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Article #25: Eleven Attributes Of A Good Criminal Defense Attorney

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People often ask me how to determine if a family members of the person charged with
Criminal Defense Lawyer is good or not. a crime. Family may mean well when asking
Having practiced as a San Francisco questions, but unless the client
criminal defense attorney throughout authorizes the attorney to talk about it,
California for thirteen years I have anything said about the case should
developed some opinions about this, which remain private and confidential.
are laid out in the eleven rules below. 6. Consider any immigration consequences:
These attributes can help make the Anyone who is not a citizen must be
difference between a good, bad or especially careful when facing criminal
mediocre result. Remember that good charges. Any conviction or even an
criminal defense lawyering is as much an admission without entry of a judgment,
art as a technical skill. There is no can result in deportation, exclusion from
substitute for experience. On the other re-admission or denial of citizenship.
hand it is unfortunately true that some This is unfortunately a highly
veteran lawyers are tired of practicing misunderstood area of the law by many
law or have been doing it the wrong way criminal lawyers. Understanding these
for so long, they cant change their ways. rules is critical whether you are dealing
These rules apply to all criminal cases, with a San Francisco DUI attorney, San
whether drunk driving, driving under the Francisco criminal lawyer, San Francisco
influence, drugs, fraud, assault, criminal defense attorney, Oakland DUI
battery, domestic violence or others. Of lawyer, Hayward or any attorney from
course they are no different whether you elsewhere in the country.
are looking for a San Francisco criminal 7. Communication with the client:
lawyer, an Oakland lawyer, Hayward lawyer Part of why a person hires a criminal
or a lawyer from another part of the lawyer is to understand what is happening
country. The rules apply everywhere. in the case as it goes along. A criminal
1. The lawyer must care about the result defense attorney must talk about it with
and the clients well being: the client on a regular basis.
This may seem obvious but it is important 8. Investigation:
for lawyers to remember how important a In most cases the client should allow the
case is to the person charged with a criminal defense attorney to hire an
crime. Criminal charges can bring intense investigator to interview witnesses. If
stress in all areas of a persons life, the police did it to gather evidence
including professional, financial and against you, why wouldnt you want to do
family life. This rule applies whether it in your own defense. It costs money
it is a simple DUI matter or a serious but it would be penny wise and pound
fraud or homicide allegation. foolish to skimp on this part of your
2. Get to know the client and his or her defense - that is, unless you agree with
life situation and background: the police version of the facts.
I cannot tell you the number of times 9. Legal research and motions:
that the unique facts of a persons life, Any San Francisco criminal defense
or stresses which they are under, strike attorney must be sure to understand the
a note of sympathy with judges when elements of an offense, that is, what the
negotiating the outcome of a case, or at prosecutor has to try to prove in order
sentencing. More importantly these facts to get a conviction. Many times the
can make a big difference with a jury prosecution cannot do it, but you wouldnt
should a person accused with a crime know it unless you looked at the precise
chose to testify in his or her own elements. Also many searches resulting in
defense. police finding drugs or other contraband
3. Work quickly to try to get the person are illegal and should be challenged by
out of jail: the criminal lawyer.
Needless to say, if a person is in jail 10. Negotiation:
and hires a criminal lawyer, they are The way in which a criminal defense
expecting the lawyer to make every effort attorney negotiates a case can make the
to gain their release from jail. There difference in a good or bad result. Bear
are several things that can be done by in mind that not all cases can or should
the criminal defense attorney to make resolve by negotiation. Sometimes your
this happen, including motions to set or best option is to fight the case all the
reduce bail, motions for release on their way to jury trial.
own recognizance, or, in the case of a 11. Trial
San Francisco criminal lawyer or San Only about five to ten percent of cases
Francisco criminal defense attorney, a go all the way to jury trial. However for
request for supervised release. For some the case that we think we can win, jury
people that own property, a motion to trial is usually the best option. On the
post real estate in lieu of cash is a down side, it is more expensive. That is
good way to avoid paying a ten percent because it should take intensive
premium to a bail bondsman. preparation for the lawyer. It can be
4. Consider the effects of a criminal stressful and time consuming for you, the
case on a persons profession, or future client. But when you win, you walk out
profession: the door with no conviction on your
Many convictions can result in the loss record. If the judge and prosecutor
of business or professional licenses. Any refuse to offer you a reasonable
trade that requires a state license, alternative, and if you have a workable
including hairdressers, nurses, case, jury trial can be the only smart
landscapers, and many others, will be in option. Before a jury is where the true
jeopardy if you face criminal charges. lawyer shines as an advocate. Too many
Knowing what you are able to accept as a San Francisco criminal defense attorney
part of a plea bargain, or if you are and San Francisco DUI attorney has not
able to plea bargain at all, is critical done enough jury trials, fears going to
to making the right choice in your case. trial, or has had no success before
Any criminal defense attorney, whether a juries. This is true for attorneys in
San Francisco criminal lawyer, Oakland most locations. Trial should not be
lawyer, Hayward lawyer or other, should rushed into heedlessly. Some cases should
be aware of this. not go to trial. But trial should always
5. Remember confidentiality: be an option that you discuss with your
It is important for a criminal lawyer to lawyer, and your lawyer should appear
understand the privacy of the client. knowledgeable about the ups and downs of
This is especially so when dealing with jury trial.






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