What to Expect When Hiring a Criminal Defense Attorney in New York

What to Expect When Hiring a Criminal Defense Attorney in New York

Hiring a criminal defense attorney in New York can seem intimidating. You may be wondering, “How much will this cost?” or “What will the process be like?” This article aims to provide a helpful overview of what to expect when hiring a criminal defense lawyer in New York.

Initial Consultation

The first step is usually a free initial consultation with the attorney. This gives you a chance to explain your legal situation and charges. The lawyer will ask questions to understand the details. They can give you a sense of potential outcomes, defense strategies, and their fees. Don’t be afraid to ask questions! A good lawyer should make you feel comfortable and clearly explain everything.

Retainer Agreement and Fees

If you decide to move forward, you’ll sign a retainer agreement outlining the lawyer’s fees and what services are included. Fees vary widely depending on factors like the lawyer’s experience and the complexity of your case. Expect to pay at least a few thousand dollars for a simple misdemeanor, up to $100k or more for a complex felony trial. The agreement should explain the lawyer’s hourly rate, flat fees for certain parts of the case, and what costs you’ll be responsible for (expert witnesses, investigations, etc.). The lawyer may require an upfront retainer fee that they hold in trust and bill against as they work on your case. Get fee estimates in writing so there are no surprises.

Investigation and Discovery

After you hire them, your criminal defense lawyer will start gathering information through investigation and discovery. This may involve interviewing witnesses, visiting the crime scene, hiring experts, filing motions to get access to evidence from the prosecution, and more. The lawyer will analyze all this to build the strongest defense strategy for your specific case.

Plea Bargaining

Many criminal cases end in a plea bargain rather than trial. Your lawyer will negotiate with the prosecution to try to get you the best possible deal. This may involve reduced charges or a lighter sentence recommendation in exchange for a guilty plea. Your lawyer should clearly explain any plea bargain offers, the risks of going to trial vs. taking a deal, and provide their recommendation based on experience – but you get to decide whether to take a deal.

Trial

If your case goes to trial, your criminal defense lawyer will continue gathering evidence and preparing your defense strategy. They will file appropriate pre-trial motions, deliver an opening statement explaining your defense theory, cross-examine prosecution witnesses, present defense witnesses and evidence as needed, and make a closing argument. Having an experienced trial lawyer can make all the difference here.

The criminal justice process has many complex steps, but a good criminal defense attorney can guide you through it. The lawyer works for you and has a duty to defend your rights at every stage. While hiring a criminal lawyer requires an investment, it’s often money well spent to achieve the best possible outcome for your case.

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