What Should My Criminal Attorney Be Doing?
Everybody wants a good lawyer who is going to get them a positive result in their criminal case. However, many people do not know what to look for in a lawyer. They are unsure what expectations to have when searching for a lawyer. And there are some people wonder what they should expect from their criminal defense attorney once the legal representation has begun.
The article will provide you with general knowledge and guidance needed to ask the right questions when you are looking for an attorney. If you already have an attorney, this article will give you pointers on what your defense attorney can or should do to achieve the best possible outcome in your case.
The following list outlines the steps and actions an attorney can or should take once the representation has begun.
- Prompt delivery of letter of representation: After you enter into an agreement with an attorney to represent you, that attorney should send a letter of representation to all relevant parties so that they are aware that you are represented by a lawyer. Doing so promptly is crucial because it notifies the opposing party that you are represented, and it prohibits the opposing side from contacting you directly. In order to ensure that your lawyer has done this, you may simply check in soon after the agreement has been made and ask if a letter of representation has been presented to all relevant parties.
- Teamwork: Working with your attorney requires teamwork. The attorney should ask you what your priorities are in your case and your situation and what matters to you most. Your attorney should go over your charges and the elements that the prosecution will be required to prove for a conviction. Your attorney should go over your sentencing exposure, including the worst and best outcomes possible in your case. Give your attorney all the names of witnesses, leads and other sources of evidence to investigate for your defense. Ask your attorney if there is anything else that you can provide to them that can help negate the elements of the charges against you. The attorney-client relationship should be collaborative, and it is imperative that you help your attorney so that your attorney can help you. Promptly obtain and provide all the information that your attorney asks you provide or give the requested information to your attorney so your attorney can investigate.
- Obtain discovery and evidence: Your attorney must know all the facts of the case and know them well. This requires knowledge of the evidence the prosecution possesses, which is obtained through the discovery process. Your defense attorney will likely have to spend hours sifting through police reports, body-worn camera footage, audio recordings of witness statements, and other digital evidence. If an attorney neglects to thoroughly obtain and review all the evidence early in the case, you may be at a significant disadvantage. Make sure to check in with your attorney to ensure that discovery has been successfully obtained and reviewed.
- Gaining full access to the evidence may require filing a formal letter requesting discovery. This is a formal document from your lawyer requesting that evidence be provided. If the prosecution does not comply with the formal request, your attorney may need to file a motion with the court. You may ask your attorney to see if all discovery has been requested.
- If you are aware that there is a certain type of evidence that may be helpful or detrimental to your case, you can ask your attorney about it. For instance, if you’re aware that there is a body-worn camera footage of an arrest that can help prove your innocence, ask your attorney whether the DA’s office has provided it. This will ensure that your attorney has the time to properly review all the relevant evidence for your case.
- Carefully review and analyze all discovery: Once your attorney obtains the discovery, a long review process may ensue requiring the attorney to spend hours watching video footage, reading documents, and highlighting important bits of information that can be used to build an effective defense. If your attorney has not provided any updates on your case for some time, it may be a good idea to check in and ask them how the evidence review process is going.
- For instance, an attorney may spend a significant amount of time reviewing body-worn camera footage. This footage can run for hours and include interviews with multiple witnesses. A careful review of the evidence is critical because it may highlight some fact or error that can be used for your benefit. Details like these may be difficult to catch, so it’s important that your attorney review the evidence early and obtain missing discovery from the DA.
- Review charges brought against you: In a criminal case, the prosecution must prove all the elements of every charged offense beyond a reasonable doubt. Charges may be for a felony or a misdemeanor, and the potential sentences and collateral consequences for charged offenses vary widely. Thus, it is important to have a conversation with your attorney and make sure you understand the specific elements that the prosecution will be required to prove against you using the standard of beyond a reasonable doubt. If you have evidence that negates or undermines any of the elements of the charges against you, you must tell your attorney so your attorney can investigate it accordingly. Every case is unique. Your attorney should be reviewing your case to reveal possible weaknesses, mistakes, violations of your rights or inconsistencies which can be used to maximize your chances of success in the outcome of your case.
- Ensure sufficient interaction with client: When an attorney has agreed to represent you, it is important to have updates on the status of your case. If your lawyer has neglected to meet with you or repeatedly cancels meetings, or fails to provide reasonable updates, this may be an indicator that attorney is not be prioritizing your case.
- Don’t be afraid to demand a meeting with the attorney. If you prefer a face-to-face meeting rather than a phone call or Zoom meeting, make sure to express your preference. Of course, every attorney is different in terms of availability, preferences, hours, and methods of communication. Attorney, especially trial attorney, are usually very busy but responsiveness to you as the client should be a priority.
