Finding a Lawyer
Finding a good lawyer that is experienced
in defending people accused of a crime is crucial to the outcome
of your case. A good lawyer is one that has years of experience
in the courtroom as a defense attorney. A lawyer that has spent
years of sharpening his or her skills usually becomes an expert.
A lawyer that has spent years negotiating case after case with
police, prosecutors and judges is the lawyer that you want on
your side.
It is also important to hire a lawyer that
makes you feel comfortable and safe. A lawyer should make you
feel like you are in good hands and well protected. You should
feel good when you walk out of the office after retaining your
lawyer. If you do not feel comfortable, safe and protected, then
you should not hire that lawyer; you should find a different lawyer.
Also, be sure to have a long consultation with the actual attorney,
not just an employee in the office. If you do not get the opportunity
to talk with the lawyer, walk away and find a lawyer that will
talk to you directly.
What a Defense Attorney Does:
A criminal defense attorney is a lawyer
that represents YOU against the criminal accusations or charges
filed. A lawyer is an advocate for YOU and is on your side only.
A defense attorney defends you from the beginning to the end.
After your lawyer listens to your explanation
of the accusations, he or she then begins working on your case.
A lawyer obtains the discovery (police reports, lab evidence,
photographs, videos, witness information, etc.) and reviews the
“other side of the story.” Often, the police reports
and other evidence will differ from your version of the events
or circumstances; this is normal. Your lawyer will then go over
the evidence with you, and at that point you begin to mount your
defense.
If your case is a misdemeanor, usually your
lawyer will offer to appear in court on your behalf, leaving you
free from the stress of attending your court appearance yourself.
In California, this is authorized by Penal Code Section 977. In
some courts, depending on the state, jurisdiction, or judge, you
may need to appear with your lawyer. If your case is a Felony,
you will need to appear in court each time with your lawyer (with
some narrow exceptions.)
While inside the courtroom, your lawyer should
handle everything. Usually, you need only to stand there next
to your lawyer, and your lawyer will speak for you. Even if you
do not need to say one word, it can be a very stressful experience.
Your lawyer is there for you to lean on. You should be able to
count on your lawyer to help you through your situation.
Your lawyer will review all of the evidence
and attack the case in an aggressive manner. The first goal in
every case is to get the case against you dismissed. The lawyer
should focus on that first before anything else. If it becomes
evident that a dismissal is not a possibility, then the process
of getting the charges reduced begins. Your lawyer will attempt
to convince the prosecutor that the charges should be reduced.
Your lawyer will attempt to convince the prosecutor that you should
not be punished. This all happens “behind the scenes”
outside of the courtroom and between court appearances. Usually,
your lawyer will negotiate with the prosecutor over the telephone.
Your lawyer is working on your case even
if you do not see it happening. Negotiating with the person prosecuting
you is a sensitive task, and takes time and tact. Sometimes, several
conversations will be necessary.
If your case cannot be settled, then it proceeds
to a jury trial. Your lawyer will spend much time with you and
any witnesses that you may have preparing for the trial. Once
the trial begins, your attorney maneuvers through the battleground
with experience and grace, hopefully securing you a successful
outcome of your case.
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Do Not Defend Yourself:
Defending yourself in court is called representing
yourself in propria persona, or, “pro per.” Sometimes
people charged with a crime will try to defend themselves because
they do not want to spend money on a lawyer. Sometimes they defend
themselves because they think that they are competent to handle
the case alone, and do not need the assistance of a lawyer. Most
of the time, it is foolish to represent yourself and is highly
discouraged. The courtroom is a venue of criminal laws and procedures.
A lawyer learns these laws and procedures during law school, and
becomes experienced in them only after practicing law inside the
courtroom. Unless you have gone to law school and have practiced
criminal law extensively, you will not know your way through the
maze of the proceedings. Therefore, you will get lost and not
know what to do. That is why it is foolish to defend yourself.
Also, defending yourself is dangerous because
if you say anything to the prosecutor or the judge, it can be
used against you as an admission or confession. If your lawyer
says it, it is not an admission or a confession, but just part
of the negotiation which cannot be used against you. Therefore,
you should not say anything. Obviously, it would be unwise to
defend yourself.
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What About a Public Defender?
A Public Defender is an attorney appointed
by the judge to represent you in your case. The Public Defender’s
Office is a County office. They are employed by the County. After
the completion of your case, in most courts, they will impose
a fee upon you for their services. There are several potential
disadvantages to having a Public Defender.
Most Public Defenders are overworked and
handle a high volume of cases at a time. Their case load can easily
be up to 30 cases in one morning. You would be just one of those
30 people. As a result, you may be left with the feeling that
your case is not receiving the full attention it deserves. Their
legal representation can be good, but since they have so many
cases, they often have to cut back somewhere, and you could be
the one that they sacrifice. When they have less time, they often
cut back on consultation time with clients. They do not have the
time to listen to your side of the story. So they may not give
you the quality consultation time that you feel you may need.
This means that your Public Defender may never have even met or
talked with you before you must appear in court together. They
meet you in court for the first time, and ask you if you want
to plead guilty to the plea bargain offer they have already received.
If you have questions and concerns before your court date, you
may not have the opportunity to get them answered. Misdemeanor
cases are often used as a “training ground” for new
lawyers. Many new Public Defenders get their first real court
experience on your type of case. To ensure you are adequately
represented however, new lawyers are supervised by competent and
experienced attorneys. For many people, the biggest drawback to
a Public Defender is that they cannot represent you at the DMV.
If you are arrested for a D.U.I., you must reserve your right
to a hearing at the D.M.V. The Public Defender will not help you
with this, because the law does not provide for a free, appointed
lawyer at the DMV. If it is important for you to retain your driving
privileges, you to need hire a lawyer to represent you at the
D.M.V. hearing. Hiring a private attorney instead of using a Public
Defender can benefit you in many ways. If you hire a private attorney
for yourself, they are obligated to do an excellent job of defending
you. You have entered into a contract for them to do so. They
are required to communicate with you and pursue every reasonable
defense in order to help you. They should never be too busy for
you.
If you are unable to hire a private attorney
for yourself, then ask the judge for the assistance of a Public
Defender. Being represented by a lawyer is better than acting
in pro per.
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