Criminal Defense Lawyers

Questions to Ask When Hiring a Federal Criminal Lawyer

Finding the right federal criminal defense attorney is crucial if you’ve been charged with a federal crime. The stakes are high, and having the right legal representation can make all the difference in the outcome of your case. But with so many lawyers to choose from, how do you know which one is the best fit for you?

Asking the right questions during an initial consultation can give you valuable insight into a lawyer’s experience, skills, and approach. It also helps you understand how they would handle your specific case. Don’t be afraid to interview multiple attorneys before deciding who to hire. This is an important decision, so take your time and do your research.

1. How much experience do you have with federal cases like mine?

You’ll want to look for an attorney who regularly handles federal criminal cases similar to yours. Don’t assume that all criminal defense lawyers have in-depth federal experience. Federal cases are very different from state cases in terms of laws, rules of evidence, and sentencing guidelines. An experienced federal practitioner will understand the complexities involved and have relationships with federal prosecutors and judges.

2. What is your track record with cases like mine?

Ask about the lawyer’s win/loss rate and history with cases similar to yours. Have they taken many cases like yours to trial? What kinds of outcomes have they gotten for past clients? Success with other federal cases is a good sign they can effectively defend you as well.

3. Which federal judges and prosecutors have you worked with?

You want an attorney who is familiar with the judges and prosecutors in the district where your case is being heard. They will know the tendencies and pet peeves of the judges so they can tailor arguments accordingly. And familiarity with the prosecutors means they can negotiate more effectively if a plea bargain is an option.

4. Who will be working on my case and handling my defense?

Don’t assume you’ll be working directly with the lead attorney at all times. Many firms have junior associates, paralegals, and legal assistants working behind the scenes. Ask who specifically will be working on your case day-to-day and how involved the lead attorney will be.

5. Have you dealt with the federal law enforcement agencies involved in my case?

Different federal agencies like the FBI, DEA, ATF, IRS, ICE, etc. handle different types of crimes. You want a lawyer who has experience dealing with the specific agency involved in your case. They will understand how those agents operate, their tactics, and how to get information and negotiate with them.

6. Are you willing to take my case to trial if necessary?

Federal cases rarely go to trial – over 90% result in guilty pleas. But you still want to know your lawyer is ready and willing to take your case to trial if a satisfactory plea deal can’t be negotiated. Ask directly if they are willing to fight for you in court if needed.

7. How do you develop defense strategies for your cases?

Their response to this question can reveal how proactive and creative they are in building defense strategies. Look for a lawyer who digs deep into the details, aggressively challenges prosecution claims, and explores every option. A strong defense requires tireless preparation.

8. How often will you communicate with me about my case?

Ongoing communication is key so you understand what’s happening at each stage. Ask how often they will contact you, how quickly they respond to calls/emails, and how they prefer to communicate with clients.

9. What are the strengths and weaknesses of my case?

A good lawyer will give you an honest assessment of your case when you first meet. They should point out any holes in the prosecution’s evidence, as well as discuss challenges you may face. This shows they have already reviewed your case in depth.

10. What are the possible penalties I face if convicted?

Federal sentences tend to be more severe than state sentences. It’s important to understand exactly what kind of jail/prison time you could face if the worst happens. They should also discuss the collateral consequences of a conviction, like effects on employment, immigration status, finances, etc.

11. What are my options for negotiating with prosecutors?

Plea bargaining is common in federal court, so ask about your options for negotiating with the prosecution. A good lawyer will have relationships with prosecutors and know what kind of deals may be possible given the charges and your criminal history.

12. How much will you charge and what does that include?

Federal criminal defense can get very expensive due to the complexity and time involved. Get quotes from multiple lawyers so you can compare. Ask exactly what their fees cover – just their own time or other costs like expert witnesses, investigations, etc.?

13. Can you provide references from past clients with similar charges?

Speaking with a lawyer’s past federal clients can provide unique insight into their skills and track record. Quality attorneys should be able to provide references who can vouch for their handling of similar cases.

14. Do you have experience handling federal appeals if needed?

If you end up with an unfavorable verdict or sentence, you may want to appeal. See if the lawyer has experience handling federal appeals or if they would refer you to an appellate specialist. Appeals have very strict deadlines and complex procedures.

15. Are you willing to go to trial in cases you believe can be won?

Some attorneys try to convince every client to take a plea deal and avoid trial. Look for one who will fight in court if they truly believe you can win. If your case goes to trial, their skill as a litigator will be critical.

Finding the right federal criminal defense lawyer takes time and diligence. But asking these key questions during your search can help zero in on the best attorney for your case – someone with the skills, experience, and determination to fight for the best possible outcome for you.