FAQ's - Criminal Defense

Question: How soon after my charge should I obtain an attorney?

Answer: Immediately. Although it is never too late to get an attorney, the sooner the better. There are many things that an attorney can do to protect your legal interests at the initial stages of a criminal proceeding. These include representing you at early hearings, consulting with potential witnesses, and gathering time-sensitive evidence.

Question: Should I have an attorney at the bail hearing?

Answer: Yes. Having an attorney at the bail hearing is useful. Like any other hearing, if you have an attorney at the bail hearing, the chance that you will receive a favorable outcome from that hearing is increased. An attorney has an experienced understanding of the factors that a court will consider in deciding whether or not to grant bail and at what dollar amount to set bail, and the attorney can use that understanding to your advantage.

Question: Should I have an attorney if my guilt is obvious or if I plan to just plead guilty?

Answer: Yes. Even if there is considerable evidence of your guilt or, for whatever reason, you just want to plead guilty, a lawyer can still do a lot for you. A lawyer may be able to exclude some of the evidence if it was obtained in violation of the law. A lawyer may be able to negotiate a favorable plea bargain with the prosecutor that may result in a reduction in the charges or a recommendation of a lighter sentence. And a lawyer can put forward the best case possible upon sentencing in order to help secure a favorable sentence.

Question: If my trial is in just a few days, can I still get an attorney to represent me?

Answer: Yes. While an attorney may be unable to do as much for you with so little time, there are still things that an attorney can do. An attorney may be able to secure a postponement of the trial in order to have more time to prepare the case. Even if a postponement is unavailable, an attorney may still be able to negotiate a deal with the prosecutor and put forth the best case possible at trial, given the limited resources available on short notice.

Question: What happens if I go to court for trial without an attorney?

Answer: If you appear in court on the day of trial without a lawyer, the judge may give you more time to get an attorney, however, the judge may also decide that you have waived the right to have an attorney and may require that you represent yourself on that day. If you are required to represent yourself, you will have to act as your own attorney, doing the things that an attorney would do. This is difficult unless you are trained in the law, understand criminal procedure, and know how to present evidence to the court. The judge will listen to your side of the story. If you choose to testify, however, your case may be less thorough and less persuasive than if you had the assistance of counsel.

Question: What effect does my past have on the outcome of my case?

Answer: In most cases, your past should have little effect on whether you are found guilty or not guilty of the crime charged. However, if you are found guilty, your past will become essential to determining the proper sentence. It is extremely important for you to discuss your past with an attorney so that the attorney can secure the best possible sentence.

Question: What effect will the outcome of my case have on my future?

Answer: The outcome of your criminal case can have a significant effect on your future. Under certain circumstances, usually involving minor offenses, you may be able to have the crime expunged from your record. However, there almost certainly will be some negative impact on your future, at least in the short-term. Unfortunately, your future may be negatively affected even if you are acquitted. Having an attorney during the process is the best way to assure that the impact is minimal and that your freedom and your hopes for the future are preserved.