Odds are you are reading this because you have recently been arrested or you know the police are investigating something you allegedly did. You start thinking, “I need a criminal lawyer”. It is most likely the first time you have needed a criminal defense lawyer, and you may have little experience with any lawyers. You are probably nervous or aggravated (or both) about what comes next.
You need a criminal lawyer but aren’t sure how to hire one. Instead of searching online for “I need a criminal lawyer.” There is a better way to hire a lawyer than that, and this article will cover what to look out for when you think, “I need a criminal defense lawyer.”
Here is how not to do it, along with some tips on finding a lawyer to help you.
Don’t hire an attorney for your criminal case unless most of their practice is criminal defense. You do not want a dabbler. (Would you hire someone who dabbles in dentistry for a toothache?) You want someone at the criminal courthouse who regularly deals with cases and issues like yours.
Most criminal defense lawyers handle all types of cases. The same court system, judges, prosecutors, Rules of Criminal Procedure, and Rules of Evidence apply to all criminal cases – from DUI to Drug Possession to Murder. Your constitutional protections are the same in all cases. A good lawyer can spot a search and seizure issue in any case. And with a few years of practice, most criminal defense lawyers will have handled a case similar to yours or something close to it.
Some attorneys limit their practice to distinct areas. For example, you need a federal criminal defense attorney if you have a federal case. A few attorneys focus on traffic tickets or DUI, though most criminal defense attorneys handle their fair share of these cases. But for the most part, a criminal case is criminal, and you are not looking for a specialist to handle your charge.
Here are a few things to consider when picking the right lawyer for your case.
Don’t go it alone. Consider starting your search by asking a trusted friend or a family member for a referral. Or, if you know an attorney, ask them. Attorneys know the top criminal defense attorneys in town and can point you in the right direction.
It can be embarrassing to ask for help with a criminal matter, but you must put that aside. We all know no one is perfect, and we all need help from professionals occasionally.
Don’t hire a lawyer based on advertising or their website. You can get a lot of information on the Internet these days - some of it is good and some bad.
Mailers and advertisements can provide you with some leads. But searching for the right attorney for you should not be based solely on the Internet and ads.
The truth is that some good lawyers advertise, and some advertise those who are not good. While Florida Bar Rules have relaxed over the years, they are still relatively restrictive, and most attorney ads look the same. Most criminal defense attorneys are available 24 hours a day, are former prosecutors, belong to the local Bar association, and can find a photographer who makes them look decent.
Don’t hire a lawyer just because of an ad or what you see online. After reviewing the ads and information, if you see someone you think would be a good fit, call their office for an appointment and talk to them.
Online reviews can help you weed out some attorneys with consistently bad reviews. Look for statements about failure to return calls or complaints about keeping the client informed. Also, look for reviews about the attorney’s communication abilities and how they handled the case.
And don’t be alarmed if there are only a few reviews. Most folks don’t like to say on the Internet that they know a criminal defense attorney. They want to keep these matters quiet, especially cases successfully resolved with dismissal and sealing. So, reviews can be helpful, but they should not be your sole factor.
As stockbrokers say, past results do not predict future results. Don’t pick a lawyer based on their past results.
Past results may be helpful to show that your case is the type the attorney handles, but it doesn’t reveal much else.
Sometimes, looking at past results can be deceiving. Take, for instance, an attorney who has a lot of trial wins. That is a sign of a great attorney. But consider what may be going on behind the scenes. Perhaps that attorney is not liked or respected by the State Attorney (rightly or wrongly), and the State refuses to make any deals with him. That puts the clients of that attorney in a position where they have to try their case to get any relief, where another attorney could have negotiated a deal without the cost, time, and stress of a trial.
Ask them about their processes instead of talking to a potential attorney about their results. Look for an attorney who can give you details about how they handle cases from start to finish.
Experience is significant, and yours is not the case for someone to learn. Don’t hire a lawyer with less than five years of criminal defense experience. Why five years? Popular science says you need 10,000 hours of practice to become good at something (2,000 hours/yr X 5yrs=10,000). And the reality is you want someone who has seen a case like yours before and knows firsthand the options for resolution.
It is vital to look at the total experience. It is important to look at the reputation the attorney built through those experiences.
Don’t hire a lawyer because they were a former prosecutor. Most criminal defense lawyers are prosecutors, but it is not a requirement to be effective.
Is there a value to having worked at the prosecutor’s office? Sure. It gives an attorney insight into how filing decisions are made and where there may be opportunities to defend a case. Learning how to build a case as a prosecutor is an excellent experience for figuring out how to take a case now apart.
However, just because someone worked as a prosecutor does not mean they are a better criminal defense lawyer. Some attorneys are former prosecutors who were poor and are now poor defense attorneys. Some folks left the prosecutor's office on bad terms. Some attorneys left just to make more money.
As for former prosecutors, there are two warnings. Don’t hire someone who left the prosecutor's office before 3 years. Generally, there is a “gentleman’s agreement’ to work at the State Attorney's Office for at least three years, and those who leave earlier may not be treated very well for breaking that agreement. Second warning: be skeptical of a defense attorney who has worked for over 10 years at the State. After investing that much time there, they probably left because something went wrong at the office or they wanted to make more money. Look for an attorney with that sweet spot of experience. Someone who got the experience needed at the State but had the true calling to do defense work.
