Questions to Ask a Potential San Francisco Criminal Defense Attorney

Finding yourself in need of a criminal defense attorney can be an incredibly stressful and overwhelming experience. Your freedom, livelihood, and future could be on the line, so it’s crucial that you find the right legal representative to fight for you.

When interviewing potential attorneys, you’ll want to ask questions that give you insight into their experience, track record, legal fees, and strategy. Here are some of the most important questions to ask:

What Types of Criminal Cases Have You Handled?

Every criminal case is unique, so it’s important to find an attorney with experience handling cases similar to yours. If you’re facing assault charges, a lawyer who specializes in DUI cases won’t be as prepared to mount the best defense strategy for you. Ask for specifics – what types of crimes they have defended against, whether the cases involved misdemeanors or felonies, whether they’ve taken cases like yours to trial, etc. Their experience should align with your case.

What is Your Track Record in Cases Like Mine?

Understanding an attorney’s success rate with cases like yours will give you insight into how likely they are to get you a positive outcome. Be wary of any attorney who dances around the question or doesn’t have case results to share. A qualified lawyer should be transparent and provide examples of cases with favorable verdicts and settlements.

Who Will Actually Be Working on My Case?

While you may meet with and retain one specific attorney, much of the day-to-day work on your case may be handled by junior lawyers or paralegals. It’s important to ask who specifically will be involved so you know who you’ll be interacting with and their experience levels. Insist on face time with the lead attorney as well.

What Defense Strategies Do You Commonly Use?

There are many avenues a criminal defense attorney may take including plea bargains, suppression motions, affirmative defenses, trial, appeals, etc. Asking about their common strategies will give you insight into their approach. Make sure it aligns with your goals for the case.

If my Case Goes to Trial, How Often Have You Taken Cases Like Mine to Trial?

While avoiding trial through plea deals or dismissals is ideal, you need to prepare for the possibility. It’s crucial that your attorney has courtroom and trial experience specifically related to cases like yours. This experience gives them an advantage when facing the prosecution.

Will You Personally Handle My Trial or Pass it Off to an Associate?

Every case is different, but you should insist that the attorney you retain will personally handle your trial or plea hearings. Passing you off to a less experienced associate you never met undermines the relationship and trust you built with your attorney.

How, and How Often, Will You Communicate With Me?

Open communication between client and attorney is crucial. You should agree on how you’ll communicate (email, phone, text, etc) and how often you can expect to hear from them with case updates. Make sure you’re comfortable with the plan.

What Are the Biggest Strengths and Weaknesses of My Case?

A qualified attorney should be able to assess your case and provide their professional opinion on strengths that can be leveraged and weaknesses to overcome. Their candor and perspective will provide valuable insight into your chances of success.

What Are All the Potential Costs I Can Expect?

Legal fees, expert witness fees, investigation fees and more – make sure you understand every potential cost involved in your defense. Get clarity on the attorney’s rates and fee structure. A reputable lawyer will explain costs upfront so you aren’t surprised by mounting bills.

Can You Provide References From Past Clients?

Speaking with past clients can give you unfiltered insight into what it will be like working with the attorney. Quality lawyers should have no problem providing references who can vouch for their skills, communication style and case results.

Do You Carry Malpractice Insurance?

Any reputable attorney carries malpractice insurance to protect themselves and clients in the event of a legal mistake. It’s a red flag if they do not have active malpractice insurance, so be sure to ask.

Have You Ever Been Disciplined or Suspended?

You can ask if the attorney has ever faced disciplinary action from the state bar association. This includes suspension, sanctions, complaints, or malpractice claims. A minor infraction years ago shouldn’t disqualify them, but a pattern of issues is cause for concern.

How Quickly Do You Return Calls and Emails?

Any attorney you hire should make you feel like a priority. Ask their policy on responding to client inquiries. You need to know they’ll be responsive when you have questions or need case updates. Slow response times are a red flag.

How Can I Expect You to Approach Plea Bargains?

Many criminal cases get resolved through plea bargains, so understanding the attorney’s approach is key. Some push aggressively for the best deal while others hold out for trial. Make sure their style matches your hopes for resolution.

If I’m Unhappy With Your Services, What Recourse Do I Have?

