CRIMINAL LAW FREQUENTLY ASKED QUESTIONS:

Q.: How much will it cost for your firm to represent me?
That depends on what type of case you have and where it is located.  Generally, felonies are more expensive than misdemeanors. Additionally, certain cases take more time to resolve.

Q.: Should I hire an attorney?
Yes. Any criminal charge is very serious and could become more serious during the course of proceedings. There are many pitfalls in not doing the right thing at the right time that can cause problems with your case. Defendants who represent themselves often have no idea what is really going on with their case and have no idea what impact their actions will have on their life.

Q.: Can I get a Public Defender?
Only people who truly need the services of the Public Defender should use the Public Defender as their attorney. The Public Defender is there to help those who have no money and no assets. The Public Defender's Office is also overworked and many of their attorneys simply do not have the time to give a case all the attention it deserves.

Q.: Why do I need to hire an attorney if I am Not Guilty?
Innocent people need an attorney more than anyone. Just because you are innocent doesn't mean you won't be charged and convicted of a crime. The trust doesn't always come out, and innocent people get convicted every day. The system is not set up to be as simple as going to Court and telling the judge your side of the story. The Judge is limited in when, how, and what he or she can hear about your case. Therefore, in order to favorably resolve your matter, you need an aggressive attorney who understands the system and is dedicated to protecting your rights.

Q.: Should I talk with the police?
Generally, this is not a good idea. Many cases are made by the police only because the defendant chose to speak to them. You should not talk to the police and you should not put any statement in writing before consulting with a lawyer. Remember, "Anything you say can and will be used against you in a court of law." Police are permitted to use deceptive tactics and lies in order to get a person to say certain things. In many cases, those statements make the prosecutor's case. You should always consult an attorney before speaking with the police, and the best scenario is to have counsel with you during all police encounters.

Q.: Charges have not been filed. Should I wait to hire an attorney?
No. In some cases, an attorney can help prevent charges being filed against you. Charges get filed all the time that should not be. Police and prosecutors make errors. The time before charges are filed is very important. Having an attorney who can make sure that all favorable evidence gets preserved and investigated in a timely fashion is worth its weight in gold. Police and prosecutors are capable of being persuaded. You must have a lawyer who is capable of getting their attention. More important, you need an attorney who can persuasively communicate all mitigating information. A lot of this stuff is simply people skills and your defense attorney's ability to communicate with both the police and prosecutors.

Q.: Charges have been filed. What's next?
Once charges have been filed, it is imperative to have counsel who is able to look at the state of the evidence and correctly determine whether the prosecutor can actually prove his or her case. You want to have an attorney who will actually sit down with the prosecutor and present your version if it is appropriate to do so. It is surprising how many defense attorneys never do this. A simple meeting or phone conversation with the right person can result in the dismissal of all or a portion of your case.

If it is determined that the evidence against you is too strong to obtain a dismissal of charges, you have to have an attorney who is able to correctly determine whether a trial is in your best interest or whether a negotiated plea is the best decision. An effective criminal defense attorney can often get an offer for a client that is simply too good to pass up. You have to have an advocate with strong negotiation skills. Using private investigators and experts is often necessary to properly examine the prosecution's evidence. The attorney is the one who will be responsible for choosing these people. Pre-trial motions are often necessary to get a dismissal or a better disposition. Once a decision has been made to go to trial, you need an attorney with the experience and knowledge to effectively develop your case in order to persuade a jury that there is a reasonable doubt as to your guilt. Having counsel with the ability to argue effectively is critical.

To learn more about criminal defense and procedure in Southern California, please contact the Law Offices of Amanda Hill at (310) 601-8784.