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Closing Thoughts: Choosing The Right Criminal Defense Attorney

  • By: Donald J. Matson, Esq.
  • Published: October 29, 2024
Handshake between client and criminal defense attorney

What to Look for in a Criminal Defense Attorney

Choosing the right criminal defense attorney can make all the difference in the outcome of your case. Remember, this person will advocate on your behalf, representing your story and seeking the best possible outcome for you. Choose someone you trust to be your voice in the courtroom. Here are the key qualifications you should consider:

Experience

First and foremost, look for an attorney with a robust background in criminal defense, particularly in handling cases similar to yours. Experience in navigating the complexities associated with this type of case, as well as the larger criminal justice system, is invaluable.

Specialization

Ensure the attorney specializes in criminal law and has a solid track record in dealing with the specific type of crime involved in your case. Specialized knowledge can provide a significant advantage.

Reputation

Check for positive reviews, testimonials, and ratings from previous clients. Look into any disciplinary actions or complaints with the State Bar. A well-regarded attorney often has a history of happy clients without any episodes of questionable ethics.

Success Rate

Ask about the lawyer’s success rate in cases similar to yours, including plea bargains, dismissals, and trial outcomes. A history of favorable results can be a good indicator of their effectiveness.

Communication Skills

Choose an attorney who communicates clearly, keeps you informed, and is responsive to your questions and concerns. Good communication is key to a strong attorney-client relationship. Look for an attorney that is up to date and willing to use the with the forms of communication that you prefer, whether that be e-mail, text message, or phone calls.

Courtroom Experience

Ensure the attorney has significant trial experience and is comfortable representing clients in court. This is crucial if your case goes to trial. Attorneys that do not go to trial or haven’t been to trial are not going to be able to take your case as far as it needs to go and lose a huge bargaining advantage if it is known that taking a case to trial is not a credible threat.

Analytical Skills

A good attorney should have strong analytical and critical thinking skills to build an effective defense strategy. They need to be able to dissect the prosecution’s case and find weaknesses, as well as assess the relative strength of the prosecution’s case.

Negotiation Skills

Effective negotiation is essential for plea deals and other pretrial resolutions. Look for an attorney who can negotiate favorable terms on your behalf.

Professionalism and Style

Your attorney is a reflection of you. Seek an attorney with a professional demeanor and a distinct style, who focuses on your case when it needs attention, and handles your case with the seriousness it deserves. Professionalism can impact how others—including the prosecution, a judge, and the jury—perceive you and your case.

Bedside Manner

You need an attorney that understands you and where you are coming from, and with whom you feel comfortable speaking and spending time with. I can’t stress this enough: if your attorney is unlikeable, and you’ll know this because you won’t like that attorney, it’s very likely the jury and prosecutor won’t like that attorney either. A good rapport can also ensure better communication and a more cohesive defense strategy. Remember, you will be spending a lot of time with your attorney going over your case.

An Initial Consultation

During your first meeting with a criminal defense attorney, you will be asked a series of questions. These questions are designed to help the attorney gather essential information to evaluate your case, identify potential defenses, and determine the best course of action. Without a doubt, it’s in your best interest to be truthful, open, and honest so your attorney can accurately gauge the strengths and weaknesses of your case. Withholding information or being dishonest will only harm your defense in the long run. Disclose all facts, favorable and unfavorable, and provide information relating to the case whether you think it is important or not. The attorney will guide you as you provide this information. They’ll likely ask you things ranging from:

Your Personal Information

They’ll start with basics like your full name, contact information, emergency contacts, and details about your criminal history, if any. This helps them get a sense of your background and any past encounters with the law and is very relevant when it comes times for sentencing because in federal cases your criminal history has a very large impact on your sentencing guideline range.

Details Of The Incident

The attorney will ask about the specifics of the charges against you. They’ll want to know when and where the incident occurred and will ask you to describe what happened in detail. This helps them understand the context and your version of events.

Your Involvement And Evidence

They’ll inquire about your role in the incident, whether there were any witnesses, and who they are. They’ll also ask about the evidence the prosecution has against you, as this will be critical in planning your defense.

The Arrest And Investigation

Questions will include how, where, and when you were arrested. They’ll ask if you were read your Miranda rights and whether you made any statements to the police and when. What you said and how you behaved during immediately prior to and during the arrest can significantly impact your case.

Past Legal Representation

They’ll ask if you’ve had any prior legal representation for this case and whether you’re currently out on bail or still in custody. This helps them understand the current status of your case and get a gauge for the timeline that the case will progress.

