How do I select a lawyer in a Criminal case?

February 8, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

jeremy@texasdefensefirm.com

(972) 369-0577

In Texas, if you have been charged with an offense you have three basic choices.  You have the choice to plead guilty or not guilty, the choice to testify on your own behalf, and the choice to select a judge or jury to asses punishment if trial is unsuccessful.  These are not simple choices, fun choices,  or easy choices.

Your lawyer should be able to give you as complete a picture as possible with regards to the facts, the law, and the probable outcomes so that you are comfortable making these important decisions.  Additionally, your lawyer should make it their business to be a skilled advocate for trial and/or dealing with the prosecutor or law enforcement.  You need to be comfortable with your attorney and no one attorney is perfect for everyone.

Don’t be afraid to ask questions in your consultation.  Appropriate questions are how many times an attorney has handled this type of case, what percentage of this type of case comprises their current case-load, and how often do they take cases to trial?  These simple questions can tell you a lot about the lawyer such as their willingness and ability to explore every angle of your case.

Some lawyers can be very aggressive in their rhetoric but no lawyer can guarantee you results in any circumstance.  Be very leery of lawyers who do.  You can ask a lawyer their ‘win-loss’ record, but don’t expect many revealing answers.  Cases, people, and their legal situations are like snowflakes.  Sometimes victory means complete acquittal and an expunction and sometimes victory means dodging a legal bullet to the head and taking a flesh wound instead.  Our profession is one of managing countless variables and cramming it into ‘win-loss’ context really doesn’t give anyone an accurate picture.  When I get asked that question, I joke with people that I’m trying to make the playoffs!

Finally, don’t be afraid to visit multiple lawyers.  Attorneys that are good at what they do shouldn’t be bothered by this.  This is your critical decision, after all.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. He is a Super Lawyer as designated by Thomson Reuters.  www.texasdefensefirm.com

1 Comment | DWI, Emergency Protective Orders, Expunction & Non-Disclosure, Murder, probation, sex cases, sex crimes, sex offender registration, sexual assault, Uncategorized | Tagged: , , , , , , , , , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

Should I just talk to the Prosecutor when I go to Court?

February 6, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

jeremy@texasdefensefirm.com

There’s not much in it for you.

The prosecutor may be a nice person.  Most are.  Your criminal record, though, is not as important to them as getting to lunch on time.

Prosecutors are your legal opponent and frankly most have never defended anyone so they don’t understand nuances to keep your record clean.  They don’t understand how to minimize collateral consequences such as professional licensing, immigration, or future enhancement.  Most have never had to crack a book on these issues.  Many will make uninformed representations about your rights and about the effects of your plea.

In fairness to prosecutors, It’s not their job to point out legal and factual weaknesses in their own case which can result in acquittal.  They don’t review a police report critically like a defense attorney would for legal issues, defenses, and inconsistencies.  They see the police report as a checklist and not much more.

Many times people think because they made a mistake or because no one will believe their side of the story – they need to just visit with the prosecutor, take their medicine and get it over with because it’s hopeless and there is no need to spend money on a lawyer.  You may not think it’s a big deal now, but studies have shown criminal records cost people money over the course of their lives.

I have not met a prosecutor that would retaliate against someone for getting a lawyer though I am sure there are some out there.  Most actually appreciate the opportunity to streamline your case.

Talk to a lawyer!

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice you should consult an attorney.

 

1 Comment | Police and Prosecutors | Tagged: , , , , , , , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

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