14 Qualities Of A Good Criminal Defense Laywer
Choosing the right criminal defense lawyer after being arrested or charged with a crime can profoundly affect your case’s outcome. But what qualities are present in the best criminal defense attorneys? Keep reading to learn how to know if you have a good attorney in New Jersey.
What to Look for in a NJ Criminal Defense Attorney?
Consider these qualities and skills when searching for a criminal defense lawyer:
- Qualifications – Select a lawyer who focuses exclusively on criminal defense. Criminal cases have different procedures than civil trials, and you want an attorney familiar with the rules and judges and prosecutors assigned to your case. Ask whether the attorney is authorized to practice in the court hearing your case, especially if you face federal charges.
- Experience – You want a criminal defense attorney with extensive experience successfully handling criminal cases like yours. That way, you can feel confident that the lawyer knows the potential penalties you are facing and the best possible defenses for your case.
- Client reviews – Choosing a lawyer with positive client reviews can give you peace of mind that you are hiring a skilled criminal defense attorney with a proven record of success.
- Transparency about fees – You deserve to understand how much your defense will cost, so work with a lawyer who clearly explains the fees you can expect to pay.
- Connections with the community – Hiring an attorney with professional relationships in the community can benefit your case. An experienced lawyer familiar with local law enforcement agencies, legal professionals, and potential jurors will have an insider’s perspective on the best approach to your case.
- Integrity – Your defense lawyer should provide straightforward advice about your situation and honest best-case and worst-case scenarios regarding the outcome.
- Strong negotiation skills – If you decide to take a plea deal, you want a defense attorney with solid negotiation skills to push for the best possible deal to minimize the penalties you face.
- Communication skills – Working with an attorney who can break down complex legal issues into plain language will ensure you understand your rights and options. Also, choose an attorney who will respond promptly to your calls and emails — you’ll want frequent updates on the progress of your case.
- Persistence – Get a criminal defense lawyer who will thoroughly investigate your charges and pursue every lead to find supporting evidence to boost your defense.
- Dedication – Your criminal defense attorney should always have your interests in mind, never pushing you to accept a plea deal unless they believe it is the best possible outcome.
- Access to legal resources – Prosecutors have substantial investigative resources to prepare their case against you, so you want a lawyer with access to top experts to level the playing field.
- Confidentiality – A criminal defense lawyer is bound to hold their client’s information in the strictest confidence, so pick one you can be completely honest with.
- Empathy – Facing criminal prosecution is a stressful experience. Your attorney should offer a compassionate, personal approach to your working relationship so you never feel alone.
- Creativity and persuasiveness – A good criminal defense lawyer will think outside the box to identify all possible defense strategies and argue aggressively in court and at trial.
What Does a Good Criminal Defense Lawyer do?
Core Responsibilities and Duties
- Advise on Rights & Make Sure Rights are Upheld: A good defense lawyer immediately informs the client of their constitutional rights and ensures all rights are upheld. This is the most important act a defense lawyer should perform in their duties.
- Case Investigation: Conducts a thorough and independent investigation of the alleged crime. This includes:
- Reviewing police reports, and discovery documents.
- Interviewing the client, witnesses, and alibis.
- Examining the crime scene and physical evidence.
- Legal Analysis: Scrutinizes the prosecution’s case for weaknesses, inconsistencies, and procedural errors, such as:
- Illegal searches and seizures ( Amendment violations).
- Improper police lineups or interrogations.
- Incorrect breath tests.
- Issues with chain of custody for evidence.
- Strategy Development: Formulates a tailored legal strategy based on the facts and evidence, aiming for the best possible outcome.
- Pre-Trial Motions: Files legal motions to challenge the prosecution’s case, such as motions to suppress illegally obtained evidence or motions to dismiss charges altogether.
- Negotiation with Prosecutors: Engages in plea bargaining negotiations to potentially reduce charges, minimize penalties, or secure an alternative to conviction.
- Courtroom Representation: Acts as a zealous advocate for the client in all court proceedings, from arraignment and bail hearings to trial and sentencing.
- Trial Advocacy: If the case goes to trial, a defense lawyer will:
- Select a fair and impartial jury.
- Deliver persuasive opening and closing arguments.
- Cross-examine prosecution witnesses to challenge their testimony.
- Present defense witnesses and evidence.
- Sentencing Advocacy: If a client is convicted or pleads guilty, the lawyer argues for the most lenient sentence possible by presenting mitigating factors to the judge.
Key Questions to Ask Your New Jersey Defense Attoney
Before you hire a defense counsel, you should understand their experience, knowledge, and fees. Having all information will help you choose the right lawyer. To help you, we have divided the questions by categories.
Experience and Trial Record
These questions assess if the attorney has the specific, hands-on experience needed for your criminal case.
- How much experience do you have with my specific type of charge (e.g., DUI, drug possession, assault, federal offenses)?
- How many jury trials have you handled? What is your track record in trial versus negotiating plea agreements? (This helps you understand if they are a true trial lawyer or primarily settle cases.)
- Are you familiar with the prosecutors and judges at the courthouse where my case will be heard? (Local knowledge can be a significant advantage.)
- Have you successfully argued motions to suppress evidence or dismiss charges in cases similar to mine?
Defense Strategy
This set of questions helps you understand how the lawyer views your case and their proposed plan of action. Some of these can be asked before hiring a lawyer, and some after.
- Based on the initial details, what is your preliminary assessment of my case? What are the biggest strengths and weaknesses?
- Are there any potential constitutional issues with the investigation, such as an illegal search, seizure, or Miranda rights violation?
- What is your proposed defense strategy? Do you see this as a case that should be prepared for trial, or one that is better suited for a plea negotiation?
- What are the potential outcomes and penalties I am facing, from the best-case to the worst-case scenario?
- What is your process for investigation? Will you hire a private investigator, interview police officers, or use expert witnesses (e.g., forensic experts, psychologists)?
- Who will be the primary attorney handling my case in court? Will other associates be involved?
Fees and Communication
- How is your fee structured? Do you charge a flat fee for the entire case, or an hourly rate with an upfront retainer?
- What does the initial fee cover? Does it include representation through trial, or are there separate fees for trial?
- Will I receive a written fee agreement that outlines everything we’ve discussed?
- How will you keep me updated on my case? How often can I expect to hear from you or your office?
- What is the best way to contact you in an emergency?
These questions should help you select the right attorney for you unique situation?
Contact an Experienced New Jersey Criminal Defense Lawyer
Don’t try to navigate New Jersey’s criminal justice system without help from an attorney. Get William Proetta Criminal Law on your side. Our hard-hitting legal team has handled thousands of criminal cases ranging from disorderly persons offenses to murder. We can help you understand your charges and provide strong legal representation to protect your interests and secure a fair resolution. Contact us today for a free consultation.
