Do I Need A Criminal Defense Lawyer?
Any person who is facing a criminal charge, no matter how minor, will
benefit from consulting a competent criminal defense lawyer. Even if
the lawyer is not retained to provide representation in court, a consultation
will help a criminal defendant understand the nature of the charges
filed, available defenses, what plea bargains are likely to be offered,
and what is likely to happen in the event of conviction.
For serious charges, it will be a rare defendant who does not benefit
from having a competent criminal defense lawyer assist with the negotiation
of a
plea bargain, or to prepare a
case for
trial.
A criminal defense
lawyer should also be able to identify important pretrial issues, and
to bring appropriate motions which might significantly improve a defendant's
situation, or even result in the dismissal of charges.
How Much Will My Defense Cost?
The cost of a criminal defense lawyer can vary significantly depending
upon the jurisdiction, and the nature of the charges which have been
filed (or which are expected to be filed) against the defendant. A lawyer
will typically require a greater retainer for a complex case than for
a simple case. The amount of a retainer will also typically increase
with the severity of the charge filed against a defendant. Sometimes,
though, a relatively minor charge can require a higher retainer, where
the attorney expects to have to engage in extensive motion practice,
or where it will be necessary to utilize expert witnesses.
In a misdemeanor case, although as previously noted the typical fee
will vary significantly between cities, counties, and states, it is
not unusual for a lawyer to request a retainer of several thousand dollars.
For felony cases, retainers often start at $5,000 - $10,000, and can
be $25,000 or more for serious or life felonies, such as sexual assault
cases or homicide. The anticipated cost of expert witnesses can also
significantly increase a retainer.
Be wary of entering into a retainer agreement which calls for additional
payments if the case will go to trial. It is not unusual for appellate
lawyers to hear clients recite that they entered into guilty pleas after
they were unable to come up with the necessary funds to pay their lawyers
to proceed with a trial. If you do decide to enter into an agreement
whereby you will pay an additional retainer if your case goes to trial,
make sure that it is an amount you can afford.
Finding a Criminal Defense Lawyer
It is unfortunately not always easy to find a good criminal defense
lawyer. Here are some suggestions:
Referrals - It may be possible to find a criminal
defense lawyer from somebody who is familiar with the lawyer's practice.
For example, if you regularly work with a lawyer or law firm, that
lawyer may be able to suggest a competent criminal defense lawyer
in your area. If your county is served by a public defender's office,
sometimes a defender's office will be willing to suggest a competent
are defense lawyer. If you have a friend or family member who has
been in trouble with the law, that person may be able to make some
suggestions.
Courtroom Observation - You may wish to sit through
some public sessions of court while criminal cases are being argued.
If you find a particular lawyer's performance to be impressive, you
may take note of the lawyer's name and later contact the lawyer about
the possibility of representing you.
Professional Organizations - Each state, and some
major cities, have organizations of criminal defense lawyers. Some
of those organizations offer referral services or online directories,
which you can use to find a defense lawyer in your area.
Directories - There are a number of online directories
which include criminal defense lawyers, including
Lawyers.com and
FindLaw.
After you have located one or more attorneys whom you wish to consult
about your case, call them to schedule appointments. (Find out at that
time if they offer a free initial consultation, or if you will be charged
for the meeting.) Try to speak with the criminal defense lawyer over
the phone before scheduling the appointment. Ask about the lawyer's
general experience with criminal defense, and any specific experience
with cases like yours.
Trust your instincts - if you aren't comfortable with an attorney you
consult, try a different office. You do not have any obligation to hire
a lawyer merely because you consulted with that lawyer. If your lawyer
is promising you that your case is easy, or makes promises that you
won't go to jail, speak to other lawyers before signing a retainer agreement
- some lawyers misrepresent the gravity of a defendant's situation or
the complexity of a case in order to entice the defendant to pay a retainer,
and then blame the judge or prosecutor when the rosy scenario they initially
promised turns out to be a nightmare.
Read the entire fee agreement with the lawyer before you sign it, and
make sure you get a copy for your own records.
Private Defense Counsel or Appointed Counsel?
People who are charged with felony offenses, and many individuals who
are charged with misdemeanors, may be eligible for appointed counsel
or for assistance through a public defender's office. When a defendant
petitions for a court-appointed lawyer, the trial judge will typically
make an assessment of the defendant's resources to determine if the
defendant will qualify for an appointment of a criminal defense lawyer.
When an appointment is made, although the defendant may be ordered to
repay certain attorney fees following a guilty plea or conviction, there
will not ordinarily be any fee in the event of acquittal or dismissal
of the charges.
Some people assume that a court appointed criminal defense lawyer will
offer services which are inferior to a privately retained lawyer. While
it is certainly true that some public defenders, some appointed lawyers,
and some private attorneys will prove to be insufficiently skilled or
dedicated to their work to provide an effective defense, it is generally
asserted that the average public defender will provide better representation
than the average private criminal defense lawyer. The primary reasons
for this include experience, as a professional public defender will
typically have much more experience with criminal cases than a private
lawyer, the ability to collaborate with other experienced lawyers within
the office, and also due to the resources and systems available to a
typical public defender's office. Many private criminal defense lawyers
take appointments - meaning that if you are charged in a jurisdiction
that appoints private lawyers to represent criminal defendants, many
of the lawyers you might otherwise retain will be among those to whom
a court might assign your case. And even if you are ordered to repay
legal fees, the cost of an appointed lawyer is almost always significantly
lower than the cost of a retained lawyer.
In short, if you can hire an effective criminal defense lawyer you
should not hesitate to do so. But, if your means are limited, you should
also not hesitate to request an appointed defense lawyer, and should
not fear that you will receive inferior representation just because
your lawyer was appointed.
Changing Lawyers
It is important to note that your constitutional right to effective
assistance of counsel relates almost exclusively to the performance
of appointed counsel. It is virtually impossible to convice an appellate
court that the incompetence of counsel of your own choosing constitutes
an error requiring reversal. If you are not comfortable with the competence
of your lawyer, retained or appointed, consult with a second lawyer
to have your situation reviewed. It may well turn out that your lawyer
is competent - but it is you who could go to prison, not your lawyer,
if the lawyer is inept.
Non-profit organizations of criminal defense lawyers mission is to
ensure justice and deal with people accused of offense. They provide
ongoing legal education and support public attention towards citizen
rights. They help with the legal process and perform the role of
criminal defense practitioners.
Storobin
& Spodek LLP is a premier New York criminal defense law firm with
offices on Wall Street in Manhattan, in Downtown Brooklyn and in Queens.
We are 