- Search for errors and inconsistencies committed by law enforcement: Sometimes law enforcement officers or the DA’s Office make mistakes in the investigation or the filing of charges against you. Errors by law enforcement or the DA’s Office can negatively impact your case and place you at a disadvantage from the outset. A careful review of the evidence is critical to determine if your rights were violated during the process of arrest. It is possible that the officers who arrested you took some shortcuts or violated your procedural or constitutional rights. In order to find these potential violations, your attorney must carefully review the details of your case to discover all possible defenses which your attorney can then use to negotiate a lower sentence or even obtain a dismissal of charges. Sometimes, based on the arrest, your attorney may be able to intervene early before charges are filed and provide new information to the DA’s office, which can preempt a filing.
- An example of this tactic may be in a DUI case. If the police officer who pulled you over for a traffic stop violated your rights or did not have sufficient reason to do so, this is something that your defense attorney must issue-spot and bring up during your case. Your constitutional and due process rights must be protected at all times. If you have provided your lawyer with all the facts, your lawyer should analyze them carefully to see how this information can be used in your defense.
- It is not uncommon for a case to be thrown out of court completely on the basis of a violation of an important constitutional or due process right. Whether or not the error was deliberate, your attorney should be able to highlight this problem, which could lead to a dismissal of your case.
- Ensure you provide your attorney with as much information as possible so that they can build a successful defense. This is why your attorney should ask numerous questions regarding the events leading up to and during the arrest and the circumstances of the alleged offense to get a full picture of what happened. Details matter, and a good attorney will ask you a lot of questions to be able to identify information and evidence that can uncover evidence to be used in your defense.
- An example of this tactic may be in a DUI case. If the police officer who pulled you over for a traffic stop violated your rights or did not have sufficient reason to do so, this is something that your defense attorney must issue-spot and bring up during your case. Your constitutional and due process rights must be protected at all times. If you have provided your lawyer with all the facts, your lawyer should analyze them carefully to see how this information can be used in your defense.
- Provide all possible courses of action: Your attorney should know what the priorities are for you in your criminal case. There needs to be clear communication about what is most important to you. Your attorney should have a good idea of what the best method is to handle your criminal case depending on your circumstances and your priorities. Your attorney should know the techniques and tactics that are effective and should be able to make a recommendation for the best outcome possible. Although there are general patterns of crimes and defenses that are common in the field of criminal defense, there is no cookie-cutter approach: every case is different, and every defense must be customized to the specific facts of the case to meet the unique needs of the client.
- Make sure to ask your attorney what all possible courses of actions are so that you are aware of your options. Making a decision is easier when you are well informed with all the possible outcomes in your case, including the strategy for your defense. You will feel empowered if your attorney makes the effort to ensure that you have the full information to make the best decision you can for your case. Make sure to ask your attorney: “Are these all my options? What else could we do? Is there some other way we can accomplish this objective, if I’m not comfortable with this current method?”
- At the same time, your attorney should also accurately represent the risks associated with every course of action. Some decisions may seem very attractive to you or your lawyer but these decisions may be accompanied by risks or other collateral consequences that may not be optimal in your situation. Because of this, it is also extremely important that your attorney accurately conveys what the potential risks are at every decision point.
- Timelines: Ask your attorney what the expected timeline is for your case to conclude. Tell your attorney about any timelines that are important for you. It is frequently not possible to give a specific timeline for a case disposition. Sometimes cases resolve or get dismissed very quickly. More complex cases take longer to resolve, go to trial or get dismissed. If you are granted diversion, it may be months or years before your case is dismissed.
- Investigation: Good criminal defense attorneys conduct a thorough investigation of their cases. This includes hiring experts, collecting witness statements and other documentary or digital evidence that can be used to build your defense, provide mitigation for the crime and present persuasive facts relating to your professional and personal background.
There are many factors to consider when evaluating the efficiency, performance, and attention that your criminal defense attorney dedicates to your case. Cases are factually unique and require a customized approach to figure out the best defense strategy, tactics and techniques. Undoubtedly, criminal defense requires a high level of skill, client service, expertise, and attention to detail that only a committed, compassionate, and experienced professional can provide.
Here at Knight Law, our passion is to help our clients obtain the best outcome possible for their cases. We consider the unique needs of our clients, their priorities, personal and professional backgrounds and treat them like we want to be treated. This approach contributes to our success in the field of criminal law and is reflected by the numerous five-star client reviews and ratings we continue to receive from our clients.
Don’t wait—protect your rights and defend your freedom today. Work with a former prosecutor who knows all the tactics and techniques that the prosecutors will use to convict you. Call (408) 877-6177 for a free consultation with our Founder and CEO, Nana Knight.
