A criminal defense attorney is always on their client’s side, and they have an ethical responsibility to protect the rights of those they represent. So what does a criminal defense attorney in Daytona Beach do? Read on to find out.

After Your Arrest

When you are arrested for a crime, the police will gather evidence against you. Your defense attorney will guide you through this process and ensure your rights are protected along the way.

As part of their investigation, police may do some or all of the following:

• Attempt to interview you about the incident that led to your arrest
• Collect witness statements about what happened
• Look for videos or other evidence related to the incident
• Search your home, car, or electronic devices like cell phones for evidence related to the incident

You have a right to have your defense attorney present with you when police speak with you. Your lawyer will advise you on how to respond to police questions and other attempts to gather evidence.

If You Are Charged with a Crime

When the police have gathered evidence, they will hand it over to a district attorney, sometimes known as a prosecutor. The prosecutor will examine the evidence gathered by police and determine which criminal laws may have been violated. The prosecutor may then choose to charge you with a crime.

If you are charged with a crime, capable Daytona Beach criminal lawyers will do the following to prepare for your case:

• Ask you a lot of questions about the incident in question
• Take time to listen to your side of the story
• Communicate with you in a clear, easy to understand way
• Help you to understand your rights, the charges against you, and the potential consequences you face

Once your defense attorney has a thorough understanding of the facts of your case, they will advise you on the best way to proceed.

Next Steps

In the movies and on TV, every criminal case ends in a dramatic trial. In reality, very few cases ever reach that point. Competent criminal defense attorneys in Daytona Beach will try to resolve your case long before it ever gets to a trial.

In some cases, your defense attorney may be able to convince the prosecutor to dismiss the charges against you entirely. You may have been arrested by mistake, or there may be very little evidence against you.

In other cases, if necessary, your criminal defense attorney will try to convince the prosecutor to reduce the seriousness of the charges against you. This process is called “plea bargaining.” In that scenario, you may formally admit to some wrongdoing in return for a lesser punishment than you otherwise might receive.

If your case does go to a trial, your defense attorney will work to point out weaknesses in the evidence gathered by the police and prosecutor. They will do everything in their power to ensure that you are found “not guilty” of the charges against you.

Why Criminal Defense Attorneys Are Important

While most police and prosecutors are honest and good at their jobs, they can make mistakes. A criminal defense attorney provides an important balance to the enormous power of the government. They work for you and you alone to protect your rights.

Top Questions to Ask Palm Coast, Florida, Criminal Defense Lawyers

You don’t need to ask all these questions right away, but you will want to ask them before making any serious decisions about the law firm handling your case.

How Much Will This Cost Me?

Some lawyers charge an inclusive rate that covers all work, no matter how long the case takes to resolve. Inclusive rates are usually high but ensure that you never receive surprise bills.

Other Palm Coast, Florida, criminal defense lawyers charge by the hour. Depending on the complexity of your case, this could be a preferable option.

Besides asking for an estimate and upfront explanation of costs, also ask about payment options. Most lawyers offer:

• One-time payments
• Weekly or monthly billing
• Long term payment plans

Find a lawyer that offers terms you can afford.

How Many Cases Like Mine Have You Handled?

It doesn’t matter what law school a lawyer went to or how long they’ve been practicing. If they’ve never taken a case like yours before, you should look elsewhere.

A lawyer only one year out of law school who has handled a dozen similar cases is better than a 30-year veteran who has never handled a similar case.

How Long Have You Practiced Law in Palm Coast, Florida?

Every courtroom is different. Over time, Palm Coast, Florida, criminal defense lawyers become familiar with individual judges, prosecutors, and even clerks.

Experience in a particular courtroom matters almost as much as experience with particular types of cases. If you are facing charges in Palm Coast, make sure your lawyer has years of experience with cases in Palm Coast, Florida.

Who in the Firm Will be Working on My Case?

Law firms are staffed by more than just lawyers. All of the following may work on your case:

• Attorneys
• Law clerks
• Paralegals
• Interns
• Investigators
• Secretaries

While there is nothing wrong with an intern or paralegal doing research or writing briefs for your case, you deserve to know who is doing the work. Asking these questions in advance ensures your case receives the professionalism it deserves.

Do You Expect to Go to Trial?

The majority of criminal cases are resolved without a trial. If prosecutors can’t make their case, they will usually drop the charges. Even if they believe they can make their case, they often are willing to negotiate a plea bargain.

Your attorney will be able to make an educated guess on which outcome is most likely.  If you don’t like the expected result, this is also the time to ask about other possible outcomes.

How Do You Define Success and What Is Your Success Rate?

