Refer WikiHow. The first thing to do is determine whether you need a defense attorney. Refer our previous blog postings, What can a Criminal Defense Lawyer Do for You?, and Should I Get a Lawyer for a DUI offense . If you are facing a criminal charge, no matter how minor, you could benefit from talking to a defense attorney. Even if you decide not to hire the attorney to represent you in court, a consultation with him or her could help you to understand the charges against you, the defenses available to you, what plea bargains might be offered to you, and what to do if you are convicted.^[1]

• If you are facing a serious charge, it is highly recommended that you have a defense attorney represent you in court, rather than just consult with him/her before your trial.

Know what a defense attorney does. Criminal defense attorneys are the attorneys that represent people charged with criminal conduct or have had a lawsuit filed against them. Criminal defense attorneys who concentrate their practice on criminal defense often know the prosecutors involved, can get concessions that other attorneys miss, have probably handled cases similar to yours and can better advise you of your options.^[2]

• Defense attorneys will also identify key pretrial issues, issue motions that can improve your situation, or even get your case dismissed.

Know what kind of defense attorney you need. You will need to determine if you need a state or federal attorney. If you have broken a state law, hire an attorney that specializes in state law. State law cases include traffic violations, broken contracts, robberies, and family disputes, among others. Federal cases include, but are not limited to, cases involving violation of the US Constitution, cases in which the United States is a party, bankruptcy cases, copyright cases, and patent cases.^[3]

• If you are being charged with breaking a federal law, you will want to hire a more experienced defense attorney who will be able to dedicate a large amount of time to your case. Because cases that involved federal law are often more complex, federal defense attorneys often require more prestigious credentials and experience than state attorneys.
• The key difference between breaking state and federal laws is that when you break a federal law, you are prosecuted by the United States Attorney’s office. A prosecutor from this office has more time and resources to dedicate to prosecuting you, so it is likely that the prosecution will be much stronger than in a state case. You will want a seasoned, respected criminal defense attorney to represent you in this instance, as they have more of a chance of winning your case.^[4]

Get a criminal defense attorney who concentrates his/her practice in the area of defense that you need.Many criminal defense attorneys not only handle routine criminal defense cases but some concentrate in a particular area of defense. Some focus on rape defense, violent crime defense, or other areas of specialty. No defense areas absolutely require a lawyer who concentrates in the area, and in many areas there are so few lawyers that getting one that concentrates on a specific crime is impossible. Get a lawyer who is willing to put in sufficient time to learn about your case and your defense.

• A lawyer may concentrate in an area but may not claim to be a specialist unless an outside agency certified to make the designation, awards him/her with that designation. The State Bar in many states offers specialization in law, and is the ultimate authority on credibility. Look at the designations offered to see if a specialization aligns with your case.
• Select an attorney specific to the stage of law you need. Many attorneys represent clients in the trial stage, the most common stage in court and popularized by the media. However, appellate attorneys require additional experience and certifications. Appellate attorneys can also only represent clients in specific courts. If looking to appeal a decision in a lower court, choose an attorney with experience and the ability to practice in a higher court for your jurisdiction. You can view a map on the appellate courts at this link.^[5]

Understand the difference between a defense attorney and a public defender.Public defenders are generally reserved for people who cannot afford private attorneys. However, public defenders have very little time and resources to work on your case and result in less justice, according to research done by the Justice Policy Institute*.

• Many public defenders try to juggle over two hundred cases or more. That is way over the maximum number of cases recommended by the American Bar Association, which recommends that any attorney should not handle over one hundred cases. Public defenders may be very passionate about their jobs and have the best intentions. However, they may be overwhelmed by the sheer number of cases and jeopardize their client’s constitutional right to effective representation in criminal court.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area. For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.