7 Questions you need to ask to the Attorney representing you

After retaining a lawyer, you’re not done! To succeed in your case you must take an active role in your defense in order to assist your attorney in every way you can. In order to do so, you must be informed to ensure that your lawyer is providing you with an effective defense. Early in your case, you should be certain that thorough discovery, investigation and defense are being conducted don’t be afraid to ask your lawyer the following important questions:

1. DISCOVERY – EVIDENCE – INVESTIGATION

Has your lawyer obtained and reviewed all “Discovery”, including: police reports, witness statements, video and audio tapes, photographs and other material provided through “discovery” by the prosecutor’s office?
What is your attorney’s evaluation of the evidence? What is the “worst evi­dence” against you? Has you attorney considered not only what evidence is there, but what evidence is not there? What physical or testimonial evidence is the prosecution relying on and is it open to challenge? Or what evidence does the DA not have that could mean dismissal of your case? Are there eyewitnesses? What sort of defense investigation should be conducted to find that evidence to disprove your guilt?

1. CLIENT ACTIONS

Sometimes there are steps you can (and should) take which will dramatically lessen your sentence. What should you be doing to improve the outcome of your case? Are there records or other information you can get to provide your lawyer or bring to court? Should you enroll in any classes such as counseling, anger management, or a drug rehabilitation program? What role will you play at trial as a potential testifying witness or observer?

1. STRATEGY

What is your lawyer’s preliminary evaluation of the case against you? What defenses are available to you? What is the best defense strategy? What are the potential risks and benefits of that strategy? Can your attorney mount a successful defense at trial or could your best interests be better served by plea bargaining?

1. COSTS

How much defense investigation needs to be done, and what will it cost? Do you need to hire Expert Witnesses to testify for you at trial? How much will they cost? Is their testimony worth it? What is the time table preparing for trial; how long will the trial last? Basically, what will going to trial cost? And can you afford it?

1. PLEA BARGAINS

The vast majorities of criminal cases do not go to trial, but are settled through negotiation. Determining a fair plea bargain is both an art and a science. This is where your Attorney’s knowledge and experience are essential. The first factor includes a careful evaluation of the strength of your case and thus the odds of winning or losing at trial. Then, given your odds at trial, you and your attorney need to balance your uncertain sentence, if convicted at trial with the certain sentence of the offer if you plea and “cut your losses”. The following questions need to be asked: If a negotiated plea bargain is to be attempted, what sort of offer does your attorney believe the prosecution will make? What can your attorney do to improve the prosecution’s offer? What counter-offer are you prepared to make? What can reasonably be expected? What is the standard range in similar cases? Consider your “maximum sentence exposure” if you go to trial and lose compared to striking a plea bargain.

1. SENTENCE ALTERNATIVES

Are there any Sentencing Alternatives to standard Jail that you may be eligible for, such as electronic home detention, Sheriff’s Work Program, or community service? Are there any standard or creative Probationary Terms that you can agree to which will satisfy the prosecution and court’s concerns and allow you to receive a lesser sentence. Sometimes, those sentencing alternatives and probationary terms satisfy the prosecutor and are much preferable to you and easier for you to accept. Some clients want to avoid fines, others want to keep their driver’s license, others want to avoid jail, and others who are not citizens, just want to remain in the U.S. If your attorney fully understands your needs and goals, s/he can often craft an alternative sentence that protects your most important concerns and hurts you the least.

1. MOTIONS – (Due Process and your constitutional rights)

Is your attorney ensuring that you are being given Due Process and that your constitutional rights are not being violated? Some questions to consider include:

1. Did the police conduct a search wherein evidence was seized from your home, vehicle or person? If so, is this search open to challenge by a Motion to Suppress? I.e. is the evidence against you inadmissible?
2. Did the Police detain you or arrest you? Did the Police question you and, if so did you make a statement to the police? Were you properly “Mirandized” If not, is this state­ment (and any evidence it lead to) admissible at trial or can it be suppressed? How damaging is it to your case? How will your defense strategy change based on the admissibility of the evidence or statements?
3. Are there any irregularities in the complaint or charges filed? Can you demur to the complaint? Are the charges based on events that happened more than 1 year ago? More than 3 years ago? Can you bring a Motion to Dismiss for a violation of your right to a speedy trial or some other constitutional right?

Conclusion
This case is not just any case; it’s your case. You deserve the best defense from an attorney who considers all of these questions. The answers to these questions should provide you with the confidence you need to proceed with your case, know­ing that you are receiving effective representation, whether by negotiated plea, or trial. If you are not sure of some­thing, ask. The only dumb question is the one you fail to ask.