5 Questions to Ask When Hiring a Criminal Defense Attorney

When you’re facing criminal charges, everything feels uncertain. The legal system is intimidating, the stakes are high, and your future could hinge on the decisions you make in the next few days.

One of the most important choices you face? Hiring the right criminal defense attorney. But how do you know who’s right for you?

It starts by asking the right questions. This isn’t the time for assumptions. You need answers that give you clarity and confidence about what happens next.

Keeping this in mind, here are five key questions to ask before you hire a criminal defense lawyer – along with what to listen for in their response.

1. How much experience do you have with cases like mine?

You don’t need a generalist. You need someone who understands your specific situation – whether it’s a DUI, assault charge, white collar crime, drug possession, or something else entirely.

Ask directly: “How many cases like mine have you handled?” Don’t just settle for, “I’ve been practicing for 20 years.” That sounds good, but it’s not the full picture. A lawyer could have decades of experience and still have limited exposure to your kind of case.

If you’re dealing with a federal charge, you want someone who knows the federal court system inside and out. If your case involves domestic violence or juvenile charges, make sure they’ve represented clients in those exact situations. Criminal defense is not one-size-fits-all, and neither is legal expertise.

Listen for specifics, like names of charges, types of outcomes, and whether they’ve taken similar cases to trial.

2. What’s your approach to defending clients?

Every lawyer has a different style. Some aim to negotiate a plea deal early, while others are ready to go the distance with a trial. Some are aggressive and confrontational. Others take a more calculated, behind-the-scenes route.

There’s no “right” answer here – it all depends on your case and what you value in a defense. But you want to know where they stand, how they think, and how they plan to represent you.

Ask them to walk you through their process. How do they evaluate a case? When do they recommend negotiation versus trial? Will they be the one handling the case personally, or will an associate take over?

You deserve a lawyer who can explain their strategy clearly. Someone who won’t just throw legal jargon at you, but who helps you understand what’s happening – and why it’s the best path forward.

3. What do you see as the strengths and weaknesses of my case?

This is a great test of whether an attorney is actually paying attention – or just trying to sell you.

After you’ve explained the basics of your situation, ask them for an honest evaluation. A good lawyer will talk openly about what the prosecution might use against you, what evidence works in your favor, and where the gray areas are.

Pay attention to how they frame things. Are they giving you a false sense of certainty? (That’s a red flag.) No ethical defense attorney will guarantee an outcome. What you want is someone who’s honest and strategic.

If they’ve already started identifying possible motions to suppress evidence or angles to challenge the charges, that’s a good sign. It means they’re thinking like your advocate.

4. What is your availability and communication style?

You can have the most brilliant lawyer in the world, but if you can never reach them, it doesn’t help much. Make sure you ask how often you’ll get updates.

• Will they return calls or emails within a certain timeframe?
• Do they have staff who can assist with urgent questions?
• Will they give you access to case files or court documents?
• Are they open to texting or video calls, if that’s easier for you?

The legal process can drag on for months or even longer. You need someone who’s communicative, responsive, and able to explain things in plain English when you’re confused or overwhelmed.

If you feel like they’re brushing you off during the consultation, that likely won’t change once they’re officially hired. Look for someone who treats your case like it matters to them.

5. What are your fees, and what’s included?

Let’s be real – cost matters. So, once you’ve gathered some other details, ask how their pricing works. Do they charge a flat fee for the entire case, or do they bill hourly? Are there additional costs for experts, investigators, or court filings? Will you need to pay more if the case goes to trial?

A transparent attorney will break this down clearly. They’ll also explain what happens if your case wraps up quickly – or drags on longer than expected. If money is tight, ask about payment plans or whether they take on cases through a public defender program. Don’t be afraid to bring it up.

Adding it Up

There’s a lot more to hiring an attorney than just calling the next number you see on an interstate billboard or downtown bus stop. By taking your time to do your due diligence and ask the right questions, you can select someone that you have total confidence in.