Questions to Ask while Hiring a Criminal Lawyer
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A criminal defence lawyer in Hamilton can be a valuable asset while facing criminal charges because they can help you understand what’s going on and go over potential defences. Choosing the right criminal defence attorney is critical when it comes to advocating for your rights and protecting your freedom. If you’re contemplating hiring a criminal defence attorney, here are a few questions you should ask them when you schedule your initial consultation.
When you need a criminal defence lawyer, time is of the essence. Depending on your case, your lawyer will need time to gather information and prepare court proceedings. While you need legal help immediately, you should fully vet your lawyer before hiring them. Criminal law is a serious matter, you will want a lawyer dedicated to getting you the best outcome for your case. If you’re facing criminal charges in Hamilton, contact a criminal defence lawyer from Hamilton Criminal Lawyer Firm at 289-203-1144 today.
While interviewing a criminal defence lawyer, be sure to ask these ten important questions:
Because of the serious consequences of a criminal conviction, it is important to know that your lawyer has the experience and expertise to handle your case. You will want to know how long your lawyer has been practising, whether they practice exclusively in criminal law, and if they specialize in any specific offences. If you are charged with a serious sexual assault for example, it is best to hire a lawyer with considerable experience taking sexual assault cases to trial. Knowing that your lawyer has repeatedly defended clients facing similar allegations is essential to having confidence in their professional judgement and advice.
Oftentimes, lawyers work as a team with other members of their firm, including associates, students, and paralegals. It is common for senior counsel to have firm members assist them with smaller tasks such as administrative court appearances and drafting of documents. Confirm that your lawyer will personally attend your trial, be responsible for all decision-making, and oversee the work of any individuals assisting with your case.
Communication is the key to a successful lawyer-client communication. Oftentimes, breakdowns in lawyer-client relationships are the result of poor communication by one or both parties. As your case progresses, you will need to be in contact with your lawyer to receive updates and provide instructions. Your lawyer may prefer that you book appointments in advance to ensure they are available to speak to you about your case. Ask your lawyer how they prefer to communicate with their clients. At the same time, let your lawyer know your availability based on your work schedule, family obligations, or any other obligations you have. It is important to know whether your lawyer can schedule meetings on evenings or weekends if required and whether they can be reached after hours in emergencies.
This is an important question to ask at the outset of your case. The fees associated with a criminal manner can vary significantly based on factors including the complexity of the case if it is likely to go to trial, how long that trial is estimated to take, and the experience level of the lawyer. Lawyers may charge by the hour or charge a ‘block fee,’ which is a fixed sum that covers all the lawyer’s work concerning a specified task. It is important to discuss what is included and excluded from any quote, so you are not surprised by unexpected fees later in the court process. If you are concerned about your ability to pay, ask your lawyer about a payment plan.
At your initial consultation, your lawyer will review any information and documents you can provide and explain your options moving forward and the potential outcomes. Depending on how recently you were charged, you may only have a brief synopsis of the allegations you are facing and the Crown’s evidence against you. It may be that your lawyer needs more information before they recommend what you should ultimately do. In any event, ask your lawyer what their strategy will be moving forward and what the immediate next steps are for both of you. You should end the consultation feeling confident about the next steps and that your lawyer will continue to advise you as they obtain more information.
There are many ways in which to choose a good criminal lawyer. First, obtain a referral from someone you trust. Second, Do your research by asking around or reading online reviews about the lawyer. Finally, meet face-to-face with the lawyer to assess them yourself. Hire an experienced and competent lawyer who will fight for your rights.
If your lawyer is not doing their job you should bring this to their attention. Provide your lawyer with an opportunity to address your concerns. If your lawyer is unable to do so, terminate your relationship with them in writing. Have your previous lawyer removed as your counsel of record and arrange to have your file materials returned to you.
Lawyers can fight hard for you and defend your rights but they cannot get you out of anything. Each case or claim turns on its facts. A lawyer’s job is to advocate for their client however the ultimate decision as to liability or acquittal lies with the judge or jury.
A lawyer can keep you out of jail by securing a withdrawal, acquittal or non-custodial sentence in your case. Relevant factors include the strength of the prosecution, age of the offender, prior criminal record, acceptance of responsibility, expressions of remorse, the potential for rehabilitation and support in the community.
Lawyers who practice criminal law are most often referred to as criminal lawyers. Criminal lawyers are made up of both defence lawyers and prosecutors/Crown Attorneys. State-funded defence lawyers are commonly referred to as public defenders or duty counsel.
Lawyers are officers of the Court and can get in trouble for lying. They can be prosecuted criminally for obstructing justice, fraud or committing perjury. Lawyers can also be sued civilly for lying to their clients and will also likely receive some form of punishment/suspension from their governing professional body for lying.
You should contact your lawyer as often as need be to satisfy yourself that your case is being handled to your satisfaction. You should not contact your lawyer needlessly. If you are paying your lawyer by the hour, this may prove costly. If you have agreed to a block fee or contingency fee, needless calls will annoy your lawyer.
Each client pays his/her lawyer usually in advance of the case beginning. Most lawyers would not take on a case unless the payment had been made at least in part. The payment has nothing to do with the outcome of the case.
Caution should be used when trusting a public defender or duty counsel to handle your case. While most public defenders are trustworthy and hard-working, overtaxing workloads, often poor working conditions, insufficient or non-existent support staff and below-market pay make it difficult for a public defender to properly defend a case.
Some things you should not do in court include: lying, answering a question you do not know the answer to, guessing, agreeing with the examiner to avoid appearing stupid or disagreeable, chewing gum, talking with your hands in front of your mouth, wearing flashy clothing or jewellery, looking away from the judge or jury, or losing your temper.
Nothing happens if you lose a case as a lawyer. Lawyers typically get paid even when they lose cases. Lawyers are usually hired to advocate on behalf of a client as opposed to obtaining a specific result. In some cases, a lawyer agrees to contingency fees where they get paid if and only if the plaintiff wins or there is a settlement.
In a criminal case, you have to pay a lawyer even if you lose. Criminal lawyers are charged for their time, effort and expertise. You may not have to pay your lawyer if you lose a civil case if you have a contingency fee agreement with them.
Were you arrested or charged with a crime in Hamilton? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defence attorney as soon as possible about your case. The attorneys at Hamilton Criminal Lawyer have successfully represented clients in Hamilton. Call 289-203-1144 or fill out the online contact form to schedule a consultation with a member of our legal team.