what do i need to know about dealing with the defendant's attorney

You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof. That comes in the form of what will later be evidence (such as documents, photos, or live people to testify about the facts).

Full Answer

What are you looking for in a criminal defense attorney?

You’re looking to hear something. You could be vulnerable. You’re looking for the buzzwords that are gonna make you feel better. In the criminal defense space, it could include, “Justin, if you give me X, I can keep you out of jail.” Let me tell you what I did when I heard that.

Do I need a lawyer for my criminal case?

Learn how to work effectively with your attorney. The Sixth Amendment guarantees all defendants the right to the assistance of legal counsel in criminal cases. If a person cannot afford to hire an attorney, courts will appoint a lawyer at public expense, not only for felony cases but also for misdemeanors that can result in incarceration.

What are the duties of a criminal defense attorney?

Criminal defense attorneys, who stand beside clients accused of everything from minor offenses to mass murder, must mount the most effective defense of their client possible no matter how heinous the crime. While their work enforces a person’s constitutional right to a fair trial, some observers chastise them for representing society's villains.

What should I do when I'm Upset with my lawyer?

For example, if you're upset because of a court ruling, or because the court system is moving your case along slowly, carefully consider whether another attorney reasonably could have gotten a different result.

What is the role of the defendant's attorney?

Whether dealing with criminal or civil cases, a Defense Attorney is an advocate for the accused, responsible for protecting their client's interests. When individuals or corporations are brought before a court as the defendant, they are at risk of having a judgment made against them.

How do you respond to an attorney in court?

Give the answer in your own words, and if a question can't be truthfully answered with a “yes” or “no” answer, explain the answer. If an attorney demands a “yes” or “no” answer and you can not give one, let the judge know that, and explain that to do so would be misleading to the court or inaccurate.

What are four things that you should find out about in looking for an attorney?

Five Things to Look For When Hiring an AttorneyEXPERIENCE. One of the most important things to look for in a potential attorney is experience – i.e. experience the lawyer and their law firm have in handling matters similar to those which you are facing. ... LEGAL FEES. ... COMMUNICATION. ... AVAILABILITY. ... HONEST ADVICE.

Do defense attorneys know the truth?

Although popular culture may detest the work that criminal lawyers do, the function of a lawyer is crucial in order to maintain justice and ensure fair outcomes for anyone that is facing legal charges. Truthfully, a defense lawyer almost never really knows whether the defendant is guilty or not of the charged crime.

What happens if a defendant does not answer a complaint?

— If the defendant fails to answer within the time specified in these rules, the court shall, upon motion of the plaintiff, order judgment against the defendant by default, and thereupon the court shall proceed to receive the plaintiff's evidence and render judgment granting him such relief as the complaint and the ...

How do you impress a judge in court?

Be clean.Be clean. It is important to wear neat and clean clothes when you are going to court. ... Stand when the judge enters the room. ... Address the judge as 'Your Honor. ... Be audible. ... Use proper language and speak in complete sentences. ... Prepare before every hearing. ... Be polite and respectful. ... Be punctual.More items...

What are good questions to ask lawyers?

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...•

How do you question a defendant?

You must ask questions beginning with words such as Who, What, Where, When, Why, How, Describe, Tell, Explain, etc. You should ask questions that allow the witness to provide her own answer. For example, “Witness, what did you see at the intersection of A and B streets?”

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

Can a lawyer snitch on you?

The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.

How honest should you be with your lawyer?

So, if you did commit a crime, should you admit it to your attorney? Most criminal defense attorneys want their clients to be honest with them about the facts of the case. A defense attorney will not offer lesser representation simply because he or she believes the client has committed a crime.

How can a defense attorney defend a guilty client?

A criminal lawyer can still defend the client by arguing that the evidence does not prove the elements of the offence beyond reasonable doubt. If the client gives evidence denying guilt or makes a statement claiming their innocence, the solicitor must stop acting for them.

How A Lawyer Gets Appointed

When defendants are arrested, they must be brought before a judge within a specified period of time. This appearance is known as an arraignment or...

The Advantages of A Court-Appointed Lawyer

You should not assume that an appointed lawyer will be less capable than a private attorney you pay. Appointed counsel may perform as well as, or e...

Do I Have to Keep My Appointed Lawyer?

If, at any point during your case, you are dissatisfied with your appointed counsel and come up with the funds (perhaps from family or friends) to...

Questions to Ask Your Lawyer

1. Can you help me complete my financial statement for the court? 2. What other resources can you, or the court, provide for my defense? 3. If I ge...

You Must Remain Silent

Upon arrest, you will be given a Miranda warning from the police. They are required to read you your constitutional rights when they take you into custody. The very first one right they will mention is the right to remain silent.

