what questions should you ask a defense attorney

7 Questions you need to ask your Criminal Defense Attorney (to ensure a good defense)

• DISCOVERY -- EVIDENCE -- INVESTIGATION Has your lawyer obtained and reviewed all "Discovery", including: police reports,...
• CLIENT ACTIONS - What should you do? Sometimes there are steps you can (and should) take which will dramatically lessen...
• STRATEGY What is your lawyer's prelimin...

Full Answer

What questions does the defense attorney ask?

Dec 14, 2010 · 7 Questions you need to ask your Criminal Defense Attorney (to ensure a good defense) DISCOVERY -- EVIDENCE -- INVESTIGATION Has your lawyer obtained and reviewed all "Discovery", including: police reports,... CLIENT ACTIONS - What should you do? Sometimes there are steps you can (and should) take ...

How to be a good defense attorney?

If you have been arrested and charged with a crime, you need to contact a criminal defense attorney as soon as possible. Criminal defense attorneys can help you understand the charges against you, advise you on how to plead, and represent you in court. If you are considering hiring a criminal defense attorney. Information can […]

What are good questions to ask an attorney?

Get Legal Help Today. If you are under investigation or have been charged with a state or federal offense in North Carolina, call the Law Offices of Keith A. Williams, P.A., today. You can reach my Greenville office at 252-565-4661 or via email. See us in the News. & Recent Publications.

What are the responsibilities of a defense attorney?

Apr 09, 2015 · Ask a few questions about the lawyer's view of your case or situation. Five: What are the likely outcomes in my case? Lawyers are not fortune tellers. They should never guarantee a specific result. However, they should be able to give you a frank preliminary assessment of how your case is likely to play out. Six: What will the fees and expenses be?

What are some good questions to ask a lawyer?

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...•Jan 29, 2017

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)

Do defense attorneys want to know the truth?

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.

What are five things you should ask your lawyer?

Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•Apr 13, 2018

What are the 7 procedural defenses?

Some common procedural defenses are entrapment by the government, false confession by witnesses, falsified evidence, denial of a speedy trial, double jeopardy, prosecutorial misconduct, and selective prosecution.

What are the 4 defenses to a crime?

When it comes to criminal cases, there are usually four major criminal defense strategies that criminal attorneys employ: innocence, constitutional violations, self-defense, and insanity.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

Do lawyers have to defend the guilty?

A lawyer must provide a vigorous defence regardless of the crime their client is accused of or the evidence against them. The criminal justice system is built on the concept of a person being presumed innocent until their guilt is proved “beyond a reasonable doubt”.Jan 27, 2022

Do defense lawyers believe their clients?

Defense lawyers are ethically bound to zealously represent all clients, including those they believe will justly be found guilty, as well as those they believe are factually innocent.

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.Oct 28, 2020

What do most lawyers charge for a contingency fee?

Typically the contingency rate free ranges from 33%-45% of the recovery. A contingency fee agreement is a payment arrangement that enables injured victims pursuing legal recourse to have legal representation, even if they do not have the financial ability to pay a lawyer out of pocket.Aug 3, 2021

How do you tell your lawyer what you want?

Practice telling your attorney exactly what you want, and don't be afraid to ask questions....Your lawyer should be happy to answer all of your questions.If you don't understand something your lawyer has said, ask for clarification. ... Ask your lawyer to explain the reasoning behind their advice.More items...

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 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 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.

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.

What is a criminal defense attorney?

Criminal defense is a difficult area of the law, but a qualified defense attorney will be able to handle your case fairly and put in the effort required to ensure that you are treated justly by the courts.

Should I ask an attorney about their background?

You should always ask an attorney about their background in law. You should know why they became a criminal defense attorney, the reasons why they feel that they are the best attorney for your particular case, and where their experience lies.

Is legal representation cheap?

Quality legal representation is not cheap. Most attorneys charge flat fees for their services. They sometimes set up a range of fees that you could be charged. Luckily, you will not need to pay your criminal defense attorney by the hour.

Can a law firm handle more than one case?

It is a good idea to know upfront whether your case will be handled by more than one person. Having an entire law firm’s services to rely on can make your money go further. A large law firm will have many different attorneys to handle your case, plus paralegals and clerks to help them.

How long does it take to get a case in court?

Depending on how much time it takes to gather the information for your case, and how heavy the caseload is at the courthouse, you could expect your case to take anywhere from a few months to a few years.

What happens when you are charged with a crime?

