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Questions Criminal Defense Lawyers Will Ask New Clients in NYC
Contents
Choosing the Right NYC Criminal Defense Lawyer: What They’ll Ask You
First Meeting Jitters
That first meeting with a potential criminal defense lawyer can cause anxiety. It’s normal to feel nervous about opening up to a stranger on such a sensitive, high-stakes issue. Any good lawyer will put you at ease though. They know you’re already dealing with enough stress from the charges themselves.
A competent, caring NYC criminal defense lawyer will talk to you in a warm, non-judgmental way. They need to ask some personal questions to grasp all the details so don’t hold back. The more they know, the better they can defend you. Tell them everything – even stuff that embarrasses you or makes you look bad. What you share is confidential so don’t worry about it getting out.
Key Background Details
One of the first things a lawyer will want to nail down is key dates and events related to your arrest. They’ll ask about:
- The date and time you were arrested
- Where the arrest happened
- Details on what led up to it
- The specific charges against you
- If you were interrogated or gave any statements
- If they did things like take DNA samples or photograph you
Going over the sequence of events helps identify potential issues in the arrest or investigation process. For example, if the police didn’t read you your Miranda rights before an interrogation that could make those statements inadmissible. Pointing out sloppy police work is a common defense strategy.
Your Criminal History
Another thing the lawyer will ask about is your prior record. They need to know:
- If you have any previous arrests or convictions
- What types of charges were involved
- Details on any cases that went to trial
- If you took plea bargains
- If you served any jail time
Someone with a clean record often gets better plea deals. But even a sketchy past doesn’t mean you don’t have valid defense options. An experienced NYC criminal defense lawyer can interpret your criminal history in relation to the current charges to build the strongest argument.
Personal Background Details
Beyond the concrete arrest details, your lawyer will also want to get to know you as an individual. Things like:
- Your age
- Where you live
- If you have kids
- Your job/income/education level
- Any health issues – both physical and mental
- If you have a substance abuse problem
They’ll likely ask if you’ve ever been diagnosed with something like depression, PTSD or ADHD. Documented mental health struggles may allow a psychiatric defense. Or they might indicate you qualify for a diversion program instead of jail time.
Opening up about private matters to a total stranger feels uncomfortable. But it can influence the case outcome so answer fully. For example, being the sole provider for young kids may make you an ideal candidate for probation over jail. Don’t leave out something important just because it’s personal or painful. Let your lawyer decide what’s relevant.
Potential Defenses
A major thing your NYC criminal defense lawyer will do is poke holes in the prosecution’s version of events. They’ll look for explanations that cast doubt or justify your actions. Be ready to explore questions like:
- Were you wrongly identified or falsely accused?
- Did you act in self-defense?
- Were you entrapped?
- Is there proof contradicting the charges?
- Did you have a valid prescription for drugs found on you?
If your case lacks solid evidence, getting charges dismissed may be possible. But even if the evidence seems airtight, skilled criminal defense lawyers dig deeper to find excuses. Be open-minded to creative arguments when brainstorming strategy.
For example, many states allow a “necessity defense” for crimes committed out of necessity. So trespassing or theft charges could potentially be justified if you had no reasonable alternative to danger or death. It’s a long-shot argument but might be worth pursuing if the circumstances were dire enough.
Potential Outcomes
A top question clients have is “What’s the worst case scenario here?”. While your lawyer can’t guarantee outcomes, they should give clear insight on possibilities like:
- Minimum/maximum fines if convicted
- Whether jail time is mandatory
- Typical sentence range for the charges
- If the case seems likely to end in a plea bargain or trial
- Estimated trial expenses if not taking a plea deal
This info sets expectations on potential penalties. It also helps you weigh pros/cons of pleading out versus going to court. Cases with strong evidence usually end in plea bargains to avoid harsher sentences. But even long-shot trials are worth it sometimes despite the risk. Your lawyer will discuss all this openly so you understand your options.
Payment Plans
Most people can’t easily afford expensive legal fees. A reasonable NYC criminal defense lawyer will offer flexible payment plans. Be sure to ask specifics like:
- Their hourly rate or flat fees
- Payment installment options
- If they take credit cards
- Payment plans for experts or investigators if needed
A written fee agreement provides all the financial details. This avoids surprise bills down the road. Be leery of lawyers pushing for full payment upfront – reasonable installments should be available.
Don’t let fear about lawyer fees stop you from getting counsel. You can recover from debt eventually. Not defending yourself properly in a criminal case can destroy your whole future though. Public defenders are an option too but typically juggle heavy caseloads. Investing in experienced private defense gives you the best odds. Explore payment plans to ease the financial pain.
Their Track Record
It’s perfectly reasonable to ask a potential lawyer tough questions about their background. Things like:
- How long they’ve practiced criminal law
- What percentage of their caseload is defense work
- If they stay up-to-date on changes in criminal justice laws
- What law school they graduated from
- How often they take cases to trial rather than pleading out
- What their success rate is getting charges dismissed or reduced
Check online reviews too from sources like Avvo or Yelp. Past client testimonials offer credible insight on their skills.
Trust Your Gut
Finding the best criminal defense lawyer for your case involves both research and instinct. Gauge how well your personalities mesh. Do they listen with empathy and patience? Or seem distracted and impatient? How confident are you in their experience and commitment to your defense?
Don’t ignore red flags like if they fail to return calls promptly or want payment before filing basic motions. Trust your gut over slick marketing promises. The right lawyer-client relationship hinges on seamless communication and trust in each other.
Stay Informed
Finally, a top NYC criminal defense lawyer will keep you updated on case progress instead of leaving you hanging. From the initial meeting through the final outcome, you should understand what stage things are at and what comes next. Expect frequent case status updates. Ask questions anytime the legal process seems unclear or overwhelming.
Arm yourself with knowledge on the court process and potential defense tactics. Understanding the strategy behind certain moves will help you make informed choices when tough decisions come up. Working as a team with your lawyer leads to the best results.