Criminal Defense Attorney
Eleven Attributes Of A Good Criminal Defense Attorney
By David Wise
People often ask me how to determine if a Criminal Defense Lawyer is good or not. Having practiced as a San Francisco criminal defense attorney throughout California for thirteen years I have developed some opinions about this, which are laid out in the eleven rules below. These attributes can help make the difference between a good, bad or mediocre result. Remember that good criminal defense lawyering is as much an art as a technical skill. There is no substitute for experience. On the other hand it is unfortunately true that some veteran lawyers are tired of practicing law or have been doing it the wrong way for so long, they can't change their ways. These rules apply to all criminal cases, whether drunk driving, driving under the influence, drugs, fraud, assault, battery, domestic violence or others. Of course they are no different whether you are looking for a San Francisco criminal lawyer, an Oakland lawyer, Hayward lawyer or a lawyer from another part of the country. The rules apply everywhere.
1. The lawyer must care about the result and the client's well being:
This may seem obvious but it is important for lawyers to remember how important a case is to the person charged with a crime. Criminal charges can bring intense stress in all areas of a person's life, including professional, financial and family life. This rule applies whether it is a simple DUI matter or a serious fraud or homicide allegation.
2. Get to know the client and his or her life situation and background:
I cannot tell you the number of times that the unique facts of a persons life, or stresses which they are under, strike a note of sympathy with judges when negotiating the outcome of a case, or at sentencing. More importantly these facts can make a big difference with a jury should a person accused with a crime chose to testify in his or her own defense.
3. Work quickly to try to get the person out of jail:
Needless to say, if a person is in jail and hires a criminal lawyer, they are expecting the lawyer to make every effort to gain their release from jail. There are several things that can be done by the criminal defense attorney to make this happen, including motions to set or reduce bail, motions for release on their own recognizance, or, in the case of a San Francisco criminal lawyer or San Francisco criminal defense attorney, a request for supervised release. For some people that own property, a motion to post real estate in lieu of cash is a good way to avoid paying a ten percent premium to a bail bondsman.
4. Consider the effects of a criminal case on a person's profession, or future profession:
Many convictions can result in the loss of business or professional licenses. Any trade that requires a state license, including hairdressers, nurses, landscapers, and many others, will be in jeopardy if you face criminal charges. Knowing what you are able to accept as part of a plea bargain, or if you are able to plea bargain at all, is critical to making the right choice in your case. Any criminal defense attorney, whether a San Francisco criminal lawyer, Oakland lawyer, Hayward lawyer or other, should be aware of this.
5. Remember confidentiality:
It is important for a criminal lawyer to understand the privacy of the client. This is especially so when dealing with family members of the person charged with a crime. Family may mean well when asking questions, but unless the client authorizes the attorney to talk about it, anything said about the case should remain private and confidential.
6. Consider any immigration consequences:
Anyone who is not a citizen must be especially careful when facing criminal charges. Any conviction or even an admission without entry of a judgment, can result in deportation, exclusion from re-admission or denial of citizenship. This is unfortunately a highly misunderstood area of the law by many criminal lawyers. Understanding these rules is critical whether you are dealing with a San Francisco DUI attorney, San Francisco criminal lawyer, San Francisco criminal defense attorney, Oakland DUI lawyer, Hayward or any attorney from elsewhere in the country.
7. Communication with the client:
Part of why a person hires a criminal lawyer is to understand what is happening in the case as it goes along. A criminal defense attorney must talk about it with the client on a regular basis.
8. Investigation:
In most cases the client should allow the criminal defense attorney to hire an investigator to interview witnesses. If the police did it to gather evidence against you, why wouldn't you want to do it in your own defense. It costs money but it would be "penny wise and pound foolish" to skimp on this part of your defense - that is, unless you agree with the police version of the facts.
9. Legal research and motions:
Any San Francisco criminal defense attorney must be sure to understand the "elements" of an offense, that is, what the prosecutor has to try to prove in order to get a conviction. Many times the prosecution cannot do it, but you wouldn't know it unless you looked at the precise elements. Also many searches resulting in police finding drugs or other contraband are illegal and should be challenged by the criminal lawyer.
10. Negotiation:
The way in which a criminal defense attorney negotiates a case can make the difference in a good or bad result. Bear in mind that not all cases can or should resolve by negotiation. Sometimes your best option is to fight the case all the way to jury trial.
