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Having to choose a criminal defense lawyer may be the most important decision in your life. This series will give you a “no B.S.” perspective on what you need to know when hiring a defense attorney. Making the wrong choice can ruin you life!

YOU ARE UNDER ARREST. PLEASE PLACE YOUR HANDS BEHIND YOUR BACK. ANYTHING YOU SAY CAN AND WILL BE HELD AGAINST YOU IN A COURT OF LAW….

If you have heard these words, no doubt they were accompanied by a sick, sinking feeling in your stomach. Your head may start to spin as images of your life, family, and future play out in a cruel montage. Take a breath…you need to keep your head. Do what the officer says, especially when he tells you that anything you say can come back to bite you in court. In other words, keep your mouth shut. No one has ever gotten out of a criminal case by sweet talking the arresting officer.

WHAT’S GONNA HAPPEN TO ME?

Unless you get a summons from the officer to return to court on a certain date, you will be transported to the local station and booked. You will be fingerprinted…welcome to the Matrix. Unless you have been through this before, this will be a total system shock. You need a lawyer!

If you have to hire a criminal defense lawyer, you are scared for your future as well as being afraid of wasting money. And, unfortunately, hiring the wrong lawyer can get you in even more trouble that you may already be in. So where and what do you start looking for.

Private Criminal Attorney versus Public Defender

The first decision in hiring a criminal defense attorney is whether you will be retaining private counsel or accepting representation from a public defender.

That choice may be made for you depending on your household income. Assuming you qualify for public counsel, you may be wondering whether to find the money to hire your lawyer. Despite negative rumblings around the courthouse, many public defenders are excellent criminal defense attorneys and do a good job for their clients. Particularly in federal cases, the public defenders are screened and usually quite talented.

Your best guide will be your instincts if you meet the public defender assigned to you. If he appears overworked and disorganized, then he probably is. If she displays an air of confidence and can provide you with important information quickly, then perhaps. Unfortunately, if you are in a holding cell, you may not be able to make a better assessment. Of course, if your cell mates tell you this lawyer is bad, then you may want to pass.

Not having a court appointed defense lawyer represent you immediately may have consequences. For instance, if your criminal charges are serious enough, the prosecutor may be requesting that you are held on bail. If you do not have the public defender represent you at the bail hearing, the matter may be continued for a few days until you retain a privately hired defense attorney.

What might this be troubling? Because you may be held at the local jail for a few days until you hire private counsel and he is available to appear.

However, frightening this might seem, you may have to wait it out if you are not comfortable that the court appointed attorney can get you out. Once a bail is set and you are held, it may be difficult for another defense attorney to step in and reverse that decision.

It bears repeating. This is the scariest moment, but you must not panic and make rash decisions. You need to understand the process so you will be able to retain the best criminal attorney and minimize any lasting damage from this arrest.