When you are charged with a crime, the police will provide evidence against you that proves your involvement. There are many different ways to dispute their charges based on how much information is available to the police and how you acted during the arrest process.

What happens when you hire a lawyer?

When you decide to hire a lawyer, the entire cost comes out of your pocket and it can be difficult to come up with all the money. Find out up front what the costs are that are associated with your case.

Do lawyers have to pay their fees up front?

You should also know when the payment will be due. Many lawyers require that you pay half of their fee up front, while others may allow you to make monthly payments.

What is contingency fee?

In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.”. This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

What should a lawyer review with their clients before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

How to discuss case strategy?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

What is a revocable trust?

A revocable trust (one that can be altered during your lifetime) does not avoid estate taxes that are applied by your state or the federal government. A special kind of living trust called an AB trust passes assets directly from one spouse to another and avoids estate tax. Living trusts do not pass through probate, ...

What is a living trust?

A living trust is a document that allows you to place assets into a trust during your lifetime. You continue to use the assets, but they are owned in the name of the trust. You name a trustee who is responsible for managing and protecting the assets in the trust. After your death, the assets in the trust are distributed to ...

What is a trust after death?

A trust is designed to function during your life and after your death. A will provides for the distribution of all of your assets upon your death. It only provides instructions for what will happen to your assets after you die.

Why are living trusts so popular?

Living trusts offer a variety of benefits, which is why they have become so popular. Living trusts allow your estate to avoid probate. By doing so you avoid the costs associated with having a will probated, but you also avoid the delay associated with probate. It can take months for a last will to be probated, but when you create a living trust, ...

Can you name yourself as trustee of a trust?

You can choose anyone or even a corporation as your trustee if you prefer. If you name yourself, you will need to name a successor trustee who can step up to manage the trust after your death.

Do you need a power of attorney for a living trust?

Living trusts have all of your assets already placed in the ownership and management of a trust, so that should you become incapacitated, they are already being handled for you. Most attorneys do recommend you also draw up a power of attorney which will authorize someone else to make legal and financial decisions on your behalf ...

Can a living trust include all of your assets?

Living trusts cannot include all of your assets since some are not eligible to be owned by a trust. The other problem with a living trust is it can only control the assets you specifically transfer into it, so if you forget to change ownership of something like a bank account, it won’t be covered by the trust.

How much does an estate lawyer charge per hour?

Depending on the lawyer and their firm, it could vary from a $100 per hour to $1000s per hour. Flat fee – These are an option for cases that are more predictable, such as the drawing up of an estate plan. If this is what they offer, make sure to ask whether or not there are services and expenses that aren’t covered.

What is the job of a prosecuting attorney?

Prosecuting Attorney – Prosecutes the case on behalf of the federal or state government, or a wronged party. Entertainment Law – Deals with issues largely related to Intellectual Property law, rights, royalties, and contracts. Environmental Law – Enforces regulations, statutes, treaties, or conventions according to state or federal laws.

What are the duties of a criminal defense attorney?

Criminal Law – Handles issues pertaining to individual liberty and behaviors that may be considered illegal under U.S. criminal codes.#N#Defense Attorney – Defend the accused of their crimes as is their constitutional right.#N#Prosecuting Attorney – Prosecutes the case on behalf of the federal or state government, or a wronged party. 1 Defense Attorney – Defend the accused of their crimes as is their constitutional right. 2 Prosecuting Attorney – Prosecutes the case on behalf of the federal or state government, or a wronged party.

What is statutory fee?

Statutory fee – Some forms of legal work have legally set fees involved. Once you’ve gone over payment, request an estimate of total cost. Although, in many cases, it’s impossible to give you an on-the-number appraisal, having a ballpark figure can help you determine if you can afford it and then budget accordingly. 6.

What are the common matters in family law?

Common matters in family law include divorce, custody, adoption, child welfare, child abuse, marriages, and civil unions. Real Estate Law – Encompasses issues pertaining to land or construction on property in relation to ownership, development, disputes, or tenant rights. Tax Law – Stay apprised with the most recent updates ...

Can a tax lawyer help with divorce?

If you’re going through a divorce, a tax lawyer won’t be of much help. So, although you can obtain the services of a general practitioner of the law, it’s often better to select the best fit for your case. 2.

Is a lawyer a generalist or a specialist?

1. Are you a generalist or a specialist? – Since the legal field covers a broad swath of industries and subject matters, it’s exceedingly rare to find a lawyer who’s well versed in several sects of law. Typically, as is the case for most professionals, they tend to specialize and focus on a specific legal field.