7-Key Questions for a Criminal Defense Lawyer

7 Key Questions to Find the Right Lawyer for your Criminal Defense

1. The first question to ask would be simply, How many years has the Manhattan criminal lawyer practiced criminal law.Someone with a fair number of years of experience, such as 10 years or more, would be preferred. Your future is too important to hand over your defense to a new law school graduate.

2. The second question you'll want to learn the answer to will be how many trials has the lawyer handled. This is important because your lawyer should be familiar and confident with the process. There are some so called "criminal lawyers" who rarely, or never go to trial and are known as "settling attorneys". Many times they aren't comfortable in trials, and even if it isn't best for their client, they find a way to settle without going to trial. The prosecution can sense that fear of going to trial, which can have a detrimental effect on possible plea bargaining for the client. Definitely, a lawyer who has tried 50 to 100 or more cases will maintain a stronger bargaining position.

3. Another thing you should determine is the number of jury trials the attorney has handled. Additional areas of expertise are needed in jury trial with facets like selecting jurors, and knowing how to be persuasive to jury members. As you can probably guess, more experience with jury trials is better than less. If your Manhattan criminal defense lawyer has handled 40 or 50 jury trials, he or she should have learned a lot about strategy in that area.

4. While you can certainly ask a potential lawyer about his or her experience, an even better way to determine that is is through a reliable certification process. Some states recognize specializations in different areas of law and if a lawyer qualifies according to the state's requirements, he can reflect that specialization in his marketing and advertising materials. However, many states don't allow specializations (including my state of Oklahoma). Fortunately, there is a national certification available through the National Board of Trial Advocacy This is a very rigorous certification process, requiring significant experience in criminal trials, a written exam, peer review and recertification every 5 years.

If a lawyer has achieved this certification, you have an unbiased third party validation of her experience, instead of having to rely simply on what the lawyer says about her ability.

5. Something else you should ask about is how and when the Manhattan criminal defense lawyer will communicate with you. Use the first consultation (which is often free, however be sure to ask ahead of time) to assess whether you will be comfortable and confident handing your case over to this person.

6. Make sure to ask if the lawyer you think you are hiring will actually be the one who is handling your case. This is important because some firms will have you talk to a lead lawyer initially and then give your case to a newer lawyer in the firm to handle. I believe a criminal charge deserves an experienced and seasoned lawyer, not someone just out of law school.

7. Ask about the costs involved. Find out whether the lawyer charges an hourly rate or a flat fee. Obviously, it is better for you, the client, to get a flat fee. That way you know exactly how much you need to pay as opposed to being concerned that the lawyer is trying to string things along in order to increase his fees. Also, determine what is covered in the flat fee, such as does that fee cover fees for a trial or will there be additional costs for that?

Questions for a Criminal Defense Lawyer

There's a pit in your stomach as the cop starts coming toward you and utters the words "I'm arresting you for a criminal offense."

Your mind starts racing with thoughts like " What in the world am I going to do? How is this going to affect my life, freedom, family, job? What can I do to protect myself? How do I decide on the right lawyer so I have the best legal help possible?"

Regrettably, this crisis is a possibility for anyone. Innocent people are charged with crimes as a result of many different circumstances, such as honest mistakes, or overzealous, or malicious actions by others. Good people also make mistakes and choose the wrong course of action in a difficult situation.

Whatever the case is, you sure enough need the best representation you can get.

All of a Sudden Nothing is More Important

You realize that a conviction will have ruinous effects on your life so it's important to seek the best attorney you can afford, whether you need a Manhattan criminal defense lawyer .

And even though you are "under the gun" to hire someone, this decision must be made with care. After all, if your life was threatened in a medical emergency, such as needing brain surgery, you probably wouldn't want the cheapest doctor to perform it. Moreover, you shouldn't choose an attorney based on who charges the least. At the same time, that doesn't necessarily mean you have to hire the most expensive person.

How Are You Supposed to Pick a Manhattan Criminal Defense Attorney, then?

Should you hire your brother-in-law's estate planning lawyer, or the attorney who handled your high school friend's divorce? What about going to the yellow pages and picking the lawyer on the first page of the attorney listings, or the law firm with a two page ad?

I don't advocate any of those methods for someone charged with a criminal offense. The problem is that just because someone went to law school and passed the bar exam, that doesn't mean he or she is effective and experienced in criminal defense Manhattan. Many have never set foot in a courtroom.

All Lawyers Are Not the Same

In the medical field there are doctors who specialize in certain parts of the body and so, too, many lawyers concentrate on just a few areas of the law. There are just too many types of law for someone to be an expert in every area.

Think of it this way. Do you really think that someone who spends most of their time writing and negotiating contracts for businesses would be as effective in the courtroom as a lawyer with decades of experience in criminal law?

What's more, when you hire an expert, you have to expect that the cost is going to be higher than hiring someone else with only a moderate amount of knowledge or experience.

What Can Criminal Defense Lawyers Do for Me?

Every day at least one potential client asks me, \"What can you do for me?\" It is natural enough. A person has been charged with a crime; they are concerned about their future; and they are confronted with the expensive prospect of hiring a lawyer to defend them against the charges. Before they make that expenditure they want to know what they are getting for their money. Usually when we spend money we get something tangible in return. Unfortunately, hiring a criminal defense lawyer Manhattan is different.

A lawyer cannot ethically tell a client how the case is going to turn out based on an initial consultation. Before the lawyer can even give an opinion the lawyer has to review the evidence and communicate with the prosecutor. If the lawyer could promise a certain result the implication would be that justice is for sale. In other words, the lawyer would be suggesting that if the client just pays a certain fee than the opinions of the prosecutor, judges and alleged victims are irrelevant. Although there are many problems with the justice system in America, fortunately it is not simply for sale.