11. Trial
Only about five to ten percent of cases go all the way to jury trial. However for the case that we think we can win, jury trial is usually the best option. On the down side, it is more expensive. That is because it should take intensive preparation for the lawyer. It can be stressful and time consuming for you, the client. But when you win, you walk out the door with no conviction on your record. If the judge and prosecutor refuse to offer you a reasonable alternative, and if you have a workable case, jury trial can be the only smart option. Before a jury is where the true lawyer shines as an advocate. Too many a San Francisco criminal defense attorney and San Francisco DUI attorney has not done enough jury trials, fears going to trial, or has had no success before juries. This is true for attorneys in most locations. Trial should not be rushed into heedlessly. Some cases should not go to trial. But trial should always be an option that you discuss with your lawyer, and your lawyer should appear knowledgeable about the ups and downs of jury trial.
May 15, 2011
1:39 pm
There’s a good guide here: http://www.vanwagnerwood.com/CM/Custom/HOW_TO_CHOOSE_A_GOOD_CRIMINAL_DEFENSE_LAWYER.asp
and another here: http://www.ehow.com/how_2057467_choose-criminal-defense-attorney.html
Also, ask around. Word of mouth is often a great way to find out who did a good job and who didn’t make an effort.
Good luck to you.
May 20, 2011
1:33 pm
What should I look for when trying to retain a criminal defense attorney?
I am looking for a lawyer to represent my mentally ill adult brother on a drug charge. I have no idea what I should be asking the attorneys I call (other than their fees) since I never dreamed I would need an criminal attorney. Can anyone advise, please?
Thank you.
June 19, 2011
8:08 pm
How do I become a white collar criminal defense attorney?
I know I have to go to Law School which I am applying to this fall and pass the bar but what’s next? What do firms look for in a white collar criminal defense attorney? Do I have to work in some other law specialties before I go in to it?
July 9, 2011
7:53 pm
His name is Richard Wadd. I’ve met him..
As long as you’ve got money, he’s got time.
Tell Dick I sad hello.
July 14, 2011
10:15 am
Can you Recommend me The Best Criminal Defense Attorney in Santa Clara County?
I need to know The best Criminal Defense Attorney in Santa Clara County?
July 25, 2011
10:16 pm
You can try to find a job in a law firm that specializes in white collar defense work, but it may be difficult. Most firms look at grades when looking for interns/law clerks who have completed their first year of law school.
You may have to clerk/intern at the public defender’s office – those are primarily “blue-collar” crimes, but you will get experience defending criminals, going to trial, etc. Things that will make you more marketable…
July 29, 2011
5:02 am
1. Good communication skills – communicating with the client (criminal defendant) and with the jury (to persuade them to acquit your client).
2. Good personality – to help persuade the jury
3. Not too flashy;
4. Know the law (you won’t be writing too many motions, etc. – those are usually done verbally, but if some are written, someone else usually will write it).
I think that’s it…
July 29, 2011
5:53 pm
The answer is, that it doesn’t matter. If you’re in it to defend only innocent clients you won’t get very far. The job of a criminal defense attorney is to hold the State to it’s burden of proof by providing the best defense possible for their client, regardless of guilt or innocence.
Imagine a system in which lawyers were ethically bound to defend only those they thought truly innocent. Anyone charged with a crime under such a system would face an enormous initial hurdle of convincing some attorney that they are worthy of representation, and many would face the justice system without representation and surely be convicted. The practical result of such a system would be that lawyers, collectively, would have a much greater impact on the determination of guilt or innocence, than judges or juries. Is that what we want?
I understand all the ethical arguments, and the mindless, bumper-sticker lawyer bashing that goes on. And in many cases there is some justification for it. The challenge is to propose a better alternative.
July 29, 2011
8:07 pm
Criminal Defense attorney? What characteristics to have? What to be good at? What skills to learn?
what would a really good criminal defense attorney be able to do
July 29, 2011
8:07 pm
How often are a criminal defense attorney’s clients guilty?
While this question might be difficult (maybe impossible) to answer, I was curious as to a vague percentage? I’m trying to get a feel for the ethical issues of the occupation.
In other words, would you think that a crim. defense attorney’s clients are predominately guilty of the crimes they are accused of? Is it even possible for a lawyer to only defend whom they believe to be innocent?