 ■ HIRING A CRIMINAL DEFENSE LAWYER
1. Is It Important To Hire a Lawyer Who Focuses on Criminal Law?
The legal profession covers a vast expanse of information and procedures which differ in various areas. No one person can be familiar with all of those areas. If you are charged with a criminal offense, you don't want an attorney who is trying to get up-to-speed in criminal law. Not only will it probably cost more for that attorney to spend the research time, but your representation will very likely be inferior compared to being represented by an attorney who practices in this area every day. It is like asking a house painter to paint your portrait. They have the paint. They can get the tools, but the result probably won't justify the fee. You are likely to receive far superior results from a lawyer who focuses on criminal law. When your life, your freedom, and your reputation are in jeopardy, you need the best criminal defense lawyer you can find!
2. When Do I Need A Lawyer?
Legal advice will solve some problems and prevent others. If you are accused of committing a crime, a Felony or Misdemeanor, you need legal advice. The punishment range for some of these crimes is as follows:
3. Punishment Ranges and General Penalties
A. Offense - Felonies
Felony Classifications |
Penalties - Fines |
Penalties - Imprisonment |
Class 1 Felony |
Up to $1 million |
Life Sentence- Death Penalty |
Class 2 Felony |
$5,000- $1 million |
8- 24 years |
Class 3 Felony |
$3,000- $750,000 |
4- 12 years |
Class 4 Felony |
$2,000- $500,000 |
2-6 years |
Class 5 Felony |
$1,000- $100,000 |
1-3 years |
Class 6 Felony |
$1,000- $100,000 |
1 year- 18 months |
Ref: CRS 18-1.3
B. Offense - Misdemeanor
1. Class 1 Misdemeanor - 1 year or less in jail
2. Class 2 Misdemeanor - 180 days or less in jail
3. Class 3 Misdemeanor
Failing to call a lawyer immediately can often increase your problems. If are arrested, witnesses should be interviewed and evidence gathered as soon as possible. Memories fade and evidence disappears as you get further from an event. You should contact a lawyer right away. Sound legal advice often will save you time, trouble and money by preventing problems before they start.
4. How Do I Find A Lawyer?
Recommendations from friends and acquaintances is a good way. Maybe you know a lawyer. If that lawyer can't handle your problem, he or she will likely know of a lawyer who has experience with your kind of problem.
Ask your friends, co-workers and employers if they know any lawyers. Business people or professionals such as doctors, social workers, bankers, teachers and ministers may know a lawyer.
If you are accused of committing a crime and cannot afford a lawyer, you may qualify for free legal help. A judge may appoint a private attorney to represent you without charge if you qualify for such assistance.
5. How Will I Know if a Lawyer Is Right For Me?
You should meet with the lawyer and his/her staff if possible instead of discussing your problem on the telephone. You should ask how much experience the lawyer has had with problems like yours and how recently he or she handled a similar case.
Hiring a lawyer who primarily practices law in the same court or jurisdiction where your case is located and has an office in the area is a good rule of thumb. It cuts down on travel expenses and the attorney is familiar with the judges where he practices most often.
6. What should I consider when hiring a lawyer?
When meeting with the lawyer, bring the names, addresses and telephone numbers of everyone connected with your case. You also should bring all papers involved in your case, such as all documents you received from any governmental source. Ask to hear about cases like yours that the lawyer has handled. You should know that most prosecutions are not "sure things." Be careful of an attorney who guarantees results. He or she should, however, be able to tell you the strengths and weaknesses of your case. Consider the following questions:
Will you be comfortable working closely with the lawyer?
Do you believe the lawyer has the experience and skill to handle your case?
Do you understand the lawyer's explanation of your case?
Does the fee seem reasonable?
Do you have confidence that he or she will work hard to serve your interests?
7. Why Should You Have A Written Fee Agreement?
No matter what the amount, no one likes to pay legal fees. Therefore, it is important for you and your lawyer to agree, in writing, about what you will pay the lawyer and what services the lawyer will perform. This way, both of you will know what to expect from one another as you work together on your case.
8. What Should Be In The Fee Agreement?
Your written fee agreement should set out the services the lawyer will perform for you, and the type and amount of fees you will be expected to pay. The agreement should also say how costs - the other expenses of your case - will be handled and explain the lawyer's billing practices. The agreement should also say if the lawyer is going to add interest or other charges to unpaid amounts.
A fee agreement may also include your obligations as a client. For instance, you may need to agree to bide by the agreement and to pay your bills on time. You make a fee agreement in the same way that you would make an agreement with a contractor or other businessperson for their services. Tell the lawyer what services you will want and ask questions to find out what the charges will be. You may want to ask a friend or relative to come with you if you are not sure what to ask.
Some suggested questions are:
How will the lawyer bill for his or her time?
Who else will be working on the case - associate lawyer, legal assistant, paralegal? How will that time be billed?
What can be done to reduce fees and costs?
What is the lawyer's estimate of the total charges?
A written Fee Agreement protects your interests as well as the lawyer's. Don't hire one without it!
9. What Do I Need To Do To Have A Successful Lawyer-Client Partnership?
Be sure that you and your lawyer have the same goals.
Be sure you understand and are comfortable with the lawyer's working style.
Be especially certain that you have a clear idea of the expected timing of your case - when you can expect significant developments.
Be sure that you provide the lawyer with the information and documents necessary to understand your case.
Be sure you understand and agree with the lawyer's billing practices.
Be sure that if you have questions or concerns about your legal matter, you ask the lawyer and listen to his/her answers.
10. When Should I See A Lawyer?
If you are arrested for a crime, you should contact a lawyer as soon as possible. He or she has a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. The lawyer also can advise you or your family or friends on the bail process.
11. I have not been arrested, but I have been accused of a crime. What should I do?
Use caution. Unless you are certain that the accusation will not result in criminal charges, it is best to consult with a Colorado criminal defense attorney. This is especially true if a law enforcement official is asking you to give a statement or cooperate in an investigation. You should consult with an attorney before making ANY statements. What you say, no matter how well-intentioned, can be misinterpreted and may be used as evidence against later. Even if you are promised leniency in exchange for your cooperation, you can never retract what you have already said. Therefore, it is best to consult with an attorney before making any to make sure that your rights are protected.
12. I have an old criminal record. Can a criminal defense attorney help me with an Expungement?
Yes. If you have an old criminal record you would like expunged, we can help. Expungement refers to the legal process of removing court records from public view. Contact us today to learn more about Expungement. |
