- Do I need a lawyer?
- If you have been charged with a crime or a serious traffic offense, it is very likely that you do need a lawyer. An aggressive defense attorney will protect your rights and your freedom. He will have a clear understanding of the criminal justice system that a person accused of a crime will not posses. While it is true that in a small number of minor cases charges are dismissed without a defense attorney's participation, this is rare. If you go to court without a lawyer, the judge is likely to continue your case and order you to return with a lawyer, or worse yet, make an accused proceed with a public defender that will only have met you that day and who will have to divide his time amongst many other defendants.
- What should I look for in a criminal defense attorney?
- Look for an attorney who has a great deal of experience in criminal law. Find out how many bench trials and jury trials he has litigated in the past few months. Ask if he has defended the type of charge you face. How many times. Ask him to outline possible defenses. Jeff Manciagli is a criminal law specialist who practices in criminal court 99% of the time and goes to trial frequently. Just as you would not go to a dermatologist for help with a heart problem, you should not go to a real estate or personal injury attorney for a criminal case.
- What types of things should I expect my lawyer to do?
- An aggressive defense attorney will interview the client in his office or at the jail. He should interview all relevant witnesses personally or through an investigator. He will examine the crime scene, obtain a court order to examine all physical evidence held by the police, subpoena all relevant police reports, make a motion for discovery, conduct all necessary legal research, write and litigate all relevant pre-trial motions, such as motions to suppress evidence based on constitutional rights violations, try the case to a judge or jury, and if necessary present mitigation evidence and sentencing arguments.