Common Hurdles in Criminal Defense Cases
The most common issues that come up during criminal defense cases between defendants and their attorneys result from poor communication. This can be because the defendant did not ask enough questions of the attorney before hiring him or because the defendant has not been completely honest with their lawyer regarding the circumstances of the case. There are also issues that come up with individuals that are unable to get bailed out or who they jump bail. Any person that finds himself facing criminal charges should seriously consider taking a few simple steps to ensure that they have an attorney that is going to fight hard for them.
One common hurdle that can be avoided results from an individual retaining an attorney that does not have enough experience to offer a comprehensive defense. Depending on the severity of the charges that are being brought forth, it is usually a good idea to try to find an attorney with at least 10 years of experience handling the type of case that a defendant is involved in. The second thing to consider is the number of trials that the lawyer has handled. Some criminal lawyers rarely, if ever, go to trial. These individuals are often referred to as “settling attorneys.”
If the defendant is expecting to go to jury trial, he should seek out an attorney that has experience with things like selecting jurors as well as knowing how to craft persuasive arguments that will affect the judgment ultimately handed down by the jury members. The more jury trials that an attorney has been involved in, the better they will be at successfully dealing with the case leveled against a defendant. If the defendant lives in the state that recognizes specializations then he or she can inquire as to whether or not the attorney has received some sort of extra certification. The National Board of Trial Advocacy also has a certification available that must be reapplied for every five years.
A problem faced by many defendants comes when they realized that the attorney they hired is not necessarily the individual that will be representing them. It is absolutely necessary to ask the attorney about who exactly will be handling the case. Some attorneys take a case only to pass it down to less experienced associates. The fees should also be discussed openly and honestly. If an attorney or law firm requires an upfront amount, this should be discussed sooner rather than later.