To be sure, a criminal defense lawyer Mahattan can say things like, \"Assuming everything you say is true, based on my experience this is probably what is going to happen.\" However, potential clients should be wary of statements like this. Everyone is biased towards themselves, and all the more so when the stakes are high. Few clients, whether they be guilty or not, relate the facts of the case in the same way as the alleged victim does. As a result often neither the prosecutor nor the court will end up accepting the potential client\'s version of events as the whole truth. Yet the worried potential client wants assurance that things are going to turn out o.k., and that his or her version of events will be accepted by either the prosecutor or the court. So most often, when a lawyer says, \"assuming everything you say is true, this or that will happen,\" the client hears, \"if you hire me, then the result will be this or that.\"

Well, if one should not hire a criminal defense lawyer Manhattan based on a predicted result, on what basis should the client hire a criminal defense lawyer? First, qualifications such as experience; board certification; Super Lawyer ranking; Martindale-Hubbell AV ranking; quality of legal education, etc. Also, you should meet with your potential lawyer and base your decision on personal rapport. Ask yourself does this lawyer seem honest, ethical and competent? Is this the kind of person I want to stand up in court on my behalf and credibly represent my interests? These are the questions one should ask themselves rather than what is this person promising to do for me.

Mediating Your Divorce

New Yorkfamily law cases are governed by the rules of the County Superior Court. Under those rules, parties must attempt to mediate before going to trial. A family law mediation Brooklyn usually takes place at the office of a third-party, neutral Seattle family law attorney with whom the parties contract to help resolve the issues of their case. This attorney must be experienced in the nuances of New York family law so that he or she may advise each side as to how a judge is likely to rule if the case went to trial. The parties usually remain separate from each other during the mediation, and the mediator travels back and forth between each party’s station with offers and counter-offers from each side.

Not all counties in New York State require mediation. Nevertheless, it is generally a good idea to at least attempt mediation before incurring the stress and expense of trial. Paying a Brooklyn family law lawyer to appear at trial can be very costly, and court trials are quite stressful. Furthermore, when parties separate, there is usually already a lot of stress in the relationship. The parties do not make good decisions about one another and sometimes hold onto animosity that keeps them from making agreements. Unfortunately, this stalemate can lead to less than desirable consequences, and your lawyer will have to charge you to argue for you in court.

However, it is also not wise to jump to settlement too soon. Often parties in Brooklyn family law disputes “just want things to be over” and will settle before making an informed decision. The New York family law attorneys at Melvin E. Rosenthall Law can help you assess your divorce case and help you get it resolved in a way that is fair to all parties. Our New York child custody, divorce, modification, and adoption lawyers understand the emotional challenges of divorce and can help you by being a clear thinker during an unclear time. Give us a call and come in for a consultation on your New York family law case today because divorce doesn’t have to be a nightmare.

Hiring a Divorce Lawyer

Family law is an area that involves family relationships and issues. It can encompass anything from adoption finalization to divorce proceedings. No matter what type of family matters need to be decided, an attorney who specializes in this area of law will make the process a little easier.

A Brooklyn family law attorney should be well versed in all areas of New York family law. Major life changes often take place as a result of the decisions made in these cases, and an experienced, compassionate staff can help clients survive the emotionally taxing process and win the case. It is important to choose a lawyer and firm that will handle each client on an individual basis, taking the time to get to know the client and family and understand the extenuating circumstances of each unique case.

A Brooklyn family law attorney will be experienced in the various aspects of family law. The most common cases handled in this area are divorce settlements, where a competent attorney is essential to protect the rights of the client and ensure the settlement is fair and reasonable. Divorce is one of the most stressful events a person may ever experience, but the right lawyer can make that difficult time a little easier to handle.

Child custody is often an element of divorce proceedings and can be very emotional and stressful for all parties involved, including the children. It may be difficult to determine where the children should be raised - and who should raise them - when parents split up. When the parents cannot agree on this issue, it is up to the court to decide where the children should live. This is usually done in the "best interest of the child", although this can be difficult to determine. An experienced Brooklyn family law attorney can help ensure that a child custody case goes as smoothly as possible and that the rights of his client are firmly protected during the process.

What Does Family Law Cover?

Family law attorney Brooklyn matters represent a sizable chunk of any jurisdiction’s docket and can be among the most emotionally charged matters seen in court.

Family law attorney Brooklyn deals with family related issues and domestic relations, including marriage, divorce, paternity, child and spousal support, child custody, adoption, long-term care for elderly parents, civil unions and other related matters.

Divorce and child custody cases make up the vast majority of family law cases. Family law requires that a divorce must be certified by the court system to become effective. The terms of the divorce are usually determined by a family law court, and may take into account prenuptial agreements or postnuptial agreements. A contested divorce may be stressful to the spouses and lead to expensive litigation in family law courts regarding issues such as child custody, spousal and child support and property division. Less adversarial approaches to divorce settlements have recently emerged in the practice of family law, such as mediation and collaborative divorce, which use a cooperative process and sometimes a single attorney working for both parties to come to an agreement.

Adoption makes up a smaller, but significant area of family law attorney Brooklyn. In adoption, some or all of the rights of the original parents are terminated, and the adopting family gains these rights in family law court. Family law attorneys in these cases handle negotiations with birth parents or the state, and finalize any agreements among the parties.

Paternity is yet another area of family law. Paternity cases determine the biological parents of a child and establish these parents’ rights and responsibilities with regard to the child. As traditional marriage becomes less common, paternity suits and related child support and custody cases are on the rise.

Civil union litigation are an emerging area of family law, as traditional marriage has been joined by civil unions as a legal option. Family law litigation that may arise related to civil unions include the dissolution of civil unions, adoption and child custody issues and property and legacy issues.