It’s the middle of the night and you are sound asleep when the phone rings. You nervously answer the phone and hear your child in a frightened voice tell you that he or she has been arrested and they are in the county jail.
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Hiring an inexperienced attorney who doesn't specialize in criminal defense
When searching the web, first look for an attorney that specializes in criminal defense. If the attorney practices criminal defense, personal injury and bankruptcy don’t bother calling him or her. Criminal cases are serious and the law changes every day. It makes most sense to hire an attorney who spends all day and everyday on criminal defense.
You want an attorney with at least ten years experience in criminal defense, more experience is better. An attorney who has practiced at least ten years should have many jury trials under his or her belt and have developed a friendly and professional relationship with the judges and prosecutors. This isn’t the time to hire a newer attorney who may charge a lower fee, let them gain their experience on someone else’s case.
2
Hiring an ex prosecutor or an attorney who rarely goes to trial
You want an attorney who has always been a criminal defense attorney. Some prosecutors quit the District Attorney’s office and become defense attorneys because they get passed over for promotions or they don’t get along with their boss. But can you really trust them to passionately and aggressively defend your friend or relative? How can they intellectually switch from being a hard nosed prosecutor hell bent on sending people to prison for many years and then miraculously transform themselves into an aggressive defense attorney? It isn’t possible, stick with a career defense attorney.
You want an attorney who goes to trial often. Trial attorneys are the most respected attorneys at the courthouse and they get the best deals for their clients. But trial work is the hardest part of being a criminal defense attorney. It means lots of intense hard work in a short period of time and an immense amount of pressure. Many criminal attorneys shy away from trial work for these reasons
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Hiring an attorney recommended by the bail agent.
If you will be hiring the attorney for your friend or relative this is the most critical decision that you will make. The bail agent probably will recommend a specific private attorney. Be careful here, some attorneys and bail agents have informal relationships in which they agree to refer each other clients. This is legally a little shady and it’s best to pass on the recommendation of the bail bondsman.
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Not hiring a big city attorney
One question that may arise if your friend or relative was arrested in a rural or suburban area is whether to hire a local attorney or hire an attorney in a nearby big city. The best attorneys usually gravitate toward big cities. Generally speaking attorneys that practice in big cities have handled a wider variety of criminal cases and have gone up against tougher opposition than those in rural or suburban settings. If there is a big city within driving distance of the county where your child is being prosecuted, it’s worthwhile to speak to a certified specialists in that city.
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