No one wants to have to hire a criminal defense lawyer. You’re likely facing one of the most stressful situations in your life, and trying to think of everything you can to make the situation “go away” as quickly as possible.
One thing you absolutely do not want to rush is choosing a criminal defense lawyer. Your first consultation with a lawyer is your opportunity to take control of the situation by making sure you find the right person to protect you and your rights.
This meeting isn’t just about helping the attorney understand your case. This is the criminal defense attorney’s job interview, and you decide if you hire them or not.
Do they have the right experience? Can you trust them to handle your case with care and professionalism? Are they transparent about the process and realistic about potential outcomes?
This chapter will guide you through what to expect during the consultation and the key questions to ask. The right lawyer can make all the difference, and they should be able to explain how they can help in your first meeting.
What to Expect During Your First Consultation With a Criminal Defense Lawyer
The initial consultation is the first step in building your defense. Understanding what to expect during this meeting can help you prepare and ensure you get the most out of the conversation. Here’s what typically happens during a consultation:
Overview of Your Case
Be ready to provide a full and honest account of your situation. The lawyer will ask detailed questions about the events leading to your charges, the evidence against you, and your personal background.
You don’t have to tell your defense lawyer if you’re guilty, but you should answer any questions they ask honestly and be honest about the facts of the case.
Preliminary Assessment
After hearing the details, the lawyer may offer a general assessment of your case, including potential defenses, risks, and likely outcomes.
Keep in mind that this assessment is preliminary. The lawyer will need more time to gather evidence, review discovery, and conduct their own investigation (separate from law enforcement’s) before forming a concrete strategy.
Be cautious of lawyers who promise guaranteed results or claim they can “definitely” get your charges dismissed—such assurances are often unrealistic and unethical.
Discussion of Fees and Payment Structures
Expect the lawyer to explain their fees and billing structure during the consultation. This may include an hourly rate, flat fees, or a retainer, depending partially on your case and partially on how the law firm typically charges clients.
Ask about additional costs, such as filing fees, court expenses, or payments for expert witnesses. If you have to take your case trial, there will likely be additional costs. A reputable lawyer will provide a clear and transparent explanation of what to expect financially.
Your Role and Communication Methods
The lawyer will likely discuss what they need from you as a client, such as providing documents, attending hearings, or avoiding certain behaviors that could impact your case.
They should also explain how they will communicate with you throughout the process, including their preferred methods (e.g., phone, email) and how often you can expect updates.
This is your opportunity to gauge their accessibility and willingness to keep you informed about your case.
Key Questions to Ask During a Consultation With a Defense Attorney
Asking the right questions during your initial consultation is essential to understanding the lawyer’s qualifications, approach, and how they plan to handle your case. These questions will help you assess whether the lawyer is the right fit for your situation:
Experience and Expertise
- “How long have you practiced criminal defense law?” Understanding the lawyer’s background gives you a sense of their overall experience.
- “Have you handled cases similar to mine before?” A lawyer familiar with your type of charges is more likely to anticipate challenges and craft an effective defense. For example, a lawyer skilled in DUI/DWI defense might not have the same expertise in order of protection cases or violent crimes.
- “What is your track record with cases like mine?” Asking about their success in similar cases can provide reassurance about their capabilities, and allows you to gauge how they might handle your case.
Defense Strategy
- “What is your proposed defense strategy for my case?” This helps you evaluate their approach and whether it aligns with your goals. While they’ll need more time to determine a full defense, if they have the right experience they should be able to communicate some ideas.
- “How strong do you think my case is?” Honest feedback about the strengths and weaknesses of your case shows the lawyer is realistic and thorough. If they’re honest about the potential consequences, it likely means they’re serious about mitigating them.
Potential Outcomes
- “What are the possible outcomes in my case?” Gaining insight into potential resolutions helps set your expectations.
- “Are there options besides going to trial?” A good lawyer will explore alternatives like plea agreements, diversion programs, or dismissals.
Fees and Costs
- “What are your fees, and how are they structured?” This ensures transparency about costs and payment terms.
- “Are there additional costs, such as filing fees or expert witnesses?” Knowing potential extra expenses prevents surprises later.
Timeline and Process
- “How long do you expect my case to take?” This helps you plan for the duration of the legal process. Don’t be put off if the defense attorney says it might be longer than you expect; that often means they will be thorough and look at every avenue to find a successful resolution without going to trial.
- What are the next steps in my case?” A clear explanation of the process reassures you that the lawyer is organized and knowledgeable.
Case Handling
- “Who will personally handle my case?” Some lawyers delegate work to associates or paralegals; knowing who will be involved is important. While experienced, skilled attorneys often have great paralegals and assistants, they still need to be intimately involved in your case to get the best outcome.
- “Will I be working directly with you, or will your staff be involved?” This question clarifies how much direct access you’ll have to the lawyer you’re hiring.
Communication
- “How often will you update me on the progress of my case?” Regular updates reduce stress and help you feel informed.
- “What is your preferred method of communication?” This ensures your expectations align with the lawyer’s communication style.
Trial Experience and Local Knowledge
- “How often do you go to trial?” Trial experience is crucial if your case ends up in court. Choose a lawyer with a history of achieving “Not Guilty” verdicts, not one who always settles for the best plea agreement.
- “Do you have experience with the judge and prosecutor handling my case?” Familiarity with local players can provide strategic advantages during your defense.
Remember, Your Consultation Is the Defense Lawyer’s Job Interview
The initial consultation is your first opportunity to make a decision about your case. Don’t waste it. By asking thoughtful questions and watching for red flags, you can make an informed decision about who to hire. Remember, you need an advocate who will listen, care, and fight for you.
Your future is too important to leave to chance—use your consultation to find the lawyer who will fight for you.
