Criminal defense lawyer: what to know

What the job involves, what changes the price, and what to ask a pro.

What criminal defense lawyer is

A defense lawyer provides information about the criminal process and may represent someone accused of an offense in court. People contact one after an arrest, after learning of a warrant, or when police want to question them. General information only, with no outcome promised.

Signs you need it

  • You or a family member has been arrested or charged
  • You learned there is a warrant or investigation involving you
  • Police have asked to question you or search your property
  • You received a court date or summons for a criminal matter
  • You are unsure how to respond to a plea offer
  • You want to know how a charge may affect your record, job or license

What the pro does

  • Review the charges, police reports and court dates
  • Explain the stages of a criminal case, such as arraignment, pretrial and trial, in general terms
  • Request the evidence from the prosecution and review it with you
  • Talk with the prosecutor about the case and any offers
  • Prepare and file motions where appropriate
  • Represent you at hearings, negotiations and trial

What changes the price

Every job is different, so we do not publish prices. These are the things that move the quote up or down.

  • The type and seriousness of the charge
  • Whether the case is in state or federal court
  • The amount of evidence and number of witnesses
  • Whether the case goes to trial
  • Whether experts are needed
  • Whether the client is in custody
  • Whether there are related matters such as a license or immigration issue

What a written quote should spell out

  • Whether the fee is flat, hourly or phased by stage of the case
  • Which stages are covered, such as pretrial, trial or appeal
  • Costs billed separately, such as experts and investigators
  • Who in the office will handle the hearings
  • How you will be updated on court dates

Questions to ask before you hire

  • Have you handled this type of charge in this court?
  • Which court dates must I attend, and what happens if I miss one?
  • What should I say or not say to police and others?
  • How do you explain a plea offer to a client?
  • What are the stages of my case, in general terms?
  • How will this charge relate to other matters, such as a job license?
  • Who will appear at the hearings?

Red flags

  • A lawyer who guarantees a dismissal or specific sentence
  • Pressure to accept a plea without reviewing the evidence
  • A lawyer who cannot show current good standing
  • Asking you to hide evidence or mislead the court
  • No written fee agreement

What you can do yourself

Do not discuss the facts of a case with police or on social media before speaking with a lawyer. You can write down court dates, collect papers you were given and list questions. For any charge, a licensed criminal defense attorney should review the case, and public defender offices may be available if you cannot afford one.

Licenses and permits

Criminal defense lawyers must be licensed attorneys in good standing. Check the license and any discipline record with the state bar.

Criminal defense lawyer questions

Can a lawyer promise to get charges dropped?

No. A lawyer can explain options and defenses, but results are decided by the prosecutor and court.

Should I talk to the police first?

Speak with a licensed attorney before answering questions about a case.

What if I cannot afford a lawyer?

A court may appoint one in some cases. Ask the court clerk how to apply.

Do I have to go to every court date?

Usually yes, unless a lawyer tells you otherwise. Missing a date can create more problems.

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