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Mistakes to Avoid When Hiring a Criminal Defense Attorney in NYC
Contents
- 1 Mistakes to Avoid When Hiring a Criminal Defense Attorney in NYC
- 1.1 Not Doing Thorough Research on the Attorney’s Background
- 1.2 Not Asking the Right Questions
- 1.3 Hiring a Family Friend or Relative as Your Lawyer
- 1.4 Meeting With Only One Attorney Before Deciding
- 1.5 Not Being Candid About the Details of Your Case
- 1.6 Waiting Too Long to Hire a Lawyer
- 1.7 Choosing the Cheapest Attorney You Can Find
- 1.8 Meeting With Lawyers Who Guarantee Specific Outcomes
- 1.9 Choosing an Attorney Who Doesn’t Specialize in Criminal Defense
Mistakes to Avoid When Hiring a Criminal Defense Attorney in NYC
Not Doing Thorough Research on the Attorney’s Background
One of the biggest mistakes you can make is failing to thoroughly research a criminal defense attorney before hiring them. Don’t just choose the first lawyer you find or go with one based on their advertisements. Vet them carefully to ensure they have the right skills and track record for your type of criminal case. Look for an attorney who specializes in criminal defense, not one who handles it occasionally in addition to other areas of law. Check their education credentials – did they graduate from a top law school? Are they certified by the National Board of Trial Advocacy or belong to associations like the National Association of Criminal Defense Lawyers?
Do a Google search to see what comes up about their background and reputation. Look for client reviews and testimonials that give insight into the quality of their legal services. Take the time to research properly so you end up with the best attorney for your needs.
Not Asking the Right Questions
Before committing to hire a criminal defense attorney, make sure to ask probing questions to understand their background, skills, and approach. Key questions to ask include:
- How long have you been practicing criminal law? How many cases similar to mine have you handled?
- What is your strategy for building the strongest defense for my charges?
- Will you be the lead attorney on my case or will associates/paralegals also work on it?
- How often can I expect you to communicate with me about my case status?
- Have you worked with the prosecutors and judges in my jurisdiction before? What was your experience?
- What are the weak points you see in the prosecution’s case against me?
The attorney’s responses will help you gauge if they have the right experience for your case type and their strategy aligns with your goals. Their communication style and availability should also suit your preferences. Ask all your questions upfront before signing a retainer agreement.
Hiring a Family Friend or Relative as Your Lawyer
It may be tempting to hire a relative or family friend as your defense attorney, thinking you’ll get a better rate or they’ll work harder since they know you. But this is usually a mistake. Hire a lawyer based on their credentials and track record, not your personal connection. A family friend may not have sufficient criminal law experience or their emotional ties to you could cloud their legal judgment. They may also struggle to be fully objective regarding the facts of your case.
While it’s fine to get referrals from friends for lawyers to interview, choose your attorney strictly based on professional qualifications. Don’t mix family/friends with your legal representation.
Meeting With Only One Attorney Before Deciding
Sitting down with just one lawyer before making your hiring decision is ill-advised. You have no basis for comparison of their skills, experience and fee structure. Set up initial consultations with at least three qualified criminal defense attorneys. Compare factors like their trial records, case strategies, communication styles and fees. Then you can make an informed decision about who is the best fit.
Interviewing multiple lawyers takes more time upfront but prevents you from making a hiring mistake that could negatively impact your case later on. Cast a wide net initially before zeroing in on your choice.
Not Being Candid About the Details of Your Case
Full, honest disclosure to your attorney about every aspect of your criminal case is crucial. Don’t downplay parts you think sound bad or omit details entirely. Providing your lawyer an accurate, comprehensive picture of the charges, evidence, and circumstances allows them to build the strongest defense strategy. If they are caught off guard later in court by revelations you withheld, it can damage your case. No matter how embarrassing, incriminating or damaging certain facts seem, lay it all out. Your confidentiality is protected under attorney-client privilege.
Waiting Too Long to Hire a Lawyer
After being arrested and charged, some people take a wait and see approach on hiring an attorney, or try to handle early proceedings themselves to save money. This is almost always a mistake. Retaining legal counsel immediately allows them to advocate for you from the very start. An experienced lawyer can work to get excessive charges dropped or reduced early on or negotiate a favorable plea bargain before the prosecution builds momentum. The earlier in the process you have legal expertise in your corner, the better. Don’t delay.
Choosing the Cheapest Attorney You Can Find
Everyone wants to save money on legal fees, but basing your attorney choice strictly on finding the cheapest rate can backfire badly. Cut-rate lawyers are usually inexperienced or take on extremely high caseloads, so you receive less personalized attention. They may lack the time and resources to sufficiently investigate your case, challenge evidence, or prepare an adequate defense. This penny wise, pound foolish approach means you sacrifice quality representation to save money upfront. Be willing to pay for an attorney with the experience and resources your case requires.
Meeting With Lawyers Who Guarantee Specific Outcomes
Avoid any lawyer who guarantees they can get your charges dismissed entirely or promises you won’t serve jail time. Ethical attorneys won’t make firm outcome predictions or assurances. No lawyer can predetermine exact case results. An attorney can discuss likely outcomes and potential strategies but should never assure a particular result. If they do, it’s an unethical red flag. Proceed with caution.
Choosing an Attorney Who Doesn’t Specialize in Criminal Defense
Don’t assume any lawyer can provide effective criminal defense just because they’re licensed to practice law. Handling criminal cases is a highly specialized skillset. Look for attorneys who focus exclusively on criminal defense work, not those dabbling in it occasionally. Ask point blank what percentage of their caseload is criminal work. Their expertise and network of resources within the criminal justice system will be invaluable to your case. Specialization matters.
Hiring the right criminal defense lawyer is one of the most important decisions you’ll make if facing charges. Avoiding common mistakes that defendants make will help ensure you have the strongest legal representation. Do your due diligence on attorneys’ backgrounds, ask lots of questions, and don’t let cost be the deciding factor. Invest time upfront to get counsel tailored to your case. This can positively impact the outcome and your future.