Do Not Resist Arrest

If you are being arrested and you believe you have done nothing wrong, you may want to fight back and resist the police. It can be difficult to fight this urge, but you must cooperate. If you do not, you could face an additional charge that might stick even if you are found to be innocent of the crime for which you were arrested.

Hire an Attorney

The early moments of your case are critical, which is why your next step should be to inform the police that you want to speak to an attorney. The sooner you hire an attorney, the sooner he or she can get started building your defense and help you avoid making mistakes during the investigation period of your case.

You Can Speak Freely to Your Attorney

Although you don’t want to talk to police, you should tell your attorney as much as you can about your case. You can do so with confidence because what you say to your lawyer is strictly confidential. This will help your attorney craft a winning defense strategy.

You Can Be Held Without Charges

In many cases, authorities may suspect you have committed a crime, but they do not have all the evidence needed to convict you at the time of your arrest. The police have a limited time frame to make their case to the district attorney or they must release you.

You Might Be Released But Charged Later

If the police miss their window to charge you while you are in custody, you will be released. Does this mean that your case is over?

An Attorney Can Save You Money on Bail

Hiring an attorney before your arraignment and bail hearing can potentially save you hundreds or thousands of dollars. Your lawyer can argue that you can be trusted to return to court on the date promised for trial, and that the court should release you on your word without having to pay bail.

What to say when you're going through a divorce?

I don’t need them to have tons of empathy and sympathy, but you want them to care. You want them to be passionate . As a criminal defendant , I was freaked out. I was scared to death. I didn’t know what to do. If you’re going through a divorce or a civil issue, you’re suing or being sued, it’s a very big deal.

Do civil lawyers do the same thing?

A number of civil lawyers will do absolutely the same thing. It’s nice to fix and lock the fee. It’s nice to know what it’s going to cost. The downside at times to an inclusive fee is you may not feel as if they’re doing all of the work, because they’ve already been paid.

Do you have to scratch a bankruptcy check?

If you hire bankruptcy, civil, criminal, whatever type of lawyer it may be, and they say it’s 50,000, 100,000, 200,000, you don’t need to scratch them a check at once. They haven’t done any of the work.

DISCOVERY -- EVIDENCE -- INVESTIGATION

DISCOVERY -- EVIDENCE -- INVESTIGATION Has your lawyer obtained and reviewed all "Discovery", including: police reports, witness 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? Sometimes there are steps you can (and should) take which will dramatically lessen your sentence.

STRATEGY

STRATEGY 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 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 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 is the job of a criminal defense attorney?

Criminal defense attorneys, who stand beside clients accused of everything from minor offenses to mass murder, must mount the most effective defense of their client possible no matter how heinous the crime. While their work enforces a person’s constitutional right to a fair trial, some observers chastise them for representing society's villains.

Why do criminal defense lawyers choose that legal subspecialty?

Ask a criminal defense lawyer why they chose that legal subspecialty and the most common answer is that nothing gets their blood going more than a case with high stakes. “Cases move faster and they’re just more interesting than civil cases,” Gates says. “There’s nothing worse than an extended conversation about Article 2 of the Uniform Commercial Code. It’s just more interesting to talk about a bank robbery.”

What does Lichtman do in court?

Once in court, Lichtman focuses on finding the one person in the box of 12 to connect with. “I look up the backgrounds of jurors,” he says. “I’m looking for anything in the background I can exploit in order to tailor my summation to something that’s happened in their lives.”

What does it mean to keep tabs on a jury?

THEY'RE ALWAYS WATCHING THE JURY'S BODY LANGUAGE. Keeping tabs on a jury means being able to assess which direction they’re leaning. Lichtman says body language can tell him a lot. “You can feel how a trial is going,” he says. Jurors who laugh or smile at his jokes are on his side.

Why do criminal defense attorneys chastise?

While their work enforces a person’s constitutional right to a fair trial, some observers chastise them for representing society's villains. In their view, that’s missing the point. In addition to making sure the scales of justice are balanced, criminal defense attorneys find satisfaction in tackling cases with high stakes.

Who is the lawyer for Timothy McVeigh?

To get a better understanding of this often emotionally draining work, Mental Floss spoke with three high-profile defense lawyers. In addition to Lichtman, we talked to Chris Tritico—the subject of the first episode of Oxygen’s In Defense Of docuseries premiering June 25, and who represented Oklahoma City bomber Timothy McVeigh in 1997—as well as Bryan Gates, practicing in North Carolina. Here’s what they shared about life as a devil’s advocate.

Is it easier to defend an innocent client?

It might seem like an innocent client would be easier to defend. But according to Gates, having a strong belief that a client is falsely accused creates additional strain on the defense. “It’s very stressful because you’re really identifying with the person,” he says.

