Choosing a Criminal Defense Attorney
Individuals in need of a criminal defense attorney make up a significant portion of legal clients in the United States. However, many of these individuals have no idea how to select a good defense attorney. As a result, many people end up falling victim to the lies of unfit legal practitioners. There are a few things that one should keep in mind while trying to find the right criminal representation.
Many criminal lawyers will promise potential clients that they can produce a particular outcome or result in their case. These individuals are usually either liars or fools. It is next to impossible to predict the unfolding of a criminal proceeding. You do not want to be represented by someone who thinks they can do exactly that.
No lawyer, no matter how good, is in a position to promise a specific outcome in a criminal case. What he can promise his clients is that he will do his very best. He can tell clients what he believes he can probably make happen in their case, but no particular result can ever be guaranteed. Inability to guarantee a certain result is a sign of wisdom in an attorney, not one of weakness.
The ultimate result of a case lies in the hands of more than one individual, not just the defense attorney. A judge and district attorney or prosecutor will also be involved in addition to the possibility of a jury making the ultimate determination of guilt or innocence in the case. Judges, prosecutors, and juries have all been known to make undesirable decisions or even mistakes. This is why it is impossible for even the best defense attorney to make guarantees.
Also be cautious when a lawyer promises a quick dismissal of charges. When an attorney starts talking about dismissal during an initial consultation without researching the case fully, he is probably just telling you what you want to hear. The fact is that cases are rarely dismissed based on the prosecution’s belief that the defendant is innocent. A lawyer who promises a quick dismissal is behaving recklessly and in an unprofessional manner.
There is a fast way to disarm a lawyer who starts making bold promises about dismissals, getting a client out of jail, or anything else that seems too good to be true during the initial consultation. Simply insist that if you choose to retain him as your legal counsel that you want all those promises put in writing, signed by all parties, and notarized. Also include in that contract that if the attorney does not produce the promised results that you will get all your money back that you paid in legal fees. When you ask for the attorney’s bold promises in writing and attach the fees to the agreement, it is likely that you will be met with doublespeak and hostility. That should be enough to tell you to look elsewhere for legal advice.
Although the official position of those in the legal community is that any lawyer with license to practice law possesses the education to handle any case, it is a matter of common sense to believe that experience is valuable and, therefore, could form a reasonable basis for hiring one attorney over another. For example, if you are being charged with a drug-related offense, you will want to know if the attorneys who you are considering have adequate experience handling such cases. What percentage of each lawyer’s practice is devoted to the handling of drug-related cases? A lawyer who has practiced for twenty years, but only handled one drug case might not be as good a choice as someone with less time practicing law, but has handled multiple drug-related cases with reasonable success. Be sure and find out if the lawyer you are considering has handled your type of case before. Remember that some cases tend to be very specialized and the attorney you hire should be experienced in the specialization.
There is also something to be said for local knowledge when choosing an attorney to represent your interests in a court of law. In fact, local knowledge of a specific court system is more important than most people realize. There is something to be said for a lawyer who is recognized as a familiar face in your county’s court system. A local lawyer will probably be able to reasonably predict the attitude of the judge and prosecutor regarding your situation. He will also be more likely to have a known reputation for credibility in the county and know how to deal with the individuals involved in the prosecution of your case. This could very likely make the pre-trial negotiations of your case run much smoother than they otherwise would.
Familiarity with local judges might also allow your attorney to know which type of arguments to make in order to keep with the judge’s attitudes and beliefs. Also, this familiarity can help your lawyer avoid making arguments that would offend the judge unnecessarily. When you hire a criminal defense lawyer, you are hiring a guide for your trip through the criminal justice court system of the county where your case is being prosecuted. Therefore, local knowledge is definitely a factor that you should take into consideration.
There are seemingly infinite resources for people who seek knowledge about criminal law and criminal defense lawyers. The internet is always a good place to start, but it can be difficult to filter out inaccurate information. Books are usually a great source of help in this area. There are many attorneys who have written and published books that are full of great criminal law information. For example, Dee Wampler (a Missouri defense attorney) wrote a book called “Defending Yourself Against Cops” in 1993 and then its updated counterpart “Defending Yourself Against Cops in Missouri and Other Strange Places” in 2002. Both of these books are packed full of information regarding individual rights when dealing with the law enforcement community (from police to court officials) – most of which is unknown to the average U.S. citizen. These books also provide the reader with good advice for choosing a criminal defense attorney (from one of the best defense attorneys money can buy) and also provides tips for dealing with the judicial system in an effective manner.