Criminal law is different than civil law. Criminal law encompasses all the areas of law that are concerned with either prosecuting someone for or defending someone who has been charged with committing a criminal offense. These areas include representing someone who is charged with committing a crime in the district court, appealing a criminal case to a higher court, representing someone charged with violating probation or parole, and expunging (or sealing) someone’s criminal record. All other areas of law are civil law. Criminal law uses different procedures in the court room as well as in filing legal documents. Criminal law also has more evidentiary rules than civil law.
Criminal charges are serious, requiring serious representation. There is always the possibility that someone could be put in jail when they commit a crime and a conviction is publicly recorded and remains in the public record forever unless it can be expunged (or sealed). In some circumstances where a person is not a United States citizen, even a misdemeanor conviction could cause him to be deported. Law is a complex field and most of the attorneys today specialize in an area of law. The prosecutors are specialized in criminal law, shouldn’t your attorney be specialized in criminal law as well. Back To Top
If your case goes to trial, you will want an attorney who has tried criminal cases before--the prosecutor has. Don’t be afraid to ask your attorney about his criminal trial experience. You have the right to know whether the attorney you are hiring is qualified to handle your case or not.
Everybody wants to remember their wins and forget their losses but a good criminal defense attorney will have lost cases. Why is that? It indicates that the attorney goes that one final step when there is no possibility of a better deal. Many of the people a criminal defense attorney represents are guilty of some crime. A good criminal defense attorney makes the State prove their case. In doing so, he is protecting your rights.
A criminal defense attorney should be a motion-experienced attorney. A motion is a request made by an attorney when he wants the judge to rule on some legal question. Before an attorney even discusses plea bargaining, he should have evaluated your case in terms of the motions that might be made. You have a right to bring any necessary motions to protect your rights. When you enter a plea, you waive those rights. Make sure you have an attorney who recognizes any issues that should be made in a motion before you enter a plea and waive those rights. Back To Top
The majority of the crimes committed in this country are misdemeanor DUIs and misdemeanor assaults (most surveys indicate that these two crimes represent almost 90% of the crimes committed) . This breakdown therefore indicates that a disproportionate majority of the cases that we handle are felony cases and the majority of those felonies are either drug or criminal sexual conduct cases. You should not hesitate to ask the attorney what his or her main focus of practice is.
You will very quickly have an idea of what area of law your attorney primarily practices by the type of questions he or she asks you. For example, an attorney who handles many drug cases will ask you whether a search warrant was involved, where you were searched, did you consent, was a canine involved, were you frisked, the number of officers involved, were their guns drawn, etc. Your attorney is simply searching for suppression issues which means that he or she is assessing the complexity of your case. Back To Top
You will also know very quickly if your attorney is used to handling criminal cases and especially felony level offenses if the attorney asks you questions about your criminal history points, prior record, whether you are on probation or parole, if you are the only person charged on the crime, whether you are considered a career offender, etc. Pay attention to what the attorney is asking you. He is once again assessing the complexity of your case and trying to determine the amount of work it will require. Remember that good attorneys are in demand and cannot take every case that comes their way. The attorney needs to assess the amount of time your case will take and sometimes whether or not it is of interest to him or her.
There is nothing shameful in being represented by a public defender. There are very good public defenders just as there are very good private attorneys. Just because you pay someone money does not make them better. If you cannot afford a quality private criminal defense attorney, you should not hesitate to use the public defender if you qualify. Public defenders are lawyers who are experienced and specialize in criminal law. That is what you need.
It is serious when you are charged with a crime and you should take an active role in determining who is going to represent you on the charges. Don’t be afraid to ask yourself why a lawyer feels a need to solicit business by mail or will bargain with his fee. Remember, that the best attorneys, just like other professionals, usually obtain the majority of their business through referrals from other attorneys or their former clients. Don’t be afraid to ask questions, your representation is the most important decision you will make. Back To Top
