6 Questions to Ask a Criminal Defense Attorney

6 questions to ask a criminal defense attorney. Make sure that you are comfortable with how the attorney will handle your case and that the criminal defense attorney is experienced.

As a general rule, criminal defense attorneys who are the very best at what they do will command the highest fees. When charged with minor traffic or petty offenses most people represent themselves in court. But, if the case is more serious or it is a case where anything but a complete dismissal will have unusually serious consequences, it's smart to consult with a criminal defense attorney. With minor traffic tickets such as the typical speeding citation, lawyers are an unnecessary expense, says prosecutor Kaylin Williams, a former traffic court criminal prosecutor with over twenty years prosecuting experience. But people charged with anything more serious such as crimes that may carry jail sentences, traffic cases that can result in loss of driving privileges or carry mandatory high fines can benefit from the advice of a criminal defense attorney.

"Most people are not familiar enough with the law or criminal procedures, and they don't have the training to spot potential defenses that could be that could be very beneficial at a trial or in negotiations with the prosecutor," Williams says.

However, just because a criminal defense attorney says he practices criminal law doesn't mean he or she is automatically qualified to deal with your case. When choosing a criminal defense attorney, make sure you have a good legal match by asking these questions.

1. How long have you been practicing in this local area? Before you hire a criminal defense attorney, it is very helpful to learn how much in court legal experience he or she has with the local court system your case will be heard in.

"Even If you need help with something simple like a driving while license suspended, you certainly wouldn't mind having someone with five years of experience in the local court system where your case will be heard." Williams says. "As the charges get more serious you want somebody who knows well the local prosecutors and the judges. That knowledge takes years to acquire, at least five."

It may not always be necessary to find an experienced criminal defense attorney with a lifetime of legal work to refer to. Actually, on a minor traffic citation matter, such as a moving violation like speeding, retaining a less-experienced criminal defense attorney can save you money because he would likely charge less than a than a seasoned veteran, Williams says.

2. How many criminal charges just like mine have you handled? Criminal defense attorneys are not all equally skilled. Let's use a criminal charge like Driving Under the Influence of Alcohol, (D.U.I.), as an example. The best D.U.I. criminal defense attorneys are almost always in the "most expensive to hire" category, and they're few and far between. For the average person, it can be a big problem identifying who the best D.U.I. attorneys really are. While the very best D.U.I criminal defense attorneys are always in the high fee category, price alone is not the only factor. Other attorneys who are less skilled in defending D.U.I. will also be in the high fee category. These other attorneys may charge high fees because they are very successful in other types of cases, not D.U.I.. Or, they may be working at a law firm that always charges high fees for a variety of business related reasons.

Using our D.U.I. charge as an example, ask the attorney what percentage of his caseload is D.U.I. defense. Ask how many D.U.I. clients he currently has. The higher this number is the better off you are. Also ask the attorney if he has completed any D.U.I. continuing legal education courses and when the courses were taken, says Williams. "A certain number of hours of continuing legal education courses are required of every lawyer each year. These courses are available in all practice areas. Attorneys are free to choose the courses of their choice. If the attorney you are thinking of hiring has taken has taken recent course in D.U.I. defense that's a good sign," says Wiliams. He will be more up to date on D.U.I. law and better prepared when attacking witnesses during cross-examination, says Wiliams.

If you know and trust some attorneys who practice in other fields, ask them to identify the best criminal defense attorneys for the specific problem you have. Williams suggests you contact those attorneys you trust and ask them who would be the best for a D.U.I. charge or whatever charge you have been arrested or charged with.

3. How would you handle my case? It's not too early to ask an attorney for a short overview of what he or she plans to do on your behalf, Williams says. The answer can help you determine which attorneys to put on your short list.

If the attorney you are considering won't let you tell him your version of how you wound up being criminally charged until you have signed a contract to retain him it's not a good sign. "If an attorney wants money before you even talk to him about your case that should be a red flag," Williams says. Experienced criminal defense attorneys will give you a rough outline of the various actions that will need to be taken, such as, in the case of our D.U.I. example, the filing of discovery motions documents or petitioning the court to rescind the statutory summary suspension, Williams says. Make sure his answers to your question makes sense, Williams says.

4. How will you bill me? Knowing the fee schedule for an attorney will definitely help to avoid problems later on, Williams says. Most, but not all, criminal defense attorneys work on a per case basis, meaning they will charge you a fixed amount to handle your case. But, there are often limitations on the deal and it's those limits you need to know about before you hire an attorney. For example, it is not necessarily unfair for a criminal defense attorney to charge extra for spending a day in an actual judge or jury trial with your case. Actually, it may be to your advantage if your attorney separates his case fees and trial fees if you are not planning to take your case to trial. What's important is for you to find out exactly what is included and what is not before you make a decision to hire anyone.

5. Who else will be working on my case? Some law firms will delegate your case to another attorney at the firm who you have not met, Wiliams says. During your initial consultation, you should find out who will be doing the work on your case and make sure you're comfortable with that person. Ask to meet that person and ask the right questions before you commit.

6. Is my initial consultation free?, Be sure to ask this question before you make an appointment. Don't try to turn your search for a criminal defense attorney into an attempt to get free legal advice over the telephone. But, do find out if your first consultation is free.

This article is based on an interview of Kaylin Williams, 13 May 2010 on the title subject.