Now, I am a former prosecutor. I am a better defense attorney because of that experience. I learned how to try cases there. But that was 20 years ago, and I have learned more about working as a defense attorney and how to best counsel and help clients.
Don’t hire a lawyer because they say they “know the – prosecutor, cop, and judge.” Every lawyer who focuses their practice on criminal law knows these folks. And good criminal defense lawyers don’t talk like this.
Was there a time when being buddies with the local sheriff got things done? Sure, but those days have come and gone. You are not going to get a good result because your lawyer “knows,” “has drinks with,” “plays cards with,” “golfs with,” or “used to be a prosecutor in the same division with” the prosecutor or judge handling your case. I have done everything with various prosecutors and judges, but I don’t think that will require special treatment for your case.
Don’t hire a lawyer unless most of their practice is criminal defense. Your attorney should have a volume of cases that has enabled them to build relationships at the courthouse. Having a relationship with people connected to the case doesn’t hurt. But it is the facts of your case, not these “connections,” which will drive the outcome. Having a personal relationship with these folks may help your attorney’s call get through, but that is about it. Judges and prosecutors are professionals who take their jobs seriously.
Criminal defense lawyers are more collegial than lawyers in other areas of law. The good ones help each other because we believe in a greater sense of justice. Reasonable criminal defense attorneys know how to be aggressive without damaging ethical relationships with prosecutors.
All reasonable defense attorneys have connections. However, more than their “connections,” your attorney's reputation makes them effective.
Don’t hire a lawyer that tells you what you want to hear. You need to listen to a lawyer who tells you your case's bad and good parts. It is better to hire a lawyer who has a challenging conversation with you upfront about the difficulties of your case than to hire a lawyer who creates false expectations and a worthless plan.
Don’t allow a lawyer to sell you hard. Usually, no emergency requires you to hire a lawyer right there on the spot. If the relationship feels right and you are comfortable, by all means, get started.
Don’t hire a lawyer who pressures you to decide immediately after your arrest. You usually have a little time to make a good decision. Getting started ASAP is essential, so don’t wait until the last minute.
There are a few questions you should ask if you are considering a particular lawyer-
Your lawyer should be able to communicate with you in a way that is comfortable for you. If you like sitting down face-to-face for a consultation, that's great. (That is the best way to hire a lawyer.) FaceTime, Skype, email, text, etc., would also be great. Communication is essential, so find a lawyer to communicate with you however you prefer.
I saved the money issue to last, and you should, too. We all have financial realities, and this situation may strain your resources. But, you need to consider the long term when making this decision.
Don’t hire a lawyer based on cost. The adage, “You get what you pay for,” is as true for lawyers as anything else. If not, more so. A bargain lawyer is not always a bargain.
Your legal situation is likely to have long-term consequences. Expect that good representation will cost money. A lawyer’s time and advice can be expensive, but they are worth it.
Now, if the case outcome will not affect you, long-term or short-term, you do not need a lawyer. You can go to court, take what is given to you, and move along.
But if you have a professional license (or plan to obtain one), change jobs, apply for school, apply for a loan, volunteer at your kid’s school, rent or buy property, or plan to do any of the other countless things that now require a background check, it makes sense to hire a lawyer.
Criminal defense lawyers usually charge flat fees and many offer payment plans. That means you agree on the amount of the cost to pay, and that’s it.
There is no hourly billing. You do not need to worry about having your bill run up. You don’t have to worry about calling your lawyer because you will be billed for the time of the call. You know how much representation is going to cost from the beginning.
Don’t be intimidated by discussing how the fees work; we like to keep it simple.
Don’t pay a trial fee unless your case gets set for trial. Less than 3% of cases go to trial, so paying for that in advance doesn’t make sense. Let’s see if we can get your case dismissed, reduced, or negotiated to a disposition you are happy with before we set your case for trial and charge you the trial fee.
Don’t start your consultation with a lawyer by asking how much they charge. Before we quote a fee, we need to learn about you, your case, and what you want to accomplish. Every client and case is unique, and while an experienced attorney has a good idea of the fee, it may be a little less or more depending on the client and facts.
Don’t be late for your meeting with your lawyer. Come prepared, bring any paperwork you have, and be on time. The easier you make it for the attorney, the less the fee will be.
Don’t negotiate the fee. Lawyers set their fees based on what they anticipate the work being. You have a problem, and they are charging you what they anticipate it will take to fix it. You want them to be able to fix your whole problem, not some percentage of the problem.
The nice thing about flat-fee agreements with criminal defense attorneys is that they remove money from the equation and let you focus on the real issue—resolving your case as effectively as possible. Now that we have addressed money let's understand what you should consider.
True to the title, we have discussed how not to hire a criminal defense lawyer. Usually, I prefer to communicate in favorable terms. So, let’s look at the tips you should use when hiring a lawyer.
This decision is never easy. But because of its importance, you must research, talk to the attorney or attorneys you think may be good, and make an educated decision.
Take control of your future with The Denson Firm by following these essential steps. Start your search for a trusted criminal defense attorney today, and let our experienced team secure the best possible defense for your case. Contact us today!