Experience: Before you hire a lawyer to represent you, make sure you sit down with her and discuss your case. You should ask about her legal experience in criminal defense. Has she represented other clients charged with similar crimes? How long has she practiced criminal law? How many jury trials has she participated in?
Fee: Because each case is different, most criminal defense attorneys do not have established fees for each criminal charge. Your fee will be based on the number of criminal charges filed against you, the seriousness of each charge and the complexity involved in defending the charge. Typically, fees for misdemeanor charges are less than for felony charges. In hiring an attorney, it is important to understand and agree to the fee she charges. It is the preferred practice to sign a retainer agreement with the attorney so you and she are clear on the terms of her employment.
Communication: The most important aspect of hiring an attorney is communication. Make sure she understands your anxiety, concerns and questions. Make sure her answers are straight forward and not filled with “legalese.” Ask how she will keep you informed of the progress in your case. Is she receptive to your ideas? Does she understand the impact the criminal charges have had on your life and family? Is she available 24 hours a day, 7 days a week?
Choosing an attorney to represent you when charged with a crime, can be a life altering event. Make sure the attorney you hire is knowledgeable, experienced and concerned about you and your family.
2. What is a misdemeanor charge?
County Courts handle misdemeanor charges. There are first degree misdemeanors and second degree misdemeanors. A good example of a misdemeanor is a first charge for driving under the influence. Other frequent misdemeanor charges are leaving the scene of an accident and simple assault or battery. Although the consequences of misdemeanors are usually less severe than felonies, it is very important to have experienced legal representation to avoid potential legal pitfalls which could affect the rest of your life.
3. What is a felony charge?
Circuit Courts handle felony charges. The least serious felony charge is a third degree felony and the most serious is a capital felony. The consequences of being convicted of a felony can range from probation to prison. You can lose your job, your right to vote and carry firearms. It is critical that you have a knowledgeable, experienced attorney by your side who will defend your charges, challenge the evidence to be used against you and protect your rights.
4. Can I change or choose my Judge?
No. Your case will be assigned to a division. From time to time, Judges will rotate in and out of the division which can result in a change of Judge, but absent extraordinary circumstances, you cannot ask to change your Judge.
5. Do I have to speak with the police if they ask me questions?
No. You do not have to speak with police. Always ask for an attorney if police question you. If you are in custody, they must read you your Mirandarights before they ask you questions. Ask for an attorney. You do not need to give them a name of an attorney, merely state you want one.
6. The police told me they would “cut me a break” if I spoke with them. Should I speak with them?
No. There are many people in prison today even though the police promised to “cut them a break.”
7. The police want me to take a polygraph test or a voice stress test. I have not done anything wrong. Should I?
No. Both of these tests give results which are then interpreted by someone who is paid by the police agency. Therefore, you can tell the truth, but your answers may be interpreted as “deceptive.” Refuse the test and ask for an attorney.
8. Do I get the money I posted for bond back at the end of my case?
It depends. If you posted a cash bond and you complied with all conditions of your release, you will probably receive your bond money back. However, if you posted only 10% of your bond, you will not receive the 10% back at the conclusion of your case.
9. Can I get my record sealed or expunged?
If you have never been adjudicated guilty of a criminal offense, have not been adjudicated guilty of committing the acts you seek to have sealed or expunged and have never received a sealing or expunction of a prior record, you may qualify for a record sealing or expunction. There are exceptions to this rule, including certain criminal charges. If you qualify, my office can complete all paperwork and guide you through the process to ensure your legal history remains clear.