Whether you have been charged with a DUI, a theft, or any other criminal offense, you are likely very concerned about your future. The situation may seem hopeless, but it is not. Florida criminal defense lawyers understand that not everyone charged with a crime is guilty and that there are many defenses to the different offenses in the state. Unfortunately, not all criminal defense lawyers are created equal, and who you choose for your case may make all the difference. So, how do you ensure you are working with the right lawyer for your case? We’ve compiled a list of questions to help you discern whether a lawyer is right for your case. Contact us at O’Mara Law Group to learn more.
Questions About the Attorney and Firm
When interviewing a defense lawyer, ask questions that help you assess whether they have the character and qualifications necessary to present the most effective defense available for your case. Even the most successful criminal defense lawyers are not the best fit for every type of case. Some of the most important questions to ask a criminal defense attorney pertain to the knowledge, experience, and practices of the lawyer and the law firm.
How Many Years Have You Practiced Criminal Law?
You do not want to work with an attorney who has never appeared in court or who is taking on their very first case. You must ensure that your lawyer has the necessary experience to know what hurdles they may face in your case and how to overcome them. Always ask about the attorney’s experience and their track record of success.
What is Your Area of Expertise?
Not all criminal defense lawyers take on all types of criminal cases. Some specialize in DUIs, while others may work mainly on drug offenses. You want to work with an attorney who has tackled your type of case before and has been successful with them.
Will You Be The One Handling My Case?
It is not uncommon for a senior partner to meet with a potential client and then assign the case to an associate or another firm attorney. Although this is not necessarily a bad thing, you should ask this question so that if someone else is handling your case, you can ask to meet with that attorney as well.
How and How Often Will We Communicate?
Facing criminal charges is a stressful ordeal, and you will need a lawyer who is accessible when you have questions, concerns, and emergencies.
Cost-Related Questions
Cost should not be the only deciding factor when selecting a defense attorney. However, you will need to know the costs before you choose your attorney to ensure you have the necessary financial resources and to compare their rates with other firms you interview.
Remember that the attorney with the lowest fee is not necessarily the least expensive option. The attorney that offers the most effective defense could cost you less in the long run, even with a significantly higher fee. On the other hand, a criminal conviction can cost you your freedom, years of wages, a record that follows you for life, and a future in which you cannot obtain gainful employment.
How Much Will You Charge for My Case?
Criminal defense lawyers typically charge an hourly or flat fee. Both fee structures are valid, but you should know what your attorney will charge you so you are not surprised later. Additionally, understanding the attorney’s fees is helpful when comparing attorneys and determining the right fit.
Are There Any Additional Costs I Should Be Aware Of?
The attorney’s fees may not be the only cost associated with your case. A reliable criminal defense lawyer will be upfront with you about additional costs you may need to pay, such as court costs, document fees, and expert witness fees. Most defense lawyers will require an upfront retainer to cover anticipated fees and costs, and you may need to pay additional retainers as these funds are exhausted.
Questions To Ask a Lawyer About Your Case
The questions below will help you assess the attorney’s confidence that your case could end positively. The attorney’s answers will help you gauge how far they are willing to go to help you and whether they believe they can resolve your case favorably. You also can use these questions to assess your attorney’s willingness to tell you the truth, even if it is not what you want to hear.
What Are the Exact Charges Filed Against Me?
When you schedule your initial consultation, a reputable attorney will do their homework ahead of time and become familiar with your case. Ask the attorney what the specific charges are and what they mean. A knowledgeable defense attorney should be willing and able to explain the following:
- The seriousness of the charges
- The potential consequences of each charge
- The strength of the evidence against you
- The likelihood of avoiding jail time
- The evidence you will need to fight the charges
- Your options for fighting the charges
- The likely costs of fighting the charges
What Are the Strengths and Weaknesses of My Case?
The attorney should be able to provide concrete answers outlining your case’s unique facts that could work for or against you. They should be able to identify witnesses, forensic evidence, expert testimony, and circumstantial evidence on both sides. Ideally, the attorney will be able to anticipate the prosecution’s likely strategies and devise arguments and tactics that could help you.
What Are the Potential Outcomes of My Case?
