FAQS on hiring a defense lawyer

There are two frequently asked questions with regards to obtaining the services of a criminal lawyer. The first one, is if it is possible to change defense lawyers after hiring one? The second question is, since the prosecutor offers standard deals for certain charges is it still necessary to hire a lawyer? This article will discuss both these questions.

 

When it comes to deciding whether or not it is possible to change your defense lawyer after hiring one, most people focus on the why. There are a variety of reasons that could lead an individual to want to change their defense lawyer. One common thread is that the lawyer may not seem interested in the case and is thus not suited to represent the interests of the client. Some common causes include the following:

· Failure to communicate

· Disagreement about strategy

Regarding the possibility of changing one’s legal representation, the answer is that a defendant who hires their own attorney has the right to discharge them without court approval. No matter what the cause of the breakdown in the relationship, you do not need to show good cause or justify the decision to discharge the lawyer. In fact, most attorney-client agreements explicitly advise clients that they have the right to discharge their attorneys. After discharging a lawyer, defendants can hire another or represent themselves. However, the decision to change lawyers can be costly because in addition to paying the new lawyer, the defendant will have to pay the original lawyer whatever portion of the fee the original lawyer has earned. Your right as a defendant to change lawyers must be weighed against the prosecutor’s right to keep the case moving on schedule.

 

The other question is whether it is necessary to hire a lawyer when the prosecutor offers standard deals for certain charges. In some counties, prosecution offices have policies where they offer the same plea bargain, for each instance of a particular crime. For example, the prosecution may routinely offer a couple days in jail, probation and specified fines for first-time drunk driving offenders who weren’t driving with an excessive blood-alcohol level. So, the question then is, is it worth spending money on a private lawyer. Sometimes, it might be and other times it might not.

 

First, it is important to note that relying on second hand information with regards to what the prosecution’s likely deal will be in a particular charge is a risky business. Second, if there is any chance that you will fight your conviction, whether through a pre-trial pleading like a motion to suppress evidence or by going to trial, you should definitely go with counsel. Third, a lawyer may be able to convince prosecutors to give a better offer than the standard deal, or on occasion convince them to drop charges.

However, if you are 100% sure then a lawyer may not be able to get you a better plea than the standard offer. However, paying a reasonable price for a qualified lawyer is rarely a waste of time. At minimum they take a lot of hassle out of the process and guide you through what is required, and provide helpful information about clearing up your record or perhaps expungement. At the very least, it is wise to consult with and find top criminal defence attorneys in Los Angeles for advice. 

 

Resource Box: For Van Nuys criminal defence attorneys the author recommends the Criminal Defence Corp.