When people ask me what to look for when hiring a criminal attorney, I tell them that there are a number of factors to consider.
Do you feel comfortable with the lawyer when you meet him face to face? Is this attorney going to spend the time to understand the details of his case? Are they honest with you about what you can expect in terms of potential results and the risks involved? Additional things to consider as you begin your search:
1. EXPERIENCE, EXPERIENCE, EXPERIENCE: There is simply no substitute for practical experience in criminal court. It is by far the most important consideration when choosing a criminal attorney. Each case is different, as are the personalities of each one, judge, prosecutor and law enforcement officer. Lawyers who have been in the local legal scene for a long time tend to be more expensive, but it is often money well spent. Former district attorneys are often a good fit, as assistant district attorneys have often had extensive trial and plea bargain experience that someone starting out on the defense side might not have.
BUT, keep this in mind: If you have a unique case or an especially complex case, younger attorneys with moderate experience tend to be hungry. They are eager to establish their own reputation. They will have more time to research case law and do background research. They will shed blood, sweat and tears in your defense. They may be willing to try a new legal argument much more quickly than a more established attorney. A less established attorney will also have more time to spend with you one on one. They will have fewer cases and will likely be paid less for each of those cases, so each case for the less established attorney is important.
2. AVOID LAWYERS WHO PROMISE RESULTS: Criminal attorneys are rarely certain of a particular outcome in a case. We operate in a field that is full of uncertainty. However, we can provide you with a forecast of what to expect when your case goes to court.
3. STREET SMARTS: Common sense and how the real world works is important. We are a people-based practice area and we need to understand the practical realities. Understanding legal statutes is critical, but criminal lawyers spend much more time with real people than they do locked in law libraries.
4. COMMUNICATION AND LISTENING SKILLS: Find an attorney who can explain the law to you in easy-to-understand terms. Does the lawyer listen to his story without interruption? Does he or she explain the possible defenses he or she may have to a particular charge? If you leave an initial consultation feeling confused or misunderstood, find another attorney.
5. SOMEONE WHO IS NOT AFRAID TO GO TO TRIAL: The client always controls the decision to accept a plea offer or go to trial. Plea bargaining often results in the best possible outcome for a client. However, good things can also come from forcing the State to prove its case. Let your intuition tell you if this is a lawyer you can fight.
6. CONFIDENTIALITY: The attorney-client relationship requires trust based on an oath of confidentiality. If you have any questions about an attorney’s integrity or ability to keep privileged communications confidential, please go ahead.
7. HOME COOKING: Always look for a criminal attorney who practices primarily in the county where you are charged. North Carolina counties vary greatly in how they treat crimes like DWIs, domestic assaults, and simple speeding tickets. They can also be notoriously inhospitable to outside counsel.