the best way to face them and to counter the charge against you.

What is a defense attorney?

Within the complex criminal justice system, a defense attorney serves as the defendant's guide, protector, and confidant. (At least that's how it's supposed to be.) Defense attorneys are usually grouped in two camps: court-appointed attorneys paid by the government and private attorneys paid by the defendant. ...

What does a defense lawyer do?

Defense counsel also provide more personal services by giving the defendant a reality check as to the possible outcomes and by helping the defendant to deal with the frustrations and fears resulting from being thrown into the criminal justice system. And of course, if no plea deal can be made, the defense lawyer represents the defendant at trial.

Why is deal making important?

Because of a number of factors—political and public pressure, overcrowded jails, overloaded court calendars—deal-making has grown in importance and has become an essential element in unclogging the criminal justice system.

What is a court appointed attorney?

These court-appointed attorneys are either public defenders who are on government salary, or they are so-called "panel attorneys," local attorneys chosen from a panel. A small fraction of criminal defendants (approximately two percent) represent themselves and are referred to as "pro se" or "pro per" defendants.

Can a defendant represent themselves?

What is clear is that being represented by a lawyer is almost always the best option. Nevertheless, some criminal defendants represent themselves. The decision of whether a defendant can self-represent is ultimately made by the judge, not the defendant. The judge is required to determine the defendant's competency.