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Are You Thinking Of Hiring A Criminal Defense Attorney?
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D Ruplinger
If you have been arrested or accused of a crime that has the
potential of jail or prison time, you may want to seriously
consider hiring an attorney to represent you. Unless you don't
mind the possibility of spending time in jail, you'll probably
want the services of an attorney.
Almost any expert will strongly advise a person against
representing him or herself in court unless they are very
knowledgeable about the field of law; and even then he or she
will still be discouraged from representing him or herself for a
criminal case. Less than one percent of people represent
themselves in a criminal case. The vast majority of people
engage the services of an attorney. That is because it is very
difficult for someone to represent him or herself in court.
You wouldn't want someone without any knowledge of how to do
heart surgery doing a heart transplant on you would you?
Likewise, would you want to represent yourself in court and face
possible prison time without having the best possible legal
advice available to you?
If a person cannot afford to hire an attorney the court will
appoint an attorney, typically called a public defender. The
constitution of the United States requires a person be provided
with legal representation if they cannot afford it. But it is
only required if a person is facing possible jail or prison
time. If a person is only facing the possibility of a fine, the
court is not required to provide the defendant with an attorney.
A court appointed attorney may not cost the defendant any money
or the defendant may receive the court appointed attorney at
reduced fees. It depends on the income of the defendant. If a
person wants a public defender they will be required to fill out
financial documents for the court to determine whether or not
they qualify for a public defender and also whether or not that
they receive the services of the public defender for free or at
a reduced cost.
If a person qualifies for a reduced cost court appointed
attorney, it is generally called a partial indigency. At the
conclusion of their case, the judge will require the defendant
to reimburse the county or state for a specific portion of their
legal fees. The rates are usually much lower than those charged
by private defense attorneys.
If you do not qualify for a court appointed attorney and are
hiring one on your own, how do you find one? Personal
recommendations from people you know are almost always the best
way to find an attorney. Other sources of information to help
find a criminal attorney are: Internet, Yellow Pages, your civil
practice attorney, your local bar association lawyer referral
panel (if they have one) and the Martindale-Hubbell
publications.
The Martindale-Hubbell publications are available at most
libraries and on the Internet. The publications do their best to
list every attorney in the US by geographical area and lists the
area or areas of law that attorney specializes in.
When hiring a criminal attorney on your own, try to interview
several attorneys before hiring one or ask your family and
friends help you. It is important to find an attorney you feel
comfortable discussing all aspects of your case with. Some
defense attorneys offer a no cost personal interview
consultation. One thing to remember when hiring an attorney:
make sure you hire an attorney who specializes in your area of
criminal law.
Most attorneys will require an up-front retainer fee which can
be a significant amount depending on the type of criminal case
you have.
Some attorneys charge a set fee for handling a specific type of
case. But it is more common for an attorney to charge by the
hour. Some attorneys who charge by the hour will set a cap fee
for the case. That means a sum will be agreed on that is the
highest amount the defendant has to pay. If the hourly costs
reach this set amount, the lawyer will finish representing the
defendant through to the completion of the case without charging
any more money.
Although contingency fees, which are where an attorney only gets
paid if he or she wins the case, are common with certain types
of civil cases, they are not used with criminal cases.
Contingency fees are considered unethical and are not permitted
in criminal cases.
In addition to knowing what fees an attorney will be charging, a
defendant also needs to know what services those fees cover and
do not cover. Fees such as the cost of expert witnesses are
normally not included in the normal fees of an attorney.
About the author:
D Ruplinger is a featured writer