Q: Won't I be better off if I am honest from the start with the police? A: No. Generally you should always politely decline to make any statements to the police. You should cooperate by providing your correct name, address and birth date, but that is all you should say. If the police are asking you questions about a crime that means they are interested in building a case against you and arresting you, without exception. Police are allowed to lie to you about their intentions to try to trick you into making incriminating statements. You should always politely decline to answer questions and ask for a lawyer immediately when questioned by the police. This is always true, whether you are actually innocent or not. Q: Do I need an attorney for even a minor criminal or motor vehicle matter? A: Typically hiring an attorney is a good idea to make sure you are treated fairly by the prosecutor and the court. However if you believe your matter is simple and straight forward and you want to try and save the money, you can represent yourself. Usually the prosecutor will be clear and tell you if you must hire an attorney because the matter is serious. But without counsel to protect and advise you throughout the pretrial process, it is hard to know what to say and more importantly what not to say. Sometimes it is very important to remain silent to protect yourself. When in doubt make no statement and hire an attorney. Q: What if I cannot afford my own attorney? A: In criminal cases you may qualify for a public defender if you cannot afford your own lawyer. The public defender will tell you if you qualify after you submit your application. If you do not qualify for a public defender you must hire your own attorney or represent yourself. Usually the court will give you at least a month or more to pull together enough money to hire an attorney if you make the request. Q: If I qualify for the Public Defender, should I still try to get my own attorney? A: Public Defenders are typically experienced, competent attorneys who will do their very best for you. However they have large case loads and they are sometimes treated with less consideration than private counsel by the prosecutor and the court. Private counsel usually puts the best "face" on your case. In matters where your liberty is at risk, you may want to make every effort to hire the most effective attorney possible. Q: How should I go about choosing an attorney? A: Look for an attorney who has a good working relationship with the prosecutors and the court where your case is being heard, and who is interested in explaining to you how they intend to defend your case. The best way to find such an effective criminal attorney is to ask for referrals from people who know. This can be a friend, family member or your bondsman. Ask prospective lawyers about their experience and knowledge of the law effecting your case. Trust your instincts and don't fall for bragging or scare tactics. Be suspicious of very low retainers or very high retainers. Ignore expensive advertising and fancy office space - it is paid for with high retainers and large case loads. Neither of those factors necessarily work for you. Q: Should I try to reach a plea bargain or go to trial? A: The simple truth is that most cases that are more serious than a speeding ticket end with some sort of plea bargain. This saves the state, the court and you money and time. Your attorney should work hard to make sure the plea offer you receive is favorable. The best way to do that is to be prepared to take your case to trial. If an acceptable plea offer is not forthcoming from the prosecutor the decision to go to trial is crucial. Your attorney should carefully explain your options and the risks before you turn down a plea offer and take your case to a jury. Beware of attorneys who seem timid about going to trial. Be just as wary of lawyers who short change the plea bargain process and seem eager to go straight to trial. It won't be the attorney who goes to jail if you are found guilty. Your best interests should always come first. Q: I just want this over with. Why cant my lawyer move faster? A: Where bond cannot be obtained or afforded and pretrial confinement can therefore not be avoided, that may be a good reason to move a case faster. But in almost every case patience equals strength. Most often delay works for the client. Tempers cool, memories fade and parties grow tired of an aging case that has been around for too long. While it is hard to wait for closure, you should not push your attorney to wrap up the case because you may be pushing for a bad result.
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