| How do I know if I need a criminal defense
attorney?
This may seem like an odd question,
especially if you have a court date or been recently arrested. It is important
as soon as you realize that you are or may become a target of a criminal
investigation to contact a competent criminal defense attorney. However, many people are contacted by the
police and do not realize they may be a target of a criminal investigation. Waiting
to consult with a lawyer until you are actually charged may put you behind in
developing your defense.
If you are facing jail or prison it
is crucial that you hire a competent criminal defense attorney immediately. Representing yourself in the criminal courts
is a right guaranteed by the United States Constitution. But, most people are unable to represent
themselves properly in a criminal matter because they face so many variables
and complexities.
Most criminal defense attorneys
prefer to start investigating a case as soon as the known there is a criminal
investigation underway.
What does a criminal defense
attorney do?
The work of a criminal defense
attorney is multifaceted. Skilled
lawyers do much more than legal research or argue before the court. Lawyers are also counselors who help you
understand the system of criminal justice, the criminal procedure, the actual
charges and penalties you may face.
A criminal defense attorney will
help you develop a strategy in dealing with your legal problem. A competent lawyer will investigate the case
before almost anything else. This
involves obtaining the investigative report from the police. It may include interviewing witnesses or
obtaining documentary evidence. In some
cases, the criminal defense attorney needs to employ a private investigator who
assists in finding witnesses and interviewing them.
A good criminal defense strategy
usually involves exploring a plea bargain by negotiating on your behalf with
the Prosecutor. If a case can be
resolved to your liking without the stress and expense of a public trial then
it is to the client's advantage to make a compromise with the prosecution.
Very important to your future are
the implications of any negotiated disposition of your case. Certain crimes carry penalties which are
administered by administrative agencies such as the Department of Motor
Vehicles. A competent lawyer will know
such possibilities and make you aware of them so you can make good decisions.
In every county there are local
customs and practices that a lay person with no experience in the criminal
courts would find difficult to understand.
A seasoned criminal defense attorney will know how to maneuver your case
to your best advantage using the system and the law.
The criminal defense lawyer is also
an advocate for you in developing a sentencing strategy should you be convicted
in the criminal court. This plan may
include having substance abuse counselors write evaluations of you and your
prognosis. It may also include having
friends, family, your religious advisor write a letter to the prosecutor or the
judge on your behalf.
Where
do I find a competent criminal defense attorney?
There are a myriad of ways to find
a good lawyer. Perhaps the best and most
commonly used way to find a good lawyer is to ask someone you know and trust
who they use as a lawyer for problems like yours.
You might be uncomfortable
consulting with a friend, your parents or grandparents about a lawyer. In that case, you need to take other
approaches such as finding a lawyer on the Internet or in a Yellow Pages
Directory. Perhaps the second to asking
someone you trust about which lawyer to retain, is to ask a Judge or lawyer who
they recommend.
The Genesee County Bar Association
and the State Bar of Michigan have lawyer referral services. These services have rosters of lawyers who
specialize in a particular field. You
may be required to pay a consultation fee to see the lawyer. Many of these services also require the
attorney to maintain a Professional Liability Insurance Policy in the event of
attorney malpractice.
Legal directory services are
available on various internet web sites such as Martindale-Hubbell
(Martindale.com), Lawyers.com, Lexis-Nexis, YellowPages.com,
Superpages.com. Many of these legal
directories provide information about a lawyer's specialty, office hours,
location, past cases and clients.
What is the best criteria to use when hiring a Criminal Defense Lawyer?
The best thing to do before making
the initial calls to a defense attorney is to develop a checklist of qualities
you are looking for in hiring a lawyer.
These are my recommendations:
-
Experience
& Reputation. There is no
substitute for someone who has experience and an excellent reputation as a
specialist in criminal law.
-
Trial
Experience. It is important to know
that your attorney can do a credible job I the courtroom should the need arise.
-
Familiarity
with the local criminal justice system.
A lawyer who can communicate effectively with a Judge or Prosecutor
about your legal defense and your character is worth every dime you pay him or
her.
-
Chemistry. You have to be comfortable with your
lawyer. You have to feel good about your
fate being tied to this attorney's performance.