Success can be defined in many different ways. One lawyer may define success as getting a “not guilty” verdict, while another may define it as keeping a client out of jail.  Understand how your lawyer defines success and then compare their success rate to other attorneys you are considering.

The right attorney can make or break your outcome. Not only that, but charges, fines, and incarceration hang in the balance.

Picking the right attorney is easier when you know what to look for. Here are five questions you should be asking a criminal defense attorney in Daytona Beach before you choose them to represent you in court.

1. What’s Your History of Success?

When you’re choosing a Daytona Beach criminal defense attorney, a good starting place is to ask about their track record of success in similar cases.

When you ask about past success, watch out for vague answers. Your attorney should give you specific examples of the types of charges and sentencing past clients were facing and what positive outcomes their representation accomplished.

2. What Do Former Clients Say?

Always look for former client reviews when choosing a Daytona Beach criminal defense attorney. Client reviews are usually available on a lawyer’s website. These reviews can let you know if an attorney is prompt, good at communication, and effective at their job.

Reviews are also a great way to learn more about how your attorney interacts with their clients. Reviews often mention an attorney’s traits. This lets you know if an attorney is compassionate, friendly, and reassuring to their clients.

3. How Much Experience Do You Have?

It’s always smart to find out how long a lawyer has been practicing law. The more experience a lawyer has, the better they’ll be at assessing your case and achieving the desired outcome.

Experience also means they’re more likely to anticipate what a judge or prosecutor will say because they’ve seen it many times before. This means a stronger case and a higher likelihood of success.

Experience in a specific location is also important. Find out whether your attorney has experience with the courtroom and judge you are dealing with. Rapport and reputation in the local courts can make your case progress smoothly.

4. How Many Daytona Beach Criminal Lawyers Work at Your Firm?

Always ask about how many lawyers work at a firm and find out whether the attorney you’re speaking with will be the person handling your case. Many firms have several attorneys, paralegals, and junior associates working together.

Asking about the size of the firm and people involved will indicate if the attorney you’re speaking with will stay involved and knowledgeable about the details of your case.

5. Have You Handled Cases Like Mine?

Criminal defense is a broad area of law. Before you commit to working with an attorney, make sure they’ve handled cases like yours before. If you’re facing DUI charges and an attorney has mostly focused on domestic violence cases, they might not be a good fit.

If they have handled cases like yours in the past, ask about their success rate and any similarities or differences. It’s a good sign when an attorney has a history of positive outcomes from other clients in your situation.

Knowing what questions to ask before hiring a Daytona Beach criminal defense attorney is important. It helps to know your attorney’s capabilities and how they can best fit your situation before finalizing your choice.

Do You Offer a Free Initial Consultation?

The best way to help a lawyer understand the facts of your case is to arrange a proper face-to-face meeting. It is difficult to find adequate legal counsel or an accurate quote in a short phone conversation. Plus, the initial consultation is the best way to get a feel for the lawyer and understand how they will be working with you over the course of your case. We recommend finding a Volusia County criminal defense attorney who offers this service for free, such as Genine Mejia.

What is Your Experience with Cases Like Mine?

There is a dizzying number of areas of practice that different lawyers specialize in. For example, an attorney renowned for defending clients against sex crime charges may not be the most ideal choice for a drug-related charge. Although lawyers cannot discuss the details about specific cases they’ve handled before, they can broadly discuss their experience representing clients with circumstances similar to yours. We recommend choosing a defense attorney with experience defending clients against the type of charge that you’re facing.

Who Will Be Handling My Case?

Over the course of a case, it is not uncommon for some lawyers to delegate tasks to paralegals, interns, and other attorneys. However, this can come as a shock to individuals who were only expecting to work with one lawyer. There are pros and cons to both of these approaches so it is up to you to ask who will be handling your case and determine what is best for your preferences.

How Accessible Are You?

Being charged with a criminal offense can take its toll on an individual. They may feel stressed or anxious, they may lose sleep, and they are sure to have a hundred different questions about their case. These circumstances demand a lawyer who is going to be available to help you and answer all questions you may have along the way. It is best to work with a lawyer who will remain accessible throughout the process and communicate in a way that works for you. Find out if you can call your lawyer directly and discuss your case at any time before making your decision.

These four questions aren’t the only things that you should ask during your consultation, though they do provide a good starting point. Before any meetings that you have with a lawyer, be sure to write down every question you have about the things you feel are relevant, such as issues related to specific case details or applicable state laws. If you have been confronted with criminal charges, then contact the Law Office of Genine Ann Mejia today for a free consultation.