What questions should an adjuster ask a client?

Two of the first questions an adjuster, judge or jury will want answered are: (1) "How soon after the accident did you client seek medical treatment?" and (2) "Did the client go to the ER?" If you get a call from a potential client very shortly after an accident, make sure you impress upon him the importance of getting checked out right away. I explain to my potential clients that I am not a doctor, and I am unable to diagnose why he or she is feeling pain following an accident. It is in your client's best interest to be examined as soon as possible following any accident. I know some attorneys are uncomfortable recommending that their clients visit the ER for many reasons. Fear of this referral becoming an issue in front of a jury is outweighed by the real need for people in pain to be examined by a doctor. Adjusters, judges and juries rarely think a visit to the emergency room is unreasonable.

What to tell a personal injury client about a subsequent accident?

While your personal injury client is in treatment, it is imperative for him to understand that if he has a subsequent injury, for better or worse, he must tell his treating doctors about the incident, and to let you know. Every adjuster will have access to a claims index. Auto accidents will appear on a claims index if the accident is reported by either party, even if there are no reported injuries. Subsequent accidents can create very effective cross-examination, even if there are no injuries, unless the patient tells the treating doctor about the accident and it is documented that the subsequent accident did not cause any increased pain or exacerbate the pre-existing condition. If your client has a subsequent accident and is not injured but does not tell his doctors about it, this will create a gray area for the defense and it will be used against your client. Take the ammunition away and make sure your client understands the importance of telling his doctors that he was not injured. If your client is injured in a subsequent accident, then it is important for his health care providers to know this information so they may proceed appropriately.

How many pending claims do insurance adjusters have?

Most insurance adjusters have between 100 and 300 pending files at any given time. The response time on demand packages varies greatly between insurance companies and individual adjusters. As a general practice, in our demand package we send a prepared 10-104 in District Court cases, and requests for admissions with our Circuit Court cases. It takes a little extra time to prepare the pleadings but will get the attention of your adjuster. In our demand package we ask the adjuster to call us within 10 days of receiving the demand package. If we do not hear from the adjuster within 10 days, we will call to confirm that they have received it and ask how long they need to evaluate the case.

Why do you need a recorded statement from an adjuster?

Most adjusters will tell you that they need a recorded statement from your client to firm up liability or to assess credibility. Providing a recorded statement rarely results in a finding in your favor on liability, nor will the adjuster fall in love with your client over the phone and offer more money.

How to read subpoenas before trial?

Before your trial, read through the entire file, including the records that you think are just duplicates of what you already have. When a defense attorney subpoenas records from your client's health care providers, past employers and insurance companies, he or she is trying to dig up dirt. Read every page of what they get in response to those subpoenas; chances are they got more than you did when you sent your request .

How to get your auto clients in for physical therapy?

How do you get your auto clients in for physical therapy? First, that is the wrong way to frame the question. First, see if they can find their own doctor. That is hard sometimes because injured clients often need someone who will not require payment up front. So this forces many to refer their clients to a doctor who regularly handles accident cases. It is not the first choice in most cases. But if you live in the real world, it sometimes is the best play for your client.

When do you file suit for personal injury?

As a rule, we file suit as soon as settlement negotiations fail. In some personal injury accident cases, the carrier will call you back after you have obtained service on the defendant and increase their offer now that your case is in suit. It is good to keep track of which insurance companies do increase offers post suit and which do not. In some cases, we file suit contemporaneously with sending our demand package for this very reason. You can get a sample demand letter here.

Why doesn't my attorney understand my case?

This might be due to the lawyer being new to the practice, venturing outside his or her primary area of expertise , or just not being as sharp as you'd like.

What to do if your lawyer doesn't understand your goals?

If you feel that your lawyer simply doesn’t understand your goals and aspirations, you are not obligated to continue to the relationship . If, upon reflection, you think you have a valid beef with your attorney, first talk to him or her about the problem.

How does changing lawyers affect your case?

Will changing lawyers be detrimental to my case or legal issue? Changing a lawyer in the middle of an active litigation is like changing pilots in the middle of a flight. It will take time for the new attorney to get familiar with the file, particularly if the case is complex. In addition to potential delays, this process might also cost you money, since your new attorney will bill you for the time spent performing that review and getting up to speed. Also consider the immediate state of your case. Is there an upcoming appearance, hearing, or motion deadline? If so, your new attorney might not have time to adequately prepare.

Why do lawyers earn a living?

Lawyers depend on their legal fees to earn a living, so most attorneys are motivated to do a good job and make their clients happy.

What is an unprofessional attorney?

