what questions would a defense attorney ask

11 Questions to Ask Your Criminal Defense Attorney

1. What is your background in law? You should always ask an attorney about their background in law. You should know why...
2. What is your success rate? Your criminal attorney needs to be able to tell you what proportion of their cases is...
3. Can you explain recent cases and their results? A good way to get to know...

Full Answer

What questions does the defense attorney ask?

Jul 26, 2019 · 15 Questions To Ask Before Hiring a Defense Attorney 1. How long have you practiced criminal law? When it comes to defending a client in a criminal case, experience is key. 2. What are your educational and professional credentials? Just as you would do when hiring anyone else to do a job, you... 3. ...

How to be a good defense attorney?

Aug 03, 2021 · What are my obligations? Ask your attorney what your obligations are for your case. In some cases, you may be expected to provide your attorney with various documents that will help them build a case. You will likely need to disclose various things that you feel uncomfortable about to your attorney.

What are good questions to ask an attorney?

Jun 22, 2020 · 11 Questions to Ask Your Criminal Defense Attorney 1. What is your background in law? You should always ask an attorney about their background in law. You should know why... 2. What is your success rate? Your criminal attorney needs to be able to tell you what proportion of their cases is... 3. Can ...

What are the responsibilities of a defense attorney?

Feb 08, 2018 · To get prepared, below are a few questions to ask your defense attorney in advance. Pre-Trial Questions for Your Defense Attorney 1. Have You Argued a Case Before This Judge? Procedures may differ slightly from one county to another, and each judge has their own preferences for running their courtroom.

What questions do lawyers ask?

What Questions do Lawyers Ask Their Clients?What is your case about? A lawyer will want to know every single detail of your case. ... What do you hope to accomplish? ... How do you want us to communicate? ... Why did you choose me? ... Are you comfortable with my rates?Nov 28, 2019

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 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.

What are some direct examination questions?

Say This: “What, if anything, did you observe?” or “What part of your body bothers you?” This will force a witness to spell out each answer. Avoid This: “Did you see the accident?” or “Does your back hurt?” Both will only elicit a yes or no response and the latter question might be considered as leading.May 25, 2020

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 three arguments for a valid Defence to a crime?

The accused can respond and present a defence to the charges. Accused persons can put forth three possible arguments: They can deny that they committed the act, disputing the • actus reus. They can argue that they lacked the necessary criminal intent or guilty • mind, disputing the mens rea.

What do you say when you don't want to answer a question in court?

If your answer was not correctly stated, correct or clarify it immediately. Don't say, "that's all of the conversation" or "nothing else happened." Instead say, "that's all I recall" or "that's all I remember happening." It may be that after more thought or another question, you may remember something important.

How do you prove a witness is lying?

Thereafter, you can focus on the thought process behind telling the lie. Comparing or contrasting different choices can be a great way to get a witness to explore the reason why they told a lie....The right way to prove someone lied in courtDeceive.Fraudulent.Obstruct.Manipulate.Tell less than the truth.

What do leading questions do?

Leading question is a type of question that pushes respondents to answer in a specific manner, based on the way they are framed. More than often, these questions already contain information that survey creator wants to confirm rather than try to get a true and an unbiased answer to that question.

What constitutes a leading question?

As indicated by the term, a leading question is one that leads a witness to an answer, by either suggesting the answer or by substituting the words of the questioning attorney for those of the witness.Jan 28, 2019

How do you answer a lawyer question?

Tips for Testifying Lesson 2: How to Respond to Questions on the...Do Not Exaggerate. ... Explain your answer if necessary. ... If your answer was not correctly stated, correct it immediately. ... Don't get flustered by inconsistent testimony. ... Keep it to yourself. ... Give positive, definite answers when at all possible.More items...•Mar 3, 2014

What questions do they ask a character witness?

A majority of courts hold that the prosecution may not cross-examine a defendant's character witness by asking whether his or her opinion of the defendant would change if the defendant were guilty of the crime. The prosecution also may not ask whether the witness is aware that the defendant is guilty.

Will you personally be handling the case?

Large law firms typically have multiple attorneys, paralegals, legal assistants, and others working on a single case. However, when too many people are handling the case, this can leave the defendant wondering who is actually in charge. Make sure that the attorney that you speak to will be the one handling your case and representing you in court.

How often do you make court appearances?