Your Background And Context

It’s important for the attorney to know if you have or have had any mental health or substance abuse issues that might be relevant. They’ll also ask about personal circumstances that could affect your case, like family obligations or employment.

Your Goals And Concerns

Finally, they’ll want to know your primary concerns about the case and what outcomes you hope to achieve. This helps them tailor their defense strategy to your specific needs and goals.

I highly recommend taking the time to thoroughly prepare for your initial consultation with an attorney. This includes thinking long and hard about the dates, times, and circumstances of the events related to the alleged crime. Being able to present these facts clearly, concisely, and accurately, along with the names of possible witnesses, will go far to dramatically streamline the defense process, allowing your attorney to hit the ground running.

They will ask questions to help you expand upon your memories and to uncover more details. Being prepared will still significantly impact the effectiveness of your discussion with them. Sometimes, seemingly minor details can make the difference between guilt and innocence or between a good result and a great one. So, taking the time to reflect and organize your thoughts beforehand can be incredibly beneficial to you and your attorney.

Reducing Penalties

An attorney will have several different strategies to draw from to help reduce the penalties you face or achieve a more favorable outcome in your federal case. A skilled attorney will know just how to tailor your circumstances and your facts to the specifics of your case and your individual situation, working diligently to achieve the best possible outcome for you. Here are some of the key approaches:

Pre-Indictment Advocacy

If you receive a target letter from the government informing you that you’re the subject of a federal investigation or even a letter letting you know that you are a person of interest, it’s time to hire an attorney. They can engage with federal prosecutors before charges are filed, presenting mitigating circumstances that might reduce the severity of the charges or even prevent them from being filed altogether. Similarly, if you are mentioned in an Indictment but not charged, you should hire an attorney.

Plea Bargaining

Negotiating a plea agreement with the prosecution can be a powerful strategy. Your attorney might work out a deal where you plead guilty to a lesser charge or receive a lighter sentence in exchange for cooperation or other considerations. This can significantly reduce potential penalties.

Presenting Mitigating Factors

Your attorney will highlight mitigating factors that warrant a reduced sentence, such as a lack of criminal history, cooperation with authorities, acceptance of responsibility, or unique personal circumstances. These can make a compelling case for leniency.

Challenging Evidence

By filing motions to suppress evidence obtained unlawfully or challenging the admissibility of certain evidence, your attorney can weaken the prosecution’s case. This might lead to a more favorable plea deal or even dismissal of the charges.

Sentencing Guidelines Advocacy

Attorneys can argue for departures or variances from the federal sentencing guidelines based on specific circumstances. They can demonstrate why the guidelines might not be appropriate in your case, advocating for a sentence that better fits your situation.

Restitution And Rehabilitation Efforts

Showing efforts to make restitution to victims or evidence of rehabilitation, such as participation in counseling, community service, or drug treatment programs, can positively influence sentencing. It demonstrates your commitment to making amends and improving your behavior.

Effective Cross-Examination

During trial, a skilled attorney can undermine the credibility of prosecution witnesses through effective cross-examination, creating reasonable doubt about your guilt and weakening the prosecution’s case.

Expert Testimony

Introducing expert witnesses can provide alternative explanations or challenge the prosecution’s evidence. For example, forensic experts or psychologists can offer insights that support your defense.

Post-Conviction Relief

If you’re convicted, your attorney can seek post-conviction relief through appeals, habeas corpus petitions, or other motions to reduce your sentence or overturn the conviction.

What Sets Law Offices of Donald J. Matson, PC. Apart

What sets me and my firm apart in handling criminal defense cases is our unwavering commitment to treating each client with the utmost respect and empathy. I make it a point to place myself in my clients’ shoes to truly understand what they are going through. Having helped hundreds, if not thousands, of people navigate the difficult processes of criminal cases over the past 20-plus years, I’ve learned the importance of compassion, no matter the charges a person is facing.

I pride myself on going the extra mile for my clients. I firmly believe that an attorney is only as good as the last result they achieved. Past successes are not a guarantee of future outcomes, so each and every case is handled with the utmost care and effort to achieve a result that both the client and I can be satisfied with.

In these challenging times, it’s vital to keep your head up and push forward. Taking the step to read this book and learn more about your situation is definitely a move in the right direction, and I am here to support you every step of the way.

For more information on Closing Thoughts, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 600-3437 today.

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