The attorney is unprofessional. For example, the attorney wastes time in meetings, does not appear to be prepared for court, seems very disorganized, or in the worst-case scenario, seems to be mishandling your funds or documents. The attorney does not communicate with you.

What to do if you haven't paid your attorney's fees?

If any fees were paid in advance and the work hasn't been done, ask for a refund of the fees. Also, ask for an itemized bill listing all pending fees and expenses. If yours is a contingency case, your new attorney will pay your old attorney from any money that you ultimately recover.

What to do when you meet with a new lawyer?

If you are a party to litigation, confirm that your new lawyer will notify the court as to your change in representation. When you meet with new lawyers, don’t bad-mouth your old one. Remember, the legal community can be small, and you may be speaking about someone’s close friend or former colleague.

What is required of a defendant?

Most likely, as the defendant, you will be asked to provide and help prepare documents and relevant background information. You may also be asked not to speak to witnesses or do any legal work of your on.

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.

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.

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.

How long does it take to get a resolution?

The amount of time it takes to get a resolution can vary widely from case to case. And while your attorney cannot control the pacing of the legal process, he or she should be able to provide you with an estimate of how long the process will be for your case based on the possible strategies used. Having an idea about the time frame will help you to prepare for the process you are facing.

Can you ask questions about a criminal case?

You should be able to get ahold of your attorney to ask any questions you may have as they arise.

What should an experienced criminal defense attorney do?

However, an experienced criminal defense attorney should be able to analyze your case, talk about the possible legal outcomes, and predict what is likely to happen in your case. Keep in mind that there is a big difference between an attorney who guarantees an outcome and one who predicts what is likely to happen.

What to tell your lawyer about your arrest?

Be prepared to tell your lawyer about any police interaction that you had prior to your arrest, during your arrest, and while you were detained. Providing your lawyer with a detailed account of your experience is very important because if the police violated your civil rights your lawyer may be able to get your charges dismissed, even if you are guilty. Therefore, it is a good idea to ask your lawyer during the initial consultation if they think that your civil rights were violated in any way.

How to pick a criminal defense lawyer?

Picking a criminal defense lawyer who has experience representing clients who have been in your position is very important, as these attorneys are already familiar with this area of the law and will be able to hit the ground running. Also, keep in mind that not all criminal defense lawyers have experience representing the same types of defendants. For example, if you are facing murder charges a criminal defense lawyer who has been practicing law for 10 years representing DUI defendants probably is not as well equipped to represent you as an attorney who has been representing murder defendants for the past five years. Don’t be shy – ask your lawyer how long they have been practicing criminal law, what percentage of their cases involve clients facing the same charge as you, and any other question that will help you judge how much experience they have handling your type of criminal case.

Why is it important to retain a lawyer?

Apart from hiring a lawyer who is experienced, professional, and knowledgeable, it is also very important to retain a lawyer who you trust and have confidence in. By simply asking the attorney sitting across from you why you should hire them you are giving them a chance to sell themselves to you and hopefully their response will inspire confidence. It is very important that you have confidence in your attorney’s abilities and trust them because this will enable the two of you to work together to build the best legal defense possible.

Do lawyers have to disclose conflicts of interest?

For example, the lawyer that you are interviewing may have a conflict of interest if they are already representing the co-defendant in your criminal case. Even though your lawyer is required to disclose any conflict of interest to you it is still a very good idea to ask this question during your initial consultation.

Can an attorney be sanctioned for misconduct?

You may feel slightly awkward asking this question but it is important that you do. You have a right to know if your attorney has ever been sanctioned for attorney misconduct, and while you can obtain this information from your state bar association asking your attorney about any misconduct in person gives them a chance to explain the circumstances surrounding a violation.

Can an attorney advise you not to speak to the press?

For example, your attorney may advise you not to speak to the press or to witnesses involved in your case. Following your attorney’s advice regarding these types of matters can make a big difference in your case. 3.

What Do Criminal Lawyers Do?

Criminal cases usually involve a prosecutor, a defendant and a defense attorney. A criminal lawyer is also sometimes called a defense attorney. These lawyers can be hired by the defendant or appointed by the court to represent the defendant.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What Do Probate and Estate Planning Lawyers Do?

Probating a will includes distributing property after a decedent, or individual who passed away, under court supervision. Guardianship is when an adult is appointed by the court to care for a minor child or a minor child’s property, such as a trust fund. Emancipation occurs when a minor child is granted certain rights of an adult, such as signing contracts. Conservatorship occurs when an adult is appointed to care for another adult who cannot care for themselves.

Where Can I Find the Right Lawyer?

LegalMatch.com is a fast, free, and confidential online platform to help you find the right lawyer for your case. LegalMatch.com provides attorney-client matching services based on the type of case, type of lawyer needed, and your location.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.