questions for defense attorney when your innocent of charges

by Dr. Ross Gibson IV 7 min read

What questions should I ask a criminal defense lawyer?

Jun 11, 2020 · While this might save you money since junior associates charge a much lower hourly rate for the same task, you should confirm that the criminal defense lawyer makes all the vital decisions. Therefore, you need to make sure that the criminal attorney you pick has adequate time to handle your case personally and directly supervise the other team ...

Do you deserve the best defense from your attorney?

Apr 28, 2016 · Questions to Ask Your Defense Attorney About Your Criminal Charges. ... Talk to your criminal defense attorney about the merits of your case, the likely outcome if it goes to court, and whether the plea bargain is reasonable for the nature of the charges. However, only you can decide whether to accept a plea bargain or not. Previous Post.

When should you hire a criminal defense lawyer?

Sep 13, 2019 · A Defense Attorney Can Stop Charges In Their Tracks. ... If you’re truly innocent, your defense attorney can prove just how difficult it would be for the prosecution to establish guilt. In this case, the prosecution is more likely to agree to a plea or drop the charges altogether.

Do I need a lawyer for a plea deal?

Dec 14, 2010 · Post your question and get advice from multiple lawyers. ... 7 Questions you need to ask your Criminal Defense Attorney (to ensure a good defense) ... Are the charges based on events that happened years ago and can you bring a Speedy Trial Motion to dismiss? Additional resources provided by the author.

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How can I prove my innocence when falsely accused?

Collect Evidence The only way to prove your innocence is by gathering evidence to counter these false allegations. You need to provide an alibi and give your lawyers' witnesses' names that may be able to prove your innocence, so they can interview them.Sep 8, 2021

How do you prove you are innocent?

Witness testimony can be used to prove innocence in two ways. First, if someone else committed the crime of which you are accused, a witness may be able to testify to seeing a person fitting a different description at the scene. Second, witness testimony can be used to establish an alibi.Apr 8, 2021

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.Jan 15, 2010

How do you defend someone you think is guilty?

2:223:25My answer to "how do you defend someone you think is guilty"YouTubeStart of suggested clipEnd of suggested clipHave no idea whether or not somebody is telling you the truth whatever the evidence looks likeMoreHave no idea whether or not somebody is telling you the truth whatever the evidence looks like people lie for all sorts of reasons people do things for motivations that we can only guess at.

How do you defend yourself against accusations?

How to Defend Yourself Against False AccusationsStay Calm. ... Hire an Attorney to Help You Fight Back. ... Gather Evidence. ... Challenge the Accuser's Credibility. ... Find Your Own Witnesses and Present Evidence of Your Side of the Story. ... Develop a Strategy in Criminal Defense Cases.More items...

Does the defense have to prove innocence?

You Don't Need to Prove Your Innocence It's the prosecutor's job to prove you are guilty — beyond a reasonable doubt. Your defense team's job is to show that the prosecutor has not reached the required threshold of proof.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

Can a lawyer charge you without telling you?

A lawyer can charge you for a consultation but they should tell you before you book and explain any conditions. For example, they may offer the first 30 minutes free but charge for time above that. A lawyer should speak to you about costs and provide the best possible information so you can make an informed choice.

Is it illegal to defend a guilty person?

It is legal in California to defend yourself if you reasonably believe that you or someone else is in imminent danger. This is called “self defense.”

How do defense attorneys defend someone they know is guilty?

Defense attorneys are ethically bound to zealously represent all clients, those whom they think will be justly found guilty as well as those whom they think are factually innocent. ... Instead, the lawyer uses the facts to put on the best defense possible and leaves the question of guilt to the judge or jury.

Should you defend someone who is guilty?

Criminal defense lawyers must provide "zealous" representation. Another reason that lawyers can defend people regardless of guilt is that our society gives each citizen the right to be vigorously defended in a court of law. The U.S. Constitution assures every citizen due process and the right to legal counsel.

What is the best way to defend a client in a criminal case?

When it comes to defending a client in a criminal case, experience is key. There are numerous benefits to having an attorney who has practiced for many years and successfully represented a large number of clients. An experienced attorney can properly advise you on what to expect throughout all stages of the legal process. He or she will also have the ability to anticipate the strategies or actions of the prosecution and can use that to help build you a strong defense strategy.

What to expect from an experienced attorney?

An experienced attorney can properly advise you on what to expect throughout all stages of the legal process. He or she will also have the ability to anticipate the strategies or actions of the prosecution and can use that to help build you a strong defense strategy.

Why is it important to find an attorney?

It is not only important to find an attorney who has handled a good number of cases, but one who is knowledgeable about the charges you face as well. A lawyer who has had experience handling clients facing similar charges can save you a lot of time and money and most likely find you a better outcome overall.

How to settle a case out of court?

