Choosing Your Defense Lawyer
When you are facing serious consequences, such as jail, fines, or probation, you can't afford not to have a lawyer with experience, knowledge, and a stellar reputation with the courts, judges, and prosecutors sitting next to you in court.
The first priority for anyone recently released from jail on a cash or signature bond is to prepare for the next court date. Some event occurred that resulted in an arrest. An arrest occurred because evidence existed to substantiate a crime was committed by the person arrested. That evidence will be sitting on the other side of the courtroom in the very near future.
The best way to prepare for your next court date is to immediately contact a very experienced criminal defense lawyer as soon as possible; the sooner you involve your attorney in your case, the better your chances for a successful defense. If you are under investigation, or if you have been arrested but have not been charged yet, you should consult with an attorney right away and ask if it is possible to have the charges dismissed.
With so many lawyers out there, you may be wondering how to choose a criminal defense lawyer for your immediate needs. Perhaps the single most important criteria in choosing the right criminal defense lawyer for you and your situation is “trust.” Considering that this may be your very first contact with or need for a criminal defense lawyer, how can you possibly know which one to trust?
Here are some things to look out for:
DO pick an attorney that practices criminal law
Whether or not your particular case will be settled through a plea bargain or headed for trial, it is vital to choose an attorney who is knowledgeable in criminal law and is able to try your case in front of a jury. Lawyers who have no experience defending criminal cases won’t have a comprehensive understanding of the rules of evidence, will have difficulty identifying the weaknesses and strengths of your case, and will have little credibility to negotiate a good deal for you.
DO steer clear of lawyers that guarantee a result
If you consult with a lawyer who promises you certain results—particularly before he’s even evaluated your case—immediately cross him/her off your list. Criminal law is complicated and every case is unique. There are no guarantees or simple answers. Any attorney who makes promises to obtain certain results in a criminal law case is not worth your trust.
DO choose a lawyer that can clearly explain your situation and your legal rights
Your lawyer should be able to simply and clearly explain the criminal charges against you, what they entail, your legal rights, what prosecution has to prove, and how evidence can be used against you in court. Your criminal law lawyer should also explain the possible consequences you may face for your charges. And remember, a lawyer should always be direct, honest, and to the point, rather than promising that you will “win your case.”
DON’T bargain shop for a criminal lawyer
While an affordable attorney is a legitimate concern, it should never be the main priority. There are too many things at stake and you need the best attorney who can ensure your rights and interests are fully protected every step of the way. Attitude, compassion, and experience are very important when it comes to choosing a criminal law lawyer.
Many lawyers will quote a flat fee, but this fee is not just for the hours they may work on your case. You are also paying for their skills, experience, and qualifications. Fees are often based on the difficulty of the case and the amount of time the lawyer and staff spend researching and preparing. Expect a larger fee if your case is expected to go to trial.
DON’T be scared to discuss lawyer fees
You have a right to know how much a criminal law lawyer will charge you before deciding to hire him or her. The lawyer should be able to tell you during the initial consultation how much the services will cost you.
DON’T choose a lawyer that can’t answer your questions or address your concerns
Does the lawyer answer all of your questions using language and terms that you can understand? Does he/she return your phone calls and spend time with you going over your case? Are you frequently updated on the circumstances surrounding your case? A good criminal law lawyer should be able to provide you with all of the above services and make you feel relaxed and at ease. If you experience a bad feeling with one lawyer, seek the assistance of another one.
Remember:
Every person who is arrested is innocent until the state proves their guilt of the crime they are charged with beyond a reasonable doubt. The process of proving guilt beyond a reasonable doubt takes place in a court which has jurisdiction and usually with a jury present. In bringing its case to court, the state must closely follow the rules of criminal procedure to ensure the constitutional rights of the accused are not repressed. Having a criminal record and in some cases taking away a persons freedom and imposing serious fines are very serious consequences if you are convicted. Lowell J. Kuvin is a lawyer you can trust; a lawyer who will be there through the entire process.