A Practical Guide to Choosing a Criminal Defense Lawyer
When you’re facing criminal charges, the lawyer you choose directly affects the outcome of your case. An experienced lawyer will create a strong defense and will know how to get evidence suppressed and negotiate a plea deal to get your charges reduced.
Criminal cases move fast and if you don’t have a good lawyer, you’re leaving your future up to chance.
Here’s a breakdown of the most important factors to consider when selecting your lawyer.
- Experience as a prosecutor
Former prosecutors make strong defense attorneys. Attorneys who have worked on the prosecution side understand how prosecutors think and know where they have the most negotiation leverage. Their insight and experience are valuable for shaping a strong defense strategy.
Being able to negotiate a plea deal is critical in a criminal case. More than 95% of all criminal cases end in a plea agreement rather than going to trial. A former prosecutor can secure a fair deal by knowing which arguments resonate with prosecutors and which ones get ignored. They also tend to have a more grounded view of their cases.
- Experience with your charges
General lawyers won’t cut it. You need someone with experience and a proven track record of fighting your charges. Defending a DUI case is much different from defending a violent crime or drug trafficking. A lawyer who routinely handles cases like yours is more likely to build a strong defense and get you the optimal outcome for your case.
Lawyers who focus on certain areas end up with extensive knowledge regarding specific charges. They also understand the mandatory minimums, sentencing enhancements, and diversion options connected to certain charges. They’ll know which evidence to move to suppress and which defenses are actually viable. General lawyers lack this depth of knowledge.
- Local experience in the court
An attorney with experience in your local area is ideal because they’ll be familiar with other legal professionals involved in your case. Although judges are required to follow the law, they have different interpretations of certain laws and statutes. Everyone involved in a local court system, including prosecutors and court staff, have preferences and tendencies that impact how cases progress. An experienced lawyer will use this to your advantage.
Attorneys who regularly practice in the same courts also develop professional credibility, which can help your case significantly.
- Willingness to go to trial
Most cases won’t go to trial, but if yours does, you want a lawyer with trial experience. Prosecutors are less likely to offer favorable terms to lawyers who take a case all the way to trial unless the defense attorney is prepared to litigate aggressively. However, since trial rates have significantly decreased over the years, finding a trial lawyer isn’t always easy. That’s why attorneys with trial experience stand out.
- Solid communication
Knowing the law is great but you need a lawyer who can explain what’s happening in your case. Poor communication can cause missed opportunities and unnecessary stress. You want a lawyer who will explain the potential consequences to you before you make any decisions. They should also explain their strategy, including why they’re handling your case a certain way. Strong and clear communication builds trust and will help you make informed decisions.
- A good reputation
While it’s great to find someone who has amazing online reviews, you want a lawyer who has a positive reputation in the legal community. Judges and prosecutors form opinions based on how a defense lawyer behaves in the courtroom, and you don’t want your lawyer’s reputation to make your fight any harder.
Before hiring a lawyer, check the state bar association for disciplinary records to make sure there are no patterns of misconduct or ethical violations. It’s a good sign when an attorney has a membership in organizations like the National Association of Criminal Defense Lawyers because it shows they’re engaged with legal developments.
When your lawyer has a positive professional reputation, it will support their credibility when presenting your defense to the court.
- Their fee structure makes sense
Lawyers with the lowest fees are a bad choice. Low fees indicate limited time, resources, and experience. But that doesn’t mean you need to pay for the most expensive lawyer. You just need to evaluate a handful of choices in terms of experience, results, and fees. An experienced lawyer will typically resolve a case faster and possibly more favorably, which can reduce the impact on your finances and personal life. Cost matters, but value impacts the outcome of your case.
Your criminal defense lawyer is your strategy
Your attorney determines your defense strategy. In a situation where your future is at stake, choosing the right lawyer is the most important decision you’ll make.
