For example, some attorneys solely handle white collar crime (e. g. , financial crimes, fraud). Other attorneys solely handle death penalty cases. [1] X Research source
To determine whether you are being charged with a state or federal crime, ask for clarification. Additionally, if you have paperwork with information about your charges on it, look at that. If the legal citation is to the United States Code (e. g. , U. S. C. ), you are being charged with a federal crime. On the other hand, if the legal citation is to a state penal code (e. g. , the Oregon Revised Statutes or O. R. S. ), you are being charged with a state crime.
While free legal services may sound nice, public defenders are often extremely overworked. This can lead to sub-par legal representation, even though it will most likely not be the attorney’s fault. Therefore, try to hire someone who will give you the attention you need. If you are planning on paying for an attorney, recognize that it will cost thousands of dollars. Depending on the attorney’s fee structure and the complexity of your case, you may end up spending $1,000 or $100,000 on a defense.
Give your name. The police need this information in order to create an official record of your arrest. Have your mug shot taken. Turn over clothes and possessions. You may be able to keep some smaller items, though it is up to the police whether to allow you. Have fingerprints taken. Your prints will be entered into a database. Undergo a body search. You will be patted down. You may also need to undergo a strip search, which is legal even if you have been arrested for a minor crime. Take a health screening. You might have to have an X-ray or give blood tests so that the police can check for diseases. Give a DNA sample. Some states might require that you give a blood sample. The information is entered into a national database.
The police should not question you after you have requested an attorney. If you cannot afford to hire a lawyer, the state or federal government must provide you.
You should choose to call someone who is responsible and who you know will pick up the phone. If you can’t reach anyone on the first call, ask the guard if you can make another call. Generally, they will let you make as many calls as you need to arrange an attorney so long as you have been behaving yourself after getting arrested. [6] X Research source Each jail has a different policy. In New York City, for example, you get up to three free local calls or three out-of-area collect calls.
Say nothing else to your friends or family. For example, don’t start talking about the crime. Often, the police record the conversations people have using the phone. Anything you say can be used against you later. [7] X Research source Also be sure to tell your friend or family member where you are located. Your attorney should come and visit you.
When you ask for recommendations and referrals, make sure you get the attorney’s name, email address, phone number, and physical address.
Make sure to request a referral to a criminal defense attorney. They are specialized in this area of the law. Getting someone who usually writes wills won’t help you.
For example, you could say, “It’s for a DUI charge. We don’t need anyone too expensive but we want someone experienced. ” Attorneys are often a good source of referrals, since they know the reputations of other attorneys in the area.
In Chicago, for example, First Defense Legal Aid is a pro bono organization that provides legal help to people in police custody. [9] X Research source It also runs a 24-hour hotline you can call. Check if your city has something similar. Search the Internet for “your city” and “legal aid hotline. ” You can then call the hotline and explain your situation.
If you are arrested for an immigration violation, then you will be provided with a list of legal aid organizations and pro bono attorneys who may help you.
If you haven’t been able to secure an attorney by phone, you should tell the judge that at your first appearance. You will have to fill out an application for a public defender. This application usually asks for your monthly income from all sources, such as disability, retirement, wages, etc. It also will ask you about the value of assets you own, such as money in bank accounts or your home.
Talk to the attorney about the timeline of events. Ask what happens next and what you should do. The attorney will tell you not to talk about your case with the police (or anyone else). Your attorney will have other advice, which will depend on the details of your case. You should always listen to your attorney. Attorneys are trained professionals who have an ethical obligation to work in your best interest.
The attorney’s experience handling your type of case. Some criminal defense attorneys might only handle DUI cases. Others might specialize in murder cases. How much the lawyer charges. Does the attorney charge a flat fee or an hourly rate? What are the rates? The attorney’s suggested strategy. Is it likely you can plead guilty? If so, what will the sentence or offense be? What are your chances of winning at trial? How the attorney communicates. Who do you call when you have a question? What is the lawyer’s preferred method of communication?
While some criminal defense attorneys will work for an hourly fee, most will want to be paid fixed fees up front. Work with the attorney to come up with an acceptable price for their services. If you do not have enough cash to pay for the attorney, ask if they will accept property. For example, some attorneys will accept real property, cars, and even artwork if a client cannot pay using normal means.
The fee you agreed to. The fee agreement should be spelled out in detail. In particular, you should be told not only the lawyer’s fee but also expenses, like photocopying charges. The scope of the engagement. For example, the lawyer will probably agree to represent you up through a trial but not on an appeal. What happens to the case file at the end of the case. For example, you may be able to pay to have a photocopy of the entire file made.