Feel free to ask how often a prospective attorney takes cases to court. Many criminal defense attorneys regularly settle cases through plea deals and have very little courtroom experience. You want to make sure that you have someone who can take your case all the way to court if necessary.

Do you have experience handling cases like this one?

Ask if the attorney has experience handling cases like yours. Criminal defense law is vast, and if you have a relatively complicated or unique case, you need to make sure you have an attorney who has handled a situation like yours.

How long have you been handling criminal defense law?

Feel free to ask an attorney how long they have been handling criminal defense cases. There is nothing wrong with hiring a brand new attorney, but your situation may require nuance developed over years of practicing law.

What are your legal fees?

You need to know how much your attorney is going to charge for their services. Your attorney will not begin working on your case until after they have received some type of payment and a fee arrangement has been arranged. Some attorneys work on a flat fee basis, while others work on an hourly basis.

Are there any other fees you are responsible for?

You need to ask an attorney if there are any other fees that you may be responsible for if your case goes to trial. In some cases, it may be necessary to hire experts to testify, and these experts are not cheap. Additionally, costs money to file complaints, briefs, and motions.

What will you do to help with the case?

You can ask an attorney specifically what they are going to do that you are not able to do. Please understand that it is incredibly difficult to represent yourself in a criminal case, but you need to hear from your attorney how they will proceed forward, mainly so you can understand the complexity of what is going to happen.

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.

Introduction

If you have to file a criminal appeal, you already know that you need to hire a criminal appeals lawyer. But how do you find the right one? With so many lawyers making many promises to you, it’s important to know which questions to ask a criminal defense appellate lawyer.

Questions to Ask Criminal Defense Appeal Attorney: The Financial Aspects

Many lawyers offer a free consultation, during which you will have the opportunity to present the details of your case. After speaking with you and reviewing the details, they should be able to give you an idea of how they would handle the case and their fees.

Questions to Ask a Criminal Defense Appellate Lawyer: How Your Case Will Be Handled

When compiling your questions to ask a criminal defense appellate lawyer, you should be aware that the lawyer you hire won’t be the only one working on your case, and you want to know who else it might be. Will it be you or will it be turned over to a case manager, junior lawyer, or another assistant?

Questions to Ask Yourself

A criminal appeal is stressful enough by itself; you don’t need to feel insecure about the decision to hire your lawyer and wonder all along if you made a good or bad choice. Do some serious soul-searching before signing anything binding.

Hire the Best by Asking Good Criminal Defense Appeal Attorney Questions

By starting with the above questions to ask a criminal defense appellate lawyer, you can be sure that you hire the best lawyer to handle your case.

What does it mean to be a criminal defense attorney?

Criminal defense attorneys have a uniquely challenging job, as their work requires putting in a great deal of effort for a person who may or may not be guilty of a crime. If your criminal defense attorney does not presume your innocence of the charges, they may be setting your case up for failure. In the case that you need to plead guilty and receive a plea bargain, your attorney still needs to treat you with fairness and respect.

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.

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.

Can a defense call a defendant to the stand?

In criminal cases, only the defense can call a defendant to the stand, but whether or not testifying may be in your best interests depends on a number of factors specific to your case.

Can you go to trial in a civil case?

Most criminal and civil cases are settled through a plea agreement; but, in some situations, you may have no choice but to go to trial. Courtroom proceedings are always stressful, especially if your future is at stake. Knowing what to expect beforehand can provide some peace of mind and help you make better decisions. To get prepared, below are a few questions to ask your defense attorney in advance.

General questions

These questions help a hiring partner get to know you a little more by understanding your passions, interests and how you may fit into the firm's culture:

Questions about experience and background

These questions help an interviewer understand how your education and previous experience translate to the role:

In-depth questions

An interviewer may ask these questions to get to know how you build a relationship with clients and navigate court issues. These questions also give you a chance to explain your processes and display the parts of your personality that make you the right candidate for the role.

Sample interview questions and answers

Review these sample interview questions and answers to form your own responses:

Law firm interview tips

Here are some interview tips to consider so you can present yourself well to the hiring partner:

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

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 ...

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 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.

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 process of a civil case?

In civil cases, your lawyer might propose mediation , a settlement negotiation process involving a neutral third-party. Other times, arbitration might be an option. Arbitration— using a private service to adjudicate a dispute—is a less formal, less costly, and faster way of getting a decision in some civil matters.

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.