You should expect that your criminal defense attorney have the knowledge of the law and experience defending the type of charges you are facing as well as experience in the court where the charges were filed, and that he/she is a skilled litigator and negotiator. Not all criminal defense lawyers are experienced in both state and federal courts, so it is important to find out where the attorney has practiced and if he or she has defended similar cases.
At BETTERCALLCRIMINALLAWYER.COM, we practice criminal defense in the State and Federal courts in CALIFORNIA, and have defended a wide variety of criminal charges. This firm used seasoned litigators only and our negotiation skills reflect our vast experience. In addition, you should expect help with alternative scenario planning, evaluation of your options and risk assessment. This means that the attorney will listen objectively to your situation and that he/she will help you understand the possible scenarios, evaluate the pros and cons of the available legal options, properly assesses the risks involved, and communicate clearly with you as to what will be the best course of action. You should expect that the communication be open and timely, that copies of all records and all the filings produced by the attorney and the government on your case will be provided promptly, and that your calls get returned in a reasonable time frame. Information about the proceedings and possible outcomes must be provided in a timely manner so that you have time to prepare for the outcomes.
You should expect that communications with your attorney will be kept confidential and that your attorney make you comfortable and not judge you when you give him information.
Finally, you should expect that your attorney will be creative and effective, so that he/she is able to come up with a proper resolution of your case.
Why should I consult with a lawyer even if I have not been arrested?
BETTERCALLCRIMINALLAWYER.COM offers low cost legal advice without any sales pitch. You can discuss a possible legal problem without an attorney trying to upsell you to pay a substantial retainer. Many lawyers offer free consultation but what you are really getting is a sales pitch why you should hire that particular lawyer for a large fee. Many large criminal defense law firms do not even provide you with a lawyer initially but rather have you discuss your case with a consultant. BETTERCALLCRIMINALLAWYER.COM provides you with an experienced attorney not a salesperson.
BETTERCALLCRIMINALLAWYER.COM gives you the opportunity to obtain excellent legal advice without a sales pitch and for a modest fee.
What happens after I get arrested?
Generally a person who has been arrested is brought to the police station where he/she is “booked”. This means the police will take personal, historical and biographical information. The police will use this information to determine if the individual has any warrants or a criminal history in order to evaluate whether or not he/she can be released from custody and whether the payment of a bail/bond is required.
Depending upon the jurisdiction, if the authorities intend to detain an individual, the person may have a right to have their detention reviewed by a judicial official. Generally, the police will file a criminal complaint in court and the individual will be required to appear before that court. During the arrest procedure, officers may also seize property, records, and/or materials as evidence.
Do I need a lawyer at my arraignment?
In most criminal courts the arraignment is where you first appear before a judge and enter a plea of guilty or not guilty to the offense charged. Assuming you enter a plea of not guilty, which almost every defendant does at this early stage, the following steps also happen at the arraignment:
- the judge sets a date for the next procedural event in your case
- the judge considers any bail requests that you or the prosecutor make
- the judge appoints a lawyer for you, if appropriate, and
- the judge may ask you to “waive time” — that is, give up your right to have the trial or other statutory proceedings occur within specified periods of time.
Most people can, if necessary, handle this proceeding without an attorney. However, it’s almost always better to have a lawyer, whether court-appointed or privately retained.
What is a private lawyer likely to cost?
It’s impossible to give a definitive answer. Attorneys set their own fees, which vary according to a number of factors:
- The complexity of a case. Most attorneys charge more for felonies than for misdemeanors because felonies carry greater penalties and are likely to involve more work for the attorney.
- The attorney’s experience. Generally, less-experienced attorneys set lower fees than their more-experienced colleagues.
- Geography. Just as gasoline and butter cost more in some parts of the country than others, so do lawyers.
A defendant charged with a misdemeanor should not be surprised by a legal fee in the neighborhood of $1,000-$5,000; an attorney may want $5,000-$25,000 in a felony case.
Most criminal defense attorneys want all or a substantial portion of the fee paid up front. Contingency fees (where the lawyer gets paid only if he wins the case) are not allowed in criminal cases.
Should I represent myself in a criminal case?
Defendants charged with minor traffic offenses should rarely hire an attorney, while defendants charged with criminal offenses should rarely be without one.
The most critical piece of information in making a decision about self-representation is what the likely punishment will be if convicted. It is almost always wise to be represented by an attorney when jail time is possible. And remember, convictions for even seemingly minor offenses can carry hidden “downstream ” costs, such as more severe punishment for a second conviction, increased insurance rates, loss or suspension of a professional license, and deportation of non-citizens.
Can I change lawyers if I’m unhappy with the one representing me?
Judges rarely grant a defendant ’s request for change of a public defender or other court-appointed lawyer. Disagreements between government-paid lawyers and defendants over strategic decisions are common and rarely are cause for a change of counsel. However, if in a serious case a schism between a lawyer and a defendant is so severe that a professional relationship is impossible, a judge may grant a defendant ’s request for new counsel. Incompetence of counsel is another possible basis of a change of counsel, but one that rarely arises.
On the other hand, defendants who hire their own attorneys have the right to fire them at any time, without court approval. A defendant doesn’t have to show “good cause” or justify the firing. After firing a lawyer, a defendant can hire another lawyer or perhaps even represent herself. Of course, changing lawyers will probably be costly. In addition to paying the new lawyer, the defendant will have to pay the original lawyer whatever portion of the fee the original lawyer has earned.
Your right to change lawyers is limited by the prosecutor’s right to keep cases moving on schedule. If you want to change attorneys on the eve of trial, for example, your new attorney is likely to agree to represent you only if the trial is delayed so the new attorney can prepare. The prosecutor may oppose the delay, possibly because witnesses won’t be available to testify later on. In these circumstances, the judge is likely to deny your request to change lawyers.
