When to Hire a Criminal Defense Lawyer

When should you hire a criminal defense lawyer?

Hire one as soon as you are arrested, charged, or contacted by police or investigators about a possible crime. Decisions made in the first hours, such as whether to answer questions, can shape the whole case.

• You were arrested or booked.
• You learned there is a warrant for your arrest.
• Police or investigators ask you to come in or talk "to clear things up."
• You received a citation or summons for a misdemeanor.
• You were charged with DUI or DWI.
• A family member or friend was arrested and asks you for help.
• You are not a U.S. citizen and have been charged with any offense.
• A minor in your family has been charged.

What should you do if police want to question you?

Say clearly that you want to remain silent and that you want a lawyer, then stop talking. The Supreme Court held in Miranda v. Arizona (1966) that a person in custody must be warned of the right to remain silent and the right to an attorney before questioning.

1. State out loud: "I am remaining silent and I want a lawyer."
2. Stay calm and polite. Do not argue, run or physically resist.
3. Do not consent to a search of your person, car or home. You can say you do not consent.
4. Do not explain, guess or try to talk your way out of it.
5. Do not discuss the case on jail phone calls, text messages or social media. Jail calls are generally recorded.

What happens after an arrest?

A case usually moves through a first court appearance, pretrial steps, a plea or trial, and sentencing. Timing varies by court and charge.

Do you have a right to a lawyer if you cannot afford one?

Yes, in qualifying criminal cases. In Gideon v. Wainwright (1963) the Supreme Court held that states must provide a lawyer to defendants facing serious charges who cannot afford one. Courts decide eligibility based on your finances and the charge.

Public defenders are licensed attorneys, and many are experienced trial lawyers. Their offices often carry heavy caseloads, so ask your public defender how they will keep you informed. If you can afford a private lawyer, you choose who represents you. See how to find a lawyer you can afford.

How much does a criminal defense lawyer cost?

Criminal defense lawyers usually charge a flat fee for a defined stage of the case or a retainer billed hourly. ABA Model Rule 1.5(d) bars contingent fees for representing a defendant in a criminal case.

• Ask what the fee covers: bail hearings, pretrial motions, trial, appeals.
• Ask what happens to the fee if the case ends early.
• Ask for the agreement in writing before you pay.

Learn more in how much does a lawyer cost.

Can a criminal case affect immigration status?

Yes. Many charges and pleas can have immigration consequences for non-citizens, including permanent residents. In Padilla v. Kentucky (2010), the Supreme Court held that defense lawyers must advise non-citizen clients about the risk of deportation from a guilty plea.

Tell your defense lawyer your status at the start. Ask whether they work with an immigration lawyer. Our guide on when to hire an immigration lawyer explains what to look for.

What about a DUI and your driver's license?

A DUI or DWI arrest often triggers two separate processes: the criminal case and an administrative action against your driver's license. The license process can have a very short window to request a hearing, sometimes around 10 days. Check the notice you were given and ask a lawyer about the deadline right away.

What should you ask a criminal defense lawyer?

Ask how many cases like yours the lawyer has handled, who will appear in court, what the likely outcomes are, and how the fee works. Use the list in questions to ask at a consultation. Avoid any lawyer who guarantees a result. See red flags when hiring a lawyer.

How do you find a criminal defense lawyer near you?

Browse the criminal defense lawyers in the directory, or search by city or distance. Verify the license first with our guide to checking a lawyer's license and discipline record.