Learn what criminal defense attorneys do, who they represent, and how to locate one or seek a public defender.
The criminal justice system is complicated and intimidating. Find out more about criminal defense attorneys and how they help defendants.
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Questions about Criminal Defense Attorneys
Where can I get a private criminal defense attorney?
How much will it cost to hire a private criminal defense attorney?
What if I can’t afford or don’t have access to a private criminal defense lawyer?
How can I persuade a court to appoint a public defender on my behalf?
In a criminal prosecution, should I represent myself?
Who is the criminal defense lawyer or public defender working for?
Can my criminal defense attorney accompany me to my arraignment?
Can I switch criminal defense attorneys if I’m dissatisfied with the one who is currently defending me?
Where can I get a private criminal defense attorney?
People who have just been arrested should normally consult with a lawyer as soon as feasible. Getting a lawyer to arrange a defendant’s release and offer some knowledge about what’s to follow in the days ahead is often the most pressing need.
If you have previously been represented by a criminal defense lawyer, that is generally the counsel to contact—assuming you were pleased with their services. If you have no prior experience with criminal defense attorneys, you may get a reference from the following sources:
You’ve heard of lawyers. Most attorneys practice civil (non-criminal) law, such as divorces, wills, bankruptcies, and defending those injured in accidents. If you have any trusted lawyers, ask them to suggest a criminal defense counsel. (Some civil attorneys may also represent clients in criminal issues, at least for the restricted purpose of negotiating for their release from prison after an arrest.)
How much will it cost to hire a private criminal defense attorney?
It is difficult to provide a conclusive response. Attorneys determine their own fees, which vary depending on a variety of circumstances, including:
The difficulty of a case. Most lawyers charge a higher fee for crimes than for misdemeanors because felonies entail harsher punishments and require more labor from the attorney.
The attorney’s background. Less experienced lawyers often establish lower rates than their more experienced peers.
Geography. Lawyers, like fuel and butter, are more expensive in certain regions of the nation than others.
A defendant charged with a misdemeanor should not be startled by a legal cost of $3,000-$5,000; in a felony case, an attorney may want $15,000-$25,000.
Most criminal defense lawyers need payment of the whole or a major part of the fee up advance. Contingency fees (where the lawyer is paid only if the case is won) are not permitted in criminal cases.
What if I cannot afford or do not have an attorney?
The United States Constitution guarantees you the right to be represented by a counsel if the state attempts to deprive you of your liberty. This means that if the offense you are charged with entails a prison term, a court may be forced to appoint a lawyer to defend you for free—or for a cost you can pay.
Before being sentenced to prison, a defendant has the right to a counsel under the federal constitution. According to certain courts, the right to counsel extends not just when imprisonment is imposed, but also where it may be imposed. States may also establish a right to counsel in other instances, such as when the defendant faces a fine of a specific amount.
Many states maintain public defender’s offices since most criminal defendants cannot afford their own counsel. Public defenders are fully certified attorneys whose main responsibility is to represent indigent defendants in criminal proceedings. Public defenders get a lot of expertise in a short amount of time since they appear in the same courts every day. Because they interact with the same cast of people on a daily basis, they get to know the personalities (and biases) of the judges, prosecutors, and local law enforcement officers—important information to have when judging a case and conducting a trial.
In locations without a public defender’s office, the local government will often contract with private attorney firms to accept impoverished defendants’ cases. Alternatively, the courts will have a roster of attorneys on hand and appoint them on a rotational basis to represent persons who cannot afford to pay their own counsel.
How can I persuade a court to appoint a public defender on my behalf?
Normally, if you want a court to appoint a public defense counsel at the cost of the government, you must:
Request that the court appoint a lawyer and submit information about your financial status.
Your first chance to request that the court appoint a counsel for you will usually be during your initial court appearance, often known as your arraignment or bond hearing. The judge will almost certainly inquire whether you are represented by a lawyer. Whether you are not, the judge will ask if you want to seek court-appointed counsel. If you reply yes, some courts will immediately assign a counsel and complete your arraignment. Other courts will postpone your case and assign a counsel only after they have reviewed and approved your financial situation.
Each state (or even county) determines who is eligible for a free lawyer. However, if the judge determines that you are too poor to afford an attorney and that you are facing a jail or prison sentence, the court must assign free legal representation.
If you do not qualify for free assistance but cannot pay the entire cost of a private counsel, you may still hire a court-appointed attorney. Most states allow for “partial indigency,” which means that the court will order you to return the state or county for a portion of the expenses of counsel at the end of the case.
In a criminal prosecution, should I represent myself?
The most important piece of information to consider while deciding on self-representation is the anticipated sentence if convicted. When prison time is probable, it is nearly always prudent to be represented by an attorney. Remember that even small violations may result in hidden “downstream” consequences, such as harsher penalties for a second conviction, higher insurance rates, loss or suspension of a professional license, and deportation of non-citizens.
Who is the criminal defense lawyer or public defender working for?
It makes no difference whether you have a private criminal defense counsel or a public defender: Your lawyer represents you, the criminal defendant, and has an ethical obligation to vigorously defend you, guilty or not. Defense attorneys must keep their clients up to date on case developments, keep some conversations discreet, and provide guidance to assist their clients in making educated judgments. The tactical choices are made by your attorney (such as making motions and deciding what witnesses to call). However, as the criminal defendant, you retain decision-making power over critical issues such as:
whether to enter a guilty or not guilty plea
whether to accept a plea deal and give up their right to a jury trial.
The prosecutor (also known as a state, city, district, or assistant United States attorney) represents the government and brings criminal charges against the defendant. The prosecutor’s job is to safeguard the public. However, prosecutors have an ethical obligation to ensure that justice is served and not to pursue cases on the spur of the moment.
Can my criminal defense attorney accompany me to my arraignment?
In most criminal courts, the arraignment is the initial appearance before a judge when you enter a guilty or not guilty plea to the crime accused. Assuming you file a not guilty plea (as practically every defendant does at this point), the following events occur during the arraignment:
The judge sets a date for the next hearing in your case, considers any bail requests made by you or the prosecutor, appoints a lawyer for you if necessary, and the judge may ask you to “waive time”—that is, give up your right to have the trial or other statutory proceedings take place within specified time frames.
Most individuals can conduct this case without the assistance of an attorney if required. However, having a lawyer, whether court-appointed or privately engaged, is nearly always preferable.
Can I switch criminal defense attorneys if I’m dissatisfied with the one who is currently defending me?
A defendant’s request for a change in a public defender or another court-appointed counsel is seldom granted by a judge. Disagreements over strategic choices between government-paid attorneys and defendants are frequent, but seldom result in a change of counsel. In a serious case, however, a court may allow a defendant’s request for new counsel if the split between a lawyer and a defendant is so extreme that a professional connection is untenable. Incompetence of counsel is another conceivable reason for a change of counsel, although it is uncommon.
Defendants who employ their own counsel, on the other hand, have the right to terminate them at any moment, without the consent of the court (subject to a few exceptions). A defendant is not required to demonstrate “just cause” or justify the termination. After dismissing a lawyer, a defendant may employ another or even represent herself. Changing attorneys will very certainly be expensive. In addition to paying the new counsel, the defendant must pay the original lawyer a percentage of the fee collected by the first lawyer.
The prosecutor’s prerogative to keep proceedings moving on time limits your ability to change counsel. If you wish to change lawyers on the eve of a trial, your new attorney is likely to agree to represent you only if the trial is postponed so the new attorney can prepare. The prosecutor may object to the postponement, maybe because witnesses will be unavailable later. In these circumstances, the court is likely to reject your request to switch attorneys.