What does a criminal defense lawyer do?
Criminal defense lawyers represent people who are being investigated for, or charged with, a criminal offense. They protect your rights during questioning, challenge the evidence, negotiate with prosecutors, and represent you in court, from minor charges to serious crimes.
Your rights
If you are arrested in the US you have the right to remain silent and the right to a lawyer. If you cannot afford one in a case where you could be jailed, the court will appoint a public defender or other appointed counsel. It is usually wise to say you want a lawyer and then not answer questions until you have spoken to one.
Hiring a private defense lawyer
Many criminal defense lawyers charge a flat fee for each stage of a case (for example, through arraignment or through trial) rather than an hourly rate. Look for a lawyer who regularly appears in the court where your case is being heard, and who has handled charges like yours.
How it works in Europe
Under EU law (Directive 2013/48/EU), suspects and accused people have the right to access a lawyer from the first police questioning, and to interpretation and translation if they don't speak the language. If you are arrested abroad, you can also ask for your country's consulate to be told.
Questions to ask before you hire a criminal defense lawyer
- Have you appeared in this court before, and do you know the prosecutors here?
- What could happen at the first hearing, and do I need to be there?
- Is a diversion program or reduced charge realistic in my case?
- Is your fee fixed for each stage, and what happens if the case goes to trial?