In many ways, the best outcome you can have for your case is one that comes quickly. By negotiating to settle out of court through a plea bargain, your attorney may be able to help you avoid having to appear in court and appear before a judge and jury.

Do attorneys delegate their work to other attorneys?

Oftentimes attorneys will delegate certain tasks involved in your case to other members of the legal team. This can be of benefit to you, as a junior associate’s hourly rate may be lower, which will save you having to pay a higher rate for your attorney to do the same task.

Can an attorney control the outcome of a case?

Just as with the outcome of a case, no attorney can control every aspect of the legal process or guarantee exactly how the case will play out. However, your attorney should be able to devise a clear defensive strategy and a plan for how to proceed with your case.

Can a lawyer guarantee a specific outcome?

No lawyer should guarantee a specific result for your case and you should be wary of any attorney who makes promises about what the exact outcome will be. However, an experienced and knowledgeable attorney should be able to evaluate the preliminary information they are given about your case and make an assessment as to how it may likely play out. It is also important to find what your attorney thinks are the strengths and weaknesses of your case which will shape the defense strategy that he or she will devise.

DISCOVERY -- EVIDENCE -- INVESTIGATION

DISCOVERY -- EVIDENCE -- INVESTIGATION#N#Has your lawyer obtained and reviewed all "Discovery", including: police reports, witness#N#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?

CLIENT ACTIONS - What should you do?#N#Sometimes there are steps you can (and should) take which will dramatically lessen your sentence.

STRATEGY

STRATEGY#N#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

COSTS#N#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

SENTENCING ALTERNATIVES#N#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.

MOTIONS -- Legal Defenses (Due Process and your constitutional rights

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.

What makes a good defense lawyer?

Any good defense lawyer has a strong team that works with them. Assistants, clerks, paralegals, other lawyers, and secretaries are all key components of a thriving legal infrastructure. Ask your lawyer if you can meet the other members of their team. In some cases, they will be the people you communicate with as your case proceeds.

What happens if a criminal case goes to trial?

In other cases, a defense attorney can work out a plea agreement with the prosecutor. Finally, if the case does go to trial there is the possibility of a not guilty or guilty verdict.

What to do if you are charged with a crime in Los Angeles?

If you have been charged with a crime, one of the most important things you can do is hire a qualified Los Angeles defense attorney. However, not all criminal defense lawyers are going to be of the same quality.

Is there a lawyer in your area who specializes in the exact type of law related to your case?

There is a good chance that there is a lawyer in your area who specializes in the exact type of law related to your case. You can ask lawyers you are considering hiring what their area of specialty is. If it is not related to your case you should probably continue your search.

What is the key to a strong defense?

Communication between a lawyer and their client is the key to any strong defense. Tell any lawyer you are considering hiring that you expect regular communication and that you want to be informed of any updates in your case.

How long does it take for a trial to be finalized?

In some situations, plea offers or agreements are common and might only take a month or two to be finalized.

Do criminal defense attorneys take money?

In fact, there are many criminal defense attorneys who will gladly take your money, represent you in court, but know very little about your case and contact you infrequently. That is not what you are looking for in a criminal defense lawyer. Instead of hanging your hopes on a lawyer that might not be able to get the job done, ...

The Filing Decision: Limited and Erroneous Information

When a case comes across the desk of a prosecutor who makes filing decisions, all that’s often available is the police report of the incident in question. Your average police report—at least a preliminary one—is limited in the information it conveys.

Intervening Before Charges

Pretrial communication is one of many reasons hiring an experienced criminal defense lawyer as soon as reasonably possible is your best bet. (That said, you shouldn’t rush into the decision, nor allow a lawyer to pressure you into hiring him or her.

Going for a Dismissal

Oftentimes innocent defendants have to wait until the filing of charges before their lawyers can get involved. But that doesn’t mean that trial is necessarily in the cards.

Letting It Play out

Sometimes the best move for the defense is to do nothing. It can take several months for the prosecution to learn that there’s insufficient evidence to convict the defendant, whether because a witness recants a story or it becomes evident that the witness isn’t credible.

Get a Lawyer

You probably need a lawyer for many reasons, not least of which is the pretrial stage. Only an attorney can carry out the tasks discussed in this article. Further, an experienced lawyer’s judgment in these matters is essential—your lawyer should be the one to decide which method (s) to pursue, even if that means waiting patiently for trial.

What is criminal law?

Criminal law covers a variety of cases. Some lawyers see the majority of their cases come from a specific legal issue, such as drugs, murder, DUI, or white-collar crimes. You should find out how many cases they have handled that are similar to yours. That way you can be satisfied that they know what they are doing. 4.)

How to contact Silver Law Firm?

He is ready to dive into your case and determine the process that will take your case towards the best possible result. Call Silver Law Firm today at (510) 995-0000, or use our online form to set up a free case consultation.

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