Should I ask about the price of legal services on the telephone?
You should expect your phone call to
be answered professionally. This will be
your first clue about the lawyer you are looking to hire.
It is unreasonable to expect a
lawyer will be immediately available at the time of your first call. Most lawyers are very busy and operate by
appointment.
Many people call criminal defense
lawyers and relate immediately they are "price shopping". Lawyers, unlike your local television
retailers are professionals and do not compare wares. The criminal defense lawyer is in a helping
profession not a business. Therefore, it
is a turnoff to many lawyers to encounter a client for the first time whose
first and primary concern is the price of legal services.
Lawyers are reluctant to answer the
question, "How much will it cost?" by telephone because it is necessary to
understand the problem to be handled before you can quote an accurate fee. Therefore, a quick 3 minute phone call about
your legal problem is unlikely to result in the lawyer being able to understand
the case well enough to quote a fee.
If you want to hire the right
lawyer, you need to meet that lawyer in person to size them up. The lawyer will be in a better position to
analyze your problem and you will be in a better position to analyze the lawyer.
What is the cost for the first consultation with a criminal defense
lawyer?
The initial consultation fee with a
criminal defense specialist varies. Many
attorneys charge a nominal fee of $100 or $200 to meet with the client. Others, including myself, usually waive the
consultation fee for the first meeting with a client.
What will it cost me to hire a criminal defense attorney?
Again, the fees charged by lawyers
vary. There are many factors that go
into setting an attorney fee in a criminal case. Those factors may include;
-
The experience and reputation of the attorney
-
The complexity of the case
-
The availability of the lawyer
-
The amount of work the attorney may have to
forego to accept the case, etc.
The legal marketplace also impacts
how much a lawyer will charge a client to handle a particular criminal
case.
Most criminal defense lawyers
charge a flat fee for their services.
The flat fee can be structured to cover stages of the case. For example, in Michigan a felony case starts in the
District Court. The case may require the
lawyer to appear at an arraignment, pre-trial, final pre-trial, motion hearings
and a preliminary examination. Once the
case is bound over to the Michigan Circuit Court there are various procedures
that eventually lead to a jury trial. This
type of fee is often in the client's best interest because the client pays only
for what services were rendered.
In the flat fee situation the
attorney might set a flat fee for representation at a particular stage of a case
or simply set a flat rate even if the case goes to a jury trial. Yet other lawyers might charge some
combination of a flat rate fee in addition to a per diem charge for each day of
trial.
Hourly rates vary by
community. Those hourly rates may typically
range from $125 per hour to $300 per hour depending on the experience and
reputation of the lawyer.
Do lawyers have installment payment plans?
Yes. Criminal defense work is a bit different than
the average divorce case. If a client is
convicted in a criminal case the consequence could be jail or prison. It is difficult to earn a living if you are
behind bars. Thus, most criminal defense
lawyers like to be paid the majority of their fee "up front" just in case
things go badly. However, my office will
accept a substantial payment to start the case and arrange installment payments
over a short period of time in certain cases.
How do I raise the money to pay my lawyer?
Very few people prepare for the
contingency of being charged with a criminal offense. As a consequence the shock of arrest and then
of having to come up with a retainer fee for a lawyer can be confusing.
If you find yourself short of funds
on hand then you must consider a range of options quickly in order to hire a
lawyer. The first and most obvious place
to find money is at your bank. However
many law offices now accept credit cards.
Many clients turn to family and
friends in time of need. Before you do
that you have to set aside your pride in having to ask for help. I find clients reluctant to do this because
of the embarrassment it causes to explain what happened and then ask for
money. This however, is the first step
for many clients in obtaining a good base of support for what is about to
unfold in the criminal court.
In some cases if savings and credit
cards are not adequate to pay the lawyer's fee then you have to look at
borrowing money. Banks will extend
signature loans in many cases with a co-signer for amounts sufficient to pay a
retainer fee. In other situations a home
equity loan or a new mortgage might be necessary to obtain sufficient funds to
retain a lawyer.
Often your lawyer will know a
banker or a mortgage broker who can help you sort out your credit needs.
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