The Right Questions to Ask Before Hiring a Criminal Defense Attorney
When you’re facing a criminal charge, the person you choose to stand beside you in court is one of the most significant decisions you will make. The right questions reveal an attorney’s experience, communication style, and strategy. The wrong choice has lasting consequences on your freedom, finances, and future.
This guide provides a clear framework of questions designed to help you look beyond the promises and evaluate a lawyer’s actual ability to handle your case. We will cover their direct experience with cases like yours, their plan for your defense, and how they will manage your case from start to finish.
If you have a question about a recent arrest in Los Angeles, call the Rodriguez Law Group at (213) 995-6767.
Key Takeaways for Hiring a Criminal Defense Attorney
- Verify an attorney’s specific and local experience. Ask how many cases like yours they have handled in the same courthouse where you are charged, as familiarity with local prosecutors and judges is a significant advantage.
- Demand a clear preliminary strategy for your case. A competent attorney should provide an initial assessment, outline potential strengths and weaknesses, and explain the next steps in the legal process.
- Request a transparent, written fee agreement and a clear communication plan. Understand all costs upfront and establish clear expectations for how and when you will receive updates on your case to prevent future misunderstandings.
Why the First Conversation is More Than Just a Consultation
Choosing a criminal defense attorney based on a quick search or a flashy advertisement without asking deeper questions leads to serious problems. An unprepared or inexperienced lawyer might miss deadlines, fail to challenge evidence, or push you into a plea bargain that isn’t in your best interest. The consequences affect your job, your family, and your future for years to come. The court system is backlogged, and you need someone who keeps your case moving forward effectively.
The initial consultation is your opportunity to interview the attorney. By asking specific, targeted questions, you shift from a position of uncertainty to one of control. This guide is your roadmap for that conversation.
The Foundational Questions: Gauging Experience and Local Court Knowledge
An attorney’s past experience is a strong indicator of their future performance. These questions focus on their practical history with cases and courts like yours, helping you understand if they have the relevant background to handle the specific challenges you face.
How many cases similar to mine have you handled in Los Angeles County courts?
You need to know if they have specific, hands-on experience with your type of charge—whether it’s a DUI charge, a domestic violence allegation, or a drug offense—and, just as importantly, in the specific courthouse where your case will be heard.
Los Angeles County has one of the largest court systems in the world, and each courthouse has its own culture. Familiarity with the local prosecutors, their typical strategies, and the tendencies of the judges who will preside over your case is an invaluable asset. An attorney who regularly appears in that courthouse understands the unwritten rules and relationships that influence a case.
Listen for specific examples, not just a number. A good answer will sound something like, “We handle dozens of DUI cases in the Clara Shortridge Foltz Criminal Justice Center each year. We know how the District Attorney’s office there typically approaches these charges.”
Who will be the primary attorney handling my case?
In some firms, you might meet with a senior partner during the consultation, only to find that a junior associate is doing most of the actual work on your case. You are hiring the person who will be your main point of contact, appear in court for you, and be responsible for your defense strategy. You have a right to know who that person will be.
The California Rules of Professional Conduct require clear communication between an attorney and their client. This includes being transparent about who is responsible for the case. Ask to meet the person who will be handling the day-to-day aspects of your case. You must feel comfortable and confident with them and that the firm has a clear system for internal communication to ensure nothing falls through the cracks.
What is your track record with these types of cases? Can you discuss some past outcomes?
While no attorney can guarantee a specific result, they can discuss their experience. This discussion paints a picture of their ability to analyze evidence, develop defense strategies, and negotiate with prosecutors.
A confident criminal defense attorney can discuss how they approached past challenges without violating attorney-client privilege or promising a particular outcome. They should explain, in general terms, how they challenged evidence, negotiated with prosecutors, or presented a case to a jury.
Be wary of any lawyer who makes absolute guarantees or seems hesitant to discuss their past work.
The Strategic Questions: How Will They Approach Your Defense?
Once you have a sense of an attorney’s experience, the next step is to understand how they think.
Based on what I’ve told you, what is your initial assessment of my case?
This question immediately focuses the conversation on your specific situation.
A thoughtful answer will identify potential strengths and weaknesses based on the initial information you’ve provided. The attorney might mention the need to review police reports, body camera footage, or witness statements through the formal process of discovery. This is the pre-trial phase where each party obtains evidence from the other side.
This type of response shows they are already thinking critically about your defense. You want an attorney who is honest and realistic, not one who tells you only what you want to hear.
What is your general philosophy on plea bargains versus going to trial?
Every case is different, but every lawyer has a general approach. Some are quick to negotiate a plea, while others are more prepared to take a case to trial. A plea bargain is an agreement where a defendant pleads guilty in exchange for a concession from the prosecutor, such as a reduced charge or a lighter sentence. This resolution avoids the risks of a trial, but your lawyer should not default to it if a strong defense exists.
You are looking for a balanced perspective. The ideal answer demonstrates a willingness to prepare every case as if it is going to trial, which is the best way to be ready to fight in court if necessary. It also shows the skill and judgment to negotiate effectively when a plea agreement is truly in your best interest. They should be able to explain the pros and cons of each path as it relates to your situation.
What are the next steps, and what is the general timeline for a case like this?
This question tests an attorney’s ability to explain a complex process in simple, understandable terms. A good lawyer outlines the key stages of a criminal case: the arraignment (where you are formally charged), pretrial motions (where evidence is challenged), the discovery review, and the potential for a trial.
