If you are facing criminal charges in California, many factors can affect the outcome of your case, including:
- The nature of the charges
- The reliability of the evidence
- The credibility of witnesses
- Your criminal history
- The aggressiveness of the prosecution
However, another important factor that will impact your defense is the effectiveness (or ineffectiveness) of your legal representation. Having a good or bad criminal defense attorney can affect every aspect of your case–even issues that have little or nothing to do with your guilt or innocence.
Here are some things to consider when you are hiring a criminal defense attorney to determine whether they are a good fit.
Signs of a Bad Criminal Defense Attorney
Many criminal defense lawyers may be experienced in their practice area and convincing in the courtroom, but not every defense lawyer is effective and successful. Here are some signs that your attorney may not be the right advocate for you.
Your Lawyer is Inaccessible
An effective criminal defense requires constant communication between the lawyer and the client. Defense strategies must be developed, and decisions must be made quickly. To make informed decisions, you must be up to speed on the status of your case.
If you’re not able to speak with your defense attorney when you need to or if your attorney is not available when you have questions, they are likely not as effective in your case as you need them to be.
You Don’t Understand Your Attorney’s Fee Structure
It is often said in the criminal defense area that “you get what you pay for.” Unfortunately, not every criminal defendant can afford the same defense attorney. The reality is that your choice of attorney may be influenced by the fees they charge.
Attorneys with affordable fees often have numerous clients competing for their services. However, paying top dollar for a high-priced attorney who will devote all of their time and attention to your case is not always an option.
Either option may be right for you and your criminal case. But if your attorney is not clear about their fee structure so that you know exactly what you’re being charged and what services you are receiving, your attorney may not be operating with full transparency. A good criminal defense attorney will clearly explain their fee structure.
Your Defense Attorney Does Not Treat You With Respect
Every defendant should be treated the same by the criminal justice system and by their defense attorney. Whether you are charged with domestic violence, drug possession, murder, or shoplifting, your lawyer should treat you with dignity and respect. If your attorney judges you by the crime with which you are being charged, you have a bad criminal defense attorney.
Your Defense Lawyer Promises You a Specific Outcome
An experienced criminal defense attorney should have a good sense of the likely or possible outcome of your case in light of the facts and evidence. But no lawyer can definitively predict the outcome of a criminal matter.
If your lawyer makes promises or guarantees about the result in your case, they are not being realistic. Your lawyer should be honest and forthright about what to expect in your case, the final outcome of which is always unknown.
Your Defense Lawyer Encourages You to Plead Guilty
It may be the case that a guilty plea is the best option to choose in your criminal case. A good defense attorney may advise you correctly that pleading guilty is your best option.
But if your lawyer urges you to plead guilty because that is your only option, you likely do not have an experienced advocate who is providing you with your best defense. A good defense lawyer should always offer options for you to consider.
Your Lawyer Behaves Unprofessionally
Forget the Hollywood caricature of the disheveled solo defense attorney who defies the odds and wins the case with informal antics in the courtroom. Yes, some criminal courtrooms may be crowded and a bit chaotic with heavy dockets, but they follow the same procedures and are every bit as formal and rule-driven as any other courtroom. Your defense attorney should be equally as professional.
If your attorney is cavalier about court procedures or unprofessional in their demeanor with you, their colleagues, or the court, you may be coloring your case in an unfavorable light.
Your defense lawyer should never:
- Have an unprofessional appearance
- Be late for court hearings or meetings
- Breach confidentiality or discuss other clients with you
- Use vulgar language or make inappropriate comments
- Overstep the ethical boundaries of the attorney-client relationship
- Alienate or antagonize the court or other lawyers with inappropriate conduct
Remember, your lawyer’s reputation precedes you.
Signs of a Good Criminal Defense Lawyer
It is not only important to find a good defense attorney; it is also important to find the right defense attorney for you. A large part of this is finding a lawyer who you like and trust. Selecting an attorney whose personality clicks with yours and with whom you feel comfortable and confident is critical. This is largely subjective.
But there are some objective factors you can look for and verify to be sure you are hiring a good criminal defense attorney. Here are just a few:
Your Defense Attorney Has Significant Local Experience
The effectiveness of your criminal defense attorney depends a lot on their local experience, including their:
- Relationship with local prosecutors
- Knowledge of the local court rules
- Reputation with local judges
- Experiences in specific courts (i.e., federal or state court systems)
Before hiring a criminal defense lawyer, you should inquire about their local experience.
Your Lawyer Is Confident in You and Your Case
Despite the allegations and evidence against you, a good criminal lawyer will be passionate and confident in their ability to offer you fair and reasonable options. They should be enthusiastic about your defense and as invested in the outcome as you are.
Your Defense Lawyer Has a Good Reputation
A good defense lawyer has a good reputation. The best indicator of an attorney’s reputation is how other clients feel about the attorney’s handling of their case.
Look online for reviews about your attorney. Make sure there are a sufficient number of substantive reviews with helpful information, not simply a few “5-star” ratings with no details. Ask around the legal community and look for news articles about cases your attorney may have won or lost. How your attorney has treated other clients is likely how your attorney will treat you.
You Feel Good About Your Attorney
The relationship between a defense attorney and their client is a professional one, but it involves confidential, personal, and sometimes intimate details about one’s life. It is a relationship that could affect the rest of your life.
Like entering a marriage, you need to know in your gut that you are making the right choice and feel good about the relationship you are entering. Even if your defense attorney looks like the perfect partner on paper, if you have doubts, questions, distrust, concerns, or second thoughts, this may not be the ideal attorney for you.
However, if you meet with an attorney and feel positive and confident about your case and your future, you likely are making the right choice.
Contact Our San Diego Criminal Defense Attorneys If You Need Trusted Representation
If you are confronting criminal charges in California, Blair Defense Criminal Lawyers will offer you the honest and ethical representation you can trust. Call our legal office today at 619) 357-4977 for a free consultation.
