How to Find & Hire the Right Virginia Criminal Defense Attorney

Many people believe that all lawyers have the same training and that because an attorney advertises in a particular area, he has experience in that area. The reality could not be further from the truth. This guide will provide a 10 step method to better ensure you find the right criminal lawyer.

Chose a Former Prosecutor – But Realize that All “Former Prosecutors” are NOT created equal.

Whether you choose to retain my services or the services of another attorney, I strongly suggest that you hire a former prosecutor. Prosecutors from certain jurisdictions have handled and tried significantly more cases than the vast majority of defense attorneys. Moreover, they understand how an investigation and prosecution works from the inside out, and generally have a better relationship with the police officers and current prosecutors. Having handled hundreds of a particular type of case gives a former prosecutor insight that cannot be gained by a defense attorney, even over many years of practice. It is a perspective that puts former prosecutors at a distinct advantage in handling your case. However, recognize that all former prosecutors are not created equal. Some prosecutor jobs are not even full time or are in small jurisdictions where no felony or serious matters are handled. Moreover, some prosecutor’s offices are not very busy so the lawyers there do not gain much ex

Hire a Trial Lawyer – Don’t be Afraid to ask your lawyer “How Many cases Have you tried before a jury or a judge?”

To effectively handle a criminal law case, a lawyer must prepare for and be willing to go to full-scale litigation. This is not to say that litigation is always necessary, but the prosecutor has to know that if push comes to shove, not only are you willing to go to trial, but (more importantly) that you are skilled at trying a case. Trial law is a unique skill that very few attorneys have because it is something that very few attorneys do on a regular basis. Trial skills require a combination of knowledge of the law, common sense about people, and the ability to question witnesses, present evidence, and speak the accepted legal language needed to persuade the judge. If your case does result in litigation, don’t you want someone who knows how to do it? You certainly would not go to a surgeon who had never operated on anyone before, but only read about it in medical school. Effective trial tactics cannot be accomplished by a lawyer that is just learning, and has never actually tried

Make Sure the Attorney you Hire is the Attorney that Will be Handling your Case.

Ask the attorney, for example, “will you personally be handling my case?” Do not fall for the bait and switch technique, which generally works like this - you meet with the attorney whose name appears on the door. That attorney talks up the firm and his services. You hire him and then he passes your case off to an unknown associate. You never see or hear from him again after he takes your money and he is not the one that does the work on your case. In any reputable firm, the attorney you hire is the attorney that completes the work on your case and is available to you throughout the legal process. Another good question that can help identify bait and switch attorneys is, “What is the process for handling my case in your firm?” If any part of that process involves paralegals doing anything other than basic, ministerial tasks, you are at the wrong firm.

Avoid Attorneys that Do Not Carry Malpractice Insurance.

The lack of malpractice insurance is a red flag you should not ignore. While you hope they will never need to rely on it, an attorney that does not carry malpractice insurance does not run a stable, trusted office. The reason for the lack of malpractice insurance is likely that the attorney previously committed malpractice and no longer can afford the insurance rates. Whether an attorney has malpractice insurance can easily be determined in Virginia by checking the state bar website. In Virginia, the web address is www.vsb.org. Checking on an attorney is as simple as finding the “Attorney Records Search” page and typing in the attorney’s name.