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.
Questions to ask 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?
Frequently asked questions
What is the difference between a felony and a misdemeanor?
Misdemeanors are less serious offenses, usually punishable by up to a year in a local jail. Felonies are more serious and can lead to longer prison sentences and lasting consequences, such as the loss of some civil rights.
Can a lawyer get my charges dropped?
Sometimes. A lawyer may find problems with the evidence or the arrest, or negotiate a diversion program, reduced charge or plea agreement. No lawyer can honestly guarantee an outcome.
Should I talk to the police without a lawyer?
It is generally safest to ask for a lawyer before answering questions, even if you believe you have done nothing wrong.