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Questions Not to Ask a Criminal Attorney

If you're arrested for a theft, driving under the influence, drug charge or other crime, it is often hard to know what questions to ask a criminal defense attorney.  This is the first in a series of articles designed to answer the question of what not to ask.

*What is the worst thing that can happen?

Be prepared to be horrified if you ask a criminal attorney this question. This is because jail time is usually a possibility in all criminal cases.  A first offense DUI could conceivably net 6 months in jail.

A better question: What could realistically happen?

This question may get you an answer that is more applicable to your case and won't cause you to have a seizure!

When charged with any violation of criminal law, including theft, DUI, hit and run, reckless driving, shoplifting, assault and battery, domestic violence, robbery, burglary, vehicular manslaughter, a drug offense, a sex offense or a weapon offense, it is crucial to discuss with prospective defense attorneys the extent of his/her criminal jury trial experience.

This information is important even if the client does not intend to proceed to trial in that an attorney can only analyze the strengths and/or weaknesses of a particular case effectively if he/she has tried cases in front of a jury and knows the likely chances of success with various defenses. 

All experienced criminal defense attorneys have seen young, inexperienced lawyers improperly negotiating cases with prosecutors.  Prosecutors, particularly those assigned to felonies, are generally experienced trial attorneys so, when an inexperienced attorney attempts to put forward a defense that is extremely vulnerable, and the prosecutors knows it through experience, little can be gained for the client.    

An attorney cannot effectively advise a criminal defendant without having the proper experience at every phase of the criminal justice system, including the trial stage.  Again, experienced attorneys often see inexperienced lawyers instruct clients to plead guilty when a good defense exists or talk clients into trial on an unwinnable case. 

There is no substitute for experience.            

The importance of hiring a criminal defense attorney who is thoroughly familiar with the local court system cannot be stressed enough. 

In retaining counsel for a petty theft, DUI, hit and run, assault and battery, domestic violence, drug charge, probation violation or any other criminal offense, his or her knowledge of the local court system is vital.  There is an old criminal law expression: “Not only is every courthouse different, but every courtroom in every courthouse is different everyday!”  Although this may be a little extreme, there is more than a grain of truth in it.

On any given day, courtrooms are closed, judges are moved and cases are transferred.  Without up-to-date knowledge of the judges as well as the assigned prosecutors, a criminal defense attorney cannot expect to know the actual exposure his client may face. 

In order to determine the best course of action for a criminal defendant, the criminal attorney must know how each particular court in each courthouse may treat alternate sentencing, treatment programs and the like.                 

When seeking legal representation, cost is always an important concern. 

There are numerous factors a criminal defense attorney considers when charging a fee. 

First, is it a felony or a misdemeanor ?  Felonies are more serious crimes, generally carry greater penalties (i.e., incarceration) and are certainly less attractive on one’s rap sheet.

Second, what court has the case been assigned to?  Whereas some distant counties may cost more strictly due to travel time, some attorneys may also charge a higher fee to go to a court in which they have never appeared or simply dislike. 

Third, what type of charge is involved?  Is it a DUI, Hit and Run, Theft, Assault, Domestic Violence, Drug Offense, etc?  Some charges are more complex and time-consuming.  Additionally, some attorneys are more experienced, and thus more comfortable, handling certain types of cases.

Lastly, is the case likely to go to trial?  Most criminal cases do not proceed to trial, but rather are resolved by way of various dispositions, other than trial.  Nonetheless, reaching such a disposition may require 1, 2 or 20 appearances…the more appearances, the greater the cost.

These are but a few of the many factors an attorney must consider when quoting a fee.