How to Hire a Criminal Attorney

What to Ask a Lawyer During Your Consultation

When it comes to what to look for in an attorney, one of the most important things is that you feel confident in his ability to handle your case —you don’t want to have to hire a new lawyer later on. But for many people who have been charged with a crime, it can be hard to know what to ask during your initial consultation to help ensure you find the best legal representation. Be sure to ask a prospective lawyer questions like these to get a good idea of his experience and expertise.

What’s Your Background Like?

Be sure he covers his education, work experience and how long he has been practicing law. You may also want to ask the attorney questions about volunteer work, awards or any professional organizations he may be involved with.

When it comes to my background, I graduated from the top-ten ranked University of California Berkeley Law School. I have been practicing in the Vista courts for over 35 years and over that time, I have tried and handled every type of criminal case from DUI to Capital Murder. I teach young lawyers trial skills at the National Institute for Trial Advocacy (NITA). Before starting my private practice over 20 years ago, I was a Legal Aid lawyer and public defender for 15 years including Assistant Supervising lawyer for the Vista office.

What Type of Cases do you Handle?

Good attorneys shouldn’t practice divorce law, personal injury law and criminal law. The criminal justice system is simply too complex for someone to handle all types of crimes along with other these other legal specialties.

How Many Cases Like Mine Have you Taken?

It’s important to ask a prospective defense lawyer in your area about what kinds of cases they take. You want to know that an attorney handles a decent amount of cases like yours -for example, if 90% of their case load involves DUIs, you probably don’t want to join in with the 1% of fraud charges they’ve helped fight. It’s worth noting though that some crimes are more common than others, so if you’re fighting treason charges, don’t be surprised if a defense attorney has only represented one or two other clients against the same charge.

What are the Maximum and Most Likely and Sentences I Could Face?

Often people think they are going to be sentenced to the maximum punishment the law allows, when that is rarely the case, which is why you should ask a potential questions about what you should expect realistically.

There are also often additional consequences for certain crimes like DUI and Domestic Violence which are best explained by lawyers as they can sometimes be confusing. The important point is the attorney should understand the variables which go into determining the outcome of a case and range of penalties. He may also be able to tell you if those convicted of the crime are ever given the option of alternative sentencing.

Is there Anything I Should or Shouldn’t Do?

Lawyers generally don’t give legal advice online or over the phone, but at your initial consultation, they will often be willing to advise you on what they think you should do in your situation. Sometimes your lawyer may advise you work with the victim to make restitution, for example, if you’ve been accused of vandalizing a business, they may suggest you voluntarily repair for the damage or pay to fix it. Other times he may urge you to avoid talking to anyone, including the victim, about the case. Occasionally, you may want to start attending anger management or drug treatment programs as soon as possible.

It’s important to know what your attorney may ask of you as soon as possible so you won’t have any conflicts about these issues later on. After all, if you are going to be unwilling to seek treatment prior to being convicted for a crime, you don’t want to work with someone who assumes this won’t be a problem for you.

Who Else Will be Working on my Case?

If you are working with a large firm, the attorney you speak with at your consultation might not even be the one that handles your case. Always ask the attorney questions about who, specifically, will be working on your case and see if you can meet and evaluate them as well. When it comes to solo practitioners like me, the lawyer you meet with originally will be the same one handling your case every step of the way.

How Much do you Think this Will Cost and What Payment Methods do you Accept?

It’s worth noting that while fees may go up if the case drags on or if you and your attorney later agree to hire expert witnesses or private investigators, an honest lawyer should be able to give you some sort of estimate at the start of your case. Additionally, most people will find paying for their attorney easier if he takes credit cards.

How can I Contact You?

You don’t want to be left in the dark with your case. A good attorney should give you contact information so you can talk to him whenever necessary. He should also be readily available and willing to return your calls as needed, even on weekends and holidays.

How Long Will This Case Last?

Again, this estimate may vary based on factors that arise later on, but based on the information you provide during the consultation, he should be able to give you at least some sort of general estimate.

Keep in mind this is a generic list of questions to ask a defense attorney that could help anyone accused of a crime in San Diego County. If you have any questions that are specific to your situation, don’t forget to ask those at the consultation as well.