Criminal Defense Lawyer FAQ
Here's what you need to know about criminal defense lawyers: whether you need one, how to get one, and how much you'll have to pay.
What's Below:
Are lawyers available for defendants who can't afford to pay for one?
How can I get a court to appoint a lawyer for me?
Do I need a lawyer at my arraignment?
How can I find a private defense lawyer?
What is a private lawyer likely to cost?
Should I represent myself in a criminal case?
Can I change lawyers if I'm unhappy with the one representing me?
The U.S. Constitution provides that you are entitled representation by an attorney if the state is trying to deprive you of your liberty. This means that a court may be required to appoint a lawyer to represent you for free -- or for a fee you can afford -- if the crime you are charged with carries a jail sentence.
Because most criminal defendants are unable to afford their own attorneys, many states have public defender's offices. Public defenders (P.D.s) are fully licensed lawyers whose sole job is to represent poor defendants in criminal cases. Because they appear daily in the same courts, P.D.s gain a lot of experience in a short period of time. And because they work daily with the same cast of characters, they learn the personalities (and prejudices) of the judges, prosecutors, and local law enforcement officers -- important information to know when assessing a case and conducting a trial.
In areas that don't have a public defender's office, the local government will often contract with private law firms to take cases for indigent defendants. Or, the courts will maintain a list of attorneys and appoint them on a rotating basis to represent people who can't afford to hire their own lawyers.
Normally, if you want a court to appoint a lawyer for you at government expense, you must:
Typically, your first opportunity to ask the court to appoint a lawyer for you will be at your first court appearance, normally called your arraignment or bail hearing. The judge will probably ask you whether you are represented by a lawyer. If you're not, the judge will then ask whether you want to apply for court-appointed counsel. If you say yes, some courts will appoint a lawyer right on the spot and finish your arraignment. Other courts will delay your case and appoint a lawyer only after reviewing and approving your economic circumstances.
Each state (or even county) makes its own rules as to who qualifies for a free lawyer. However, as a general rule, if you are judged to be indigent, and there is actual risk of a jail or prison sentence, the court must appoint free legal counsel.
If you don't qualify for free help but can't afford the full cost of a private lawyer, you may still obtain the services of a court-appointed attorney. Most states provide for "partial indigency," which means that, at the conclusion of the case, the judge will require you to reimburse the state or county for a portion of the costs of representation.
In most criminal courts the arraignment is where you first appear before a judge and enter a plea of guilty or not guilty to the offense charged. Assuming you enter a plea of not guilty, which almost every defendant does at this early stage, the following steps also happen at the arraignment:
Most people can handle this proceeding without a lawyer. However, if you can get the court to appoint a lawyer for you without postponing the arraignment, or you are able to arrange for private representation before your arraignment, it's always better to have a lawyer.
Recently arrested people should usually talk to a lawyer as soon as possible. Often, the most urgent priority is getting a lawyer to arrange a defendant's release and provide some information about what's to come in the days ahead.
If you have been represented by a criminal defense lawyer in the past, that is usually the lawyer to call -- assuming you were satisfied with his or her services. If you have no previous experience with criminal defense lawyers, you can look to the following sources for a referral:
It's impossible to give a definitive answer. Attorneys set their own fees, which vary according to a number of factors:
A defendant charged with a misdemeanor should not be surprised by a legal fee in the neighborhood of $3,000-$5,000; an attorney may want $15,000-$25,000 in a felony case.
Most criminal defense attorneys want all or a substantial portion of the fee paid up front. Contingency fees (where the lawyer gets paid only if he wins the case) are not allowed in criminal cases.
The most obvious rule is that the less severe the charged crime, the more sensible it is to represent yourself. Defendants charged with minor traffic offenses should rarely hire an attorney, while defendants charged with serious felonies should rarely be without one.
The most critical piece of information in making a decision is what the likely punishment will be if convicted. It may be wise to hire an attorney when jail time is at stake. Convictions may also carry hidden costs, such as more severe punishment for a second conviction or increased insurance rates.
Requests for a change of public defender or court-appointed lawyer are rarely granted. A defendant would have to prove that the representation is truly incompetent.
On the other hand, defendants who hire their own attorneys have the right to fire them at any time, without court approval. A defendant doesn't have to show "good cause" or justify the firing. After firing a lawyer, a defendant can hire another lawyer or perhaps even represent herself. Of course, changing lawyers will probably be costly. In addition to paying the new lawyer, the defendant will have to pay the original lawyer whatever portion of the fee the original lawyer has earned.
Your right to change lawyers is limited by the prosecutor's right to keep cases moving on schedule. If you want to change attorneys on the eve of trial, for example, your new attorney is likely to agree to represent you only if the trial is delayed so the new attorney can prepare. The prosecutor may oppose the delay, possibly because witnesses won't be available to testify later on. In these circumstances, the judge is likely to deny your request to change lawyers.
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I just wanted to "Thank You" again for making it possible for my son to get on with his life. I have watched him straighten out his life and now he has a chance. When everything looked hopeless, you were still there fighting for us, win or lose. Even when it took six prosecutors against one, you kept on protecting us...
Lynn and I would like to thank you for your expertise during lynn's court appearances and especially during his jury trial. You reallly came through for us. We will be happy to pass your name on to anyone who may need an excellent lawyer! Thanks again and again,
"Awesome" What else can I say! Professional and confident at every meeting. My daughters thank you, as do I!
Thank you again for saving my life.
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