Ask the attorney to describe your case’s potential outcomes—both positive and negative. Your attorney should inform you that your case may end in a conviction, guilty plea, acquittal, or dismissal. You may receive the maximum penalty if you are convicted or plead guilty. The attorney should be able to inform you of any mandatory minimum sentencing guidelines based on your charges. The attorney also should advise you of the potential penalties, which may include one or more of the following:
- A jail or prison term
- Probation
- Community service
- Fines
If you accept a plea bargain, you should receive a lighter sentence. An attorney with experience handling your type of case should be able to advise you upfront about whether a plea bargain is likely.
Ask the attorney if the evidence appears strong enough for a conviction and whether the police violated your rights during the arrest. You may be able to have your charges dismissed due to a lack of evidence or an improper arrest. Choose an attorney who is not only open and honest about all possibilities but will also fight for you to get the most positive outcome possible.
What Challenges Do You Foresee In My Case?
The attorney should be open and honest about legal, procedural, or factual issues that could make your case difficult to defend. Ask the attorney how they will handle these challenges and what they see as the best-case scenario. The attorney should be able to provide viable strategies for overcoming challenges, such as:
- Discrediting the prosecution’s witnesses
- Pushing to have the prosecution’s evidence thrown out
- Hiring expert witnesses
- Fighting for a plea bargain
What Approach Will You Use for My Case?
Even when two people are charged with the same offense, no two cases are exactly the same. As such, you should always ask your defense lawyer what approach they will use for your case. Their answer will tell you what you can expect so you can determine if that approach sounds right for you. For example, if you are innocent, you may not want to work with an attorney who pushes for a plea deal.
How Long Will the Process Take?
An experienced defense attorney should be able to give you an approximate timeline for your case. The timeline may vary based on the following factors:
- The types of charges you are facing
- The court backlog in the jurisdiction where your case will be tried
- The availability of expert witnesses
- Whether you plead guilty or go to trial
- The amount of scientific evidence required for your case
Do I Have Any Options Besides Going To Trial?
Ask the attorney whether a trial is inevitable in your case or if you can get a positive result without a trial. A competent defense attorney should be willing to take your case to trial if you reject the other options. However, a knowledgeable defense attorney can often present several reasonable options that are much less stressful than a trial that will protect your future and preserve your reputation.
What Are The Risks And Benefits Of Pleading Guilty Rather Than Going To Trial?
When you go to trial, you put your future in a judge’s and jury’s hands and could face the maximum sentence. A judge may consider a lighter sentence if you plead guilty, but this is not guaranteed. The best defense attorneys will generally advise you to plead not guilty during the arraignment to allow time to investigate your case. You can change your plea later, but this is not always possible after pleading guilty. Once you are sentenced, it is too late to change your plea.
Often, a prosecutor is willing to reduce the charge to a lesser offense and recommend a lighter sentence in exchange for a guilty plea. This arrangement is known as a plea bargain. To accept a plea bargain, you must admit you are guilty to the court, and the offense will become a permanent criminal record.
A reputable defense lawyer will explain the advantages and disadvantages of pleading guilty or accepting a plea bargain. If the original charge is a felony, and the district attorney is willing to reduce the charge to a misdemeanor, a good defense attorney may advise you to accept the plea rather than risk a felony conviction.
Is There Any Way To Prevent My Arrest From Going Public?
Arrest records, including mugshots, are a matter of public record in Florida, except in cases involving juveniles. No defense attorney can keep your arrest record from going public. However, when interviewing a defense attorney, ask for other ways to protect your privacy. An experienced defense attorney can help you avoid publicity and control the narrative if the news media follows your case.
The attorney also should be able to advise you of other legal options to protect your privacy, including:
- Dismissal of your case
- Pre-trial diversion
- Sealing of your records after your case is resolved
- Expungement
Our Florida Criminal Defense Lawyers can Help with Your Case
Facing criminal charges is very scary, but at O’Mara Law Group, our Orlando criminal defense attorneys can help. Our knowledgeable lawyers have the necessary experience with many different offenses to effectively handle your case and give you the best chance of a positive outcome. Call us today at (407)-326-0089 or contact us online to schedule a consultation and learn more about how we can help.