Their answer should give you a clear, albeit tentative, roadmap of what to expect. It should make you feel like you are in capable hands and that there is a plan in place. They might also mention that court backlogs from recent years affect timelines, which shows they are aware of the current conditions in the Los Angeles courts and are setting realistic expectations.
The Practical Questions: Fees, Communication, and Your Role
What is your fee structure, and what does it cover?
Ask if the attorney charges a flat fee or an hourly rate.
- A flat fee typically covers all work up to a certain point, such as through pretrial motions or a trial itself.
- An hourly rate means you pay for the time the attorney and their staff spend on your case.
Be sure to ask what is included. Does the fee cover costs for private investigators, expert witnesses, or court filing fees? Request a written fee agreement that details all potential costs. A transparent and professional firm will have no problem providing a clear, detailed agreement that leaves no room for surprises.
How will you keep me updated on my case, and how often should I expect to hear from you?
Lack of communication is one of the most common sources of frustration for clients. You need to know how the firm will communicate with you—whether by phone, email, or a secure online portal. It is important to set expectations early about response times for your questions and how frequently you will receive updates, even if there is no new development.
The answer should align with your needs. If you prefer regular, scheduled updates to ease your mind, make that clear. A good firm will have a clear communication policy and will work with you to ensure you feel informed and involved throughout the process.
What do you need from me to help build the strongest defense?
The attorney’s answer will reveal how they view the client’s role. They will likely ask for complete and total honesty above all else. They may also ask for a list of potential witnesses, any documents or electronic evidence you may have, and your commitment to being available and responsive.
Your cooperation is a key component of a successful defense. Being prepared to be an active participant demonstrates to the attorney that you are serious about your case, which in turn helps them build the strongest defense possible on your behalf.
Warning Signs: Red Flags to Watch For
As you ask these important questions, also be on the lookout for signs that an attorney may not be the right fit. A quick, scannable list of things that should give you pause includes:
- Guarantees of a specific outcome: Promising a dismissal or an acquittal is unethical and impossible for any lawyer to do.
- High-pressure sales tactics: You should feel informed and confident in your decision, not pressured into signing an agreement.
- Vague answers to specific questions: If they cannot answer the questions outlined above clearly and directly, it is a major red flag.
- Lack of a written fee agreement: All financial arrangements should be clearly documented to protect both you and the attorney.
- A disciplinary record: Always check an attorney’s record with the State Bar of California before hiring them.
Frequently Asked Questions About Hiring a Criminal Defense Attorney
Should I hire an attorney before I’ve been formally charged?
Yes, if you believe you are under investigation for a crime. An attorney sometimes intervenes early in the process, speaks to law enforcement on your behalf, and potentially provides information that prevents criminal charges from being filed at all. This is known as a pre-file investigation, and it is a highly effective way to protect yourself.
Does it matter if my attorney primarily practices in Los Angeles?
Yes, it makes a significant difference. An attorney who is in the local Los Angeles County courthouses every day understands the tendencies of the judges and the common strategies used by the prosecutors in that specific jurisdiction. This local knowledge is a distinct advantage.
What is the difference between a public defender and a private attorney?
Public defenders are government-appointed lawyers provided to individuals who cannot afford to hire their own. Many public defenders are dedicated and highly skilled attorneys. However, they typically manage extremely high caseloads, which limits the amount of time and resources they devote to any single case.
A private attorney generally has a smaller caseload, allowing for more personalized attention and a more thorough investigation of your case.
Can I change lawyers if I’m unhappy with my current one?
Yes, you have the right to change your legal counsel at any point in your case. However, doing so sometimes causes delays, as your new attorney will need time to get up to speed. It is always best to invest the time and effort to make the right choice from the beginning by asking the right questions.
What does attorney-client privilege protect?
This is a foundational legal principle that ensures your conversations with your attorney are completely confidential. This protection allows you to speak honestly and openly about every detail of your case without fear that your words will be used against you. This open communication is necessary for your attorney to provide the best possible defense.
How much does a criminal defense attorney in Los Angeles cost?
The cost varies widely based on the complexity of your case, the seriousness of the charges, and the attorney’s experience. Many defense attorneys use a flat fee structure, which covers all work up to a specific stage, such as trial. Others charge an hourly rate.
During your consultation, ask for a detailed written fee agreement that outlines all costs, including potential expenses for investigators or expert witnesses, so there are no surprises.
What should I bring to my first meeting with a criminal defense lawyer?
Bring all documents related to your arrest. This includes the police report (if you have it), any citations or tickets, bail or bond paperwork, and a list of court dates. You should also write down a timeline of events as you remember them and a list of any potential witnesses.
The more information you provide, the more productive the initial consultation will be.
Should I talk to the police if they want to question me?
No. Exercise your right to remain silent and your right to an attorney. Clearly and politely state, “I am exercising my right to remain silent, and I would like to speak with my lawyer.”
Do not answer any questions, offer explanations, or try to talk your way out of the situation without your attorney present. Anything you say can be used against you, even if you believe you are innocent.
Take Control of Your Defense
The Rodriguez Law Group handles criminal defense cases throughout Los Angeles. We are familiar with the courts, the prosecutors, and the unique challenges people here face when they are accused of a crime.
To get answers to your questions about a criminal charge, call us for a consultation at (213) 995-6767.
Our Locations
Los Angeles Office 626 Wilshire Blvd Suite 460 Los Angeles, CA 90017
