Some individuals happen to be in the wrong place at the wrong time and may be innocent when arrested. Other folks may not be so innocent but may be able to get a lesser sentence. Criminal law is discretionary, which means it’s up to the judge or jury and the facts of the case to determine the sentence. Legal knowledge, experience, and prowess are characteristics you need in an attorney. These are the necessary traits needed to effectively communicate your side of the story. Not to say these traits are never found in a Public Defender but let’s be honest. Most Public Defenders lack the motivation and the time to get all the facts together and get your point across.
Like the Public Defender, the criminal Prosecutor is an employee of the County or State. Though it’s a defense attorney’s obligation to defend the client vigorously and completely within the bounds of the law, do you think there is a “conflict of interest” if your defense attorney is employed by the same County as the attorney prosecuting your case? In my opinion, I think yes. A bigger issue is that public defenders are often boggled down with too many cases. If your public defender has twenty other cases to handle in a week, how much time do you think he/she has to devote to your case? It’s a criminal defense attorney’s duty to defend you to the best of his/her ability. However, lack of time to devote to your case can affect his/her ability to defend you.
A private attorney is a self employed individual who makes time to defend you properly because you have hired him/her to do so. He/she is employed by you and decides how many cases to take. The private attorney is motivated by capital and his/her own work ethic, principles and reputation. The best defense knows that taking the time to record all the facts to formulate a great plan can prove your innocence. Or that mitigating circumstances can help you get a lighter sentence. You will find it worth the money to have a good defense. There are a few steps you can follow to find a good lawyer.
The first step is to bail out of jail. Many bail bondsmen will offer an 8% bail rate for defendants that have hired an attorney or intend to hire an attorney. Perception goes a long way in judging ones character. If you do not bail out, you are seen in an orange jump suit behind court bars or in handcuffs. The perception is that you are a criminal. If you bail out and go to court on your own, dressed in a suit or shirt and tie you are likely thought of as responsible. The fact that you show up to court while on bail shows that you are responsible as well. Once you are out of jail you can also take the next steps in finding a good lawyer.
The next step is to take the time to find an attorney you are comfortable with and that you believe can get your point across to the Judge and/or Jury. The good thing about bail is that your court date usually gets pushed back a few weeks or more and you have time to find an attorney to get your case prepared. Ask friends and family if they know of a good criminal defense attorney. Most good attorneys have a great reputation. People will have heard about them or worked with them and will want to tell you how good they are. Next look in your local yellow pages or look online for some names of attorneys who specialize in criminal defense.
Some of the best defense attorneys were once criminal prosecutors. Call several, not just one or two, prospective attorneys and give them a phone interview. Tell them about your case and see what they say. Then make appointments to meet in person with the attorneys you liked best over the phone. The cost of a consultation is usually free. Before you go to your personal interview make a list of good questions to ask. Remember, you are looking to hire so think of yourself as the employer. See how they answer your questions; get a good feel of work ethic, principles and/or beliefs. Make sure you get a good sense of who will make you comfortable and why they make you comfortable. The personal interview with your prospective attorney should reveal the most about who you choose.
The lawyer you choose should be who you believe will convey your side of the case effectively. Chose the attorney that will take the time to listen to you and help you formulate a great legal plan. Also make sure he/she makes you feel comfortable and confident. The ability to communicate your side of the case will depend on your lawyer’s legal knowledge, experienceArticle Search, and skill. These are the characteristics you should look for in your phone and personal interviews to find a good lawyer.
