Criminal Defense FAQs

How should I select the criminal defense lawyer I want to represent me?

Before you commit to an attorney, it is essential that you take the time to get to know that person. Be very wary of any attorney that tries to pressure you for payment right away, especially if you haven’t yet had a chance to get all your questions answered. Don’t be afraid to ask a lot of tough questions and be cautious of anyone who promises specific results. Some attorneys will make promises – promises they can’t keep – simply to get your business. An ethical attorney will explain what things they are going to do to help you, but they will never guarantee a specific result.

What kinds of questions should I ask when meeting a lawyer for the first time?

First, find out if the lawyer you’re speaking with is the person that will actually be doing the work on your case. Many law firms will refer your cases out to other lawyers, or they will have inexperienced associates that do most of the work. You do not want to be signed up by one attorney only to find out someone else will actually be representing you. Ask the person you’re talking with if they are the one who will show up to court in your case. If not, who will?

Second, find out how many trials this lawyer has done and the types of cases. Even if you expect to plead guilty, it’s essential that you select a defense attorney with extensive trial experience. Lawyers that are willing and able to take cases to trial generally get the best deals. There are lawyers out there that convince all their clients to plead guilty – even the people that should be fighting their case.

Ask the lawyer, “What specifically are you planning on doing to help me fight my case? What motions are you going to file? Are you going to have an investigator working on the case? Will there be any experts involved? Will you take photographs and interview witnesses?”

The answers to these questions will give you a good idea of what to expect from an attorney, and what you are going to get for your money. Rather than listening to empty promises, it’s much more important to get a specific idea as to what kinds of services this lawyer is going to provide.

Why do I need a lawyer if I intend to plead guilty?

Even if you intend to plead guilty to the crime you are charged with, representing yourself in court is rarely a good idea. An experienced criminal defense lawyer can try to negotiate a lighter sentence or lesser charge on your behalf. People who attempt to act as their own lawyer typically end up with harsher punishments than those who have good legal representation.

What is the difference between a felony and a misdemeanor?

A misdemeanor is any crime for which the sentence is no more than one year in jail. That’s why misdemeanor crimes are considered less serious offenses than felonies in the criminal justice system. A felony charge is punishable by more than one year in prison.

What is the difference between probation and parole?

The primary difference is that probation is an alternative to prison, while parole is essentially a shortened duration of the time spent in prison.

Probation is a criminal sentence that allows the convicted person to suspend jail or prison time in exchange for abiding by certain terms, such as regular contact with a probation officer, attendance at a rehabilitation program and/or attendance at work or school.

Parole is an option for completing a criminal sentence outside of prison. It is offered to a prisoner after he or she has already completed a certain portion of the sentence in prison. A person on parole may also have to abide by certain terms, much like someone on probation.

What is the difference between a plea of guilty and a no contest plea?

In a criminal court, a plea of guilty and no contest are treated exactly the same. However, there may be a difference if a civil case is ever filed.

What is the “three strikes” law?

Certain states, including California, have what is known as the “three strikes” law. Under this law, any felony that is deemed “serious” or “violent” felony is considered a “strike.” An individual with one or two strikes on their record is eligible for harsher penalties and will serve a greater percentage of their prison sentence than someone without a strike. Once a person has two strikes on their record, any other felony conviction can result in a third “strike.” A third “strike” can lead to a sentence of life in prison.

What is a civil compromise?

In a criminal case involving the loss or damage of property, a civil compromise can sometimes be utilized to get the charges dropped or significantly reduced. In this procedure, the victim in the case signs a document indicating they no longer wish to press charges because they have been fully compensated for all their financial losses. If accepted by the prosecutor, the charges will then be dismissed. Civil compromises are most commonly done in hit and run cases but can also occur in other situations. At Lessem & Newstat, LLP, our lawyers have had dozens of cases dismissed through civil compromises.

What is restitution?

In criminal law terms, restitution is a financial payment that the person who committed a crime must pay to the victim. A judge will usually order restitution in any case where a victim can show some sort of financial loss.

What if the alleged victim in my case doesn’t want to press charges? Does that mean my charges will be dropped?

Not necessarily. Once the police get involved and charges are filed, it’s no longer up to the person who made the original accusations whether the case goes forward or not. It is not uncommon for prosecutors to continue with a case even after the alleged victim asks that the charges be dropped. The fact a witness is uncooperative, however, can be used by a skilled defense attorney in helping to fight the case.