No attorney can guarantee a specific outcome, but you should still have recourse if you’re unsatisfied with their services. Many offer refunds of unearned fees or will help you find replacement counsel. Know your options.

What Sets You Apart From Other Criminal Defense Lawyers?

Every attorney will play up their skills and experience. But look for insightful answers that truly set them apart. Maybe they have decades more experience than competitors, or they pour resources into continuing education. Know what makes them special.

Do You Have Any Potential Conflicts of Interest in My Case?

Ethical attorneys will disclose upfront any known conflicts of interest, such as a relationship with the prosecutor or judge. You need an advocate 100% on your side, not compromised by outside ties.

How Can I Expect You to Handle the Evidence Against Me?

Understanding their approach to rebutting prosecution evidence will prove valuable. Look for strategic thinking vs. blanket denial. Skilled lawyers may move to exclude evidence, expose flawed forensics, or leverage it to strengthen your case.

Will Your Fee Structure Motivate You to Resolve My Case Quickly?

Attorneys paid hourly have less incentive to swiftly resolve your case. Flat fees or contingency structures better align incentives. The fee structure impacts their motivation, so choose carefully.

Can You Share Examples of Successful Defense Strategies You’ve Used?

Asking for examples of their successful strategies in action will help you gauge their skills. Look for creative, strategic thinking vs. just taking a plea deal. A top lawyer utilizes diverse tactics to best defend their client.

Would You Be Willing to Take My Case to Trial?

While a plea bargain may be preferable in many cases, you want an attorney willing to take your case to trial if needed. Make sure they have the courtroom skills, experience, and confidence to mount a vigorous defense before a judge and jury.

Do You Have Relationships With Judges and Prosecutors That Could Help?

Well-connected attorneys who have rapport with judges and prosecutors have a leg up. Those relationships could lead to plea deals, reduced charges, and sentencing leniency. See if they have connections that could benefit you.

How Do You Keep Your Legal Knowledge and Skills Up-to-Date?

The legal landscape is always evolving, so continuing education is a must. You want an attorney who actively participates in trainings, seminars, conferences, and organizations for lawyers. That enhances their ability to defend you.

How Do You Determine if a Plea Deal Offer is Fair?

Evaluate how they assess plea deals to ensure you get a fair resolution. Do they research sentencing statistics? Consult with colleagues? Compare to results of similar cases? Their process should put you at ease.

How Do You Handle the Emotional Aspects of Criminal Defense Cases?

A criminal case can take a major emotional toll. It’s important your attorney provides not just legal guidance, but emotional support too. Many clients need a counselor and advocate. See how they can help you cope.

How Can I Get in Touch With You After Business Hours?

Legal emergencies can arise anytime. Ask if they have an after-hours number you can call if you need urgent legal advice or if you’re arrested. You need counsel available around the clock.

What Sets Your Fees Apart From Other Criminal Defense Lawyers?

Some lawyers offer unique fee structures like flat fees for certain services that provide cost certainty. See if they offer any fee options that could save you money compared to competitors.

Do You Offer Payment Plans?

The cost of a legal defense can be prohibitive. Look for lawyers willing to let you pay in installments if you can’t afford the entire fee upfront. Payment plans make quality representation accessible.

How Can I Be a Helpful Client?

A good lawyer will provide tips on being a helpful client. This could include organizing documents, promptly returning calls, attending meetings prepared, testifying honestly, etc. Their advice will show you how to work together effectively.

What Should I Do to Avoid Potential Issues During My Case?

Listen carefully to their advice on avoiding pitfalls during your case. This may include avoiding social media, interactions with witnesses, certain high-risk behaviors, and more. Heeding their guidance is critical.

What Factors Will Have the Biggest Impact on My Case Results?

Every case has key factors that will sway the outcome. The attorney should assess your charges, evidence, criminal history etc. to highlight what will impact your results most. Understanding this will prepare you.

What Should I Do If I’m Arrested Again Before My Case is Resolved?

A new arrest can massively complicate a pending case. A diligent attorney will explain exactly what to do if you’re arrested again, like calling them immediately and invoking your right to remain silent. Heeding their advice is crucial.

How Can I Make Your Job Easier?

You’ll want to do anything possible to help your attorney mount the strongest case. Asking this shows you’re eager to cooperate fully. Listen carefully and follow their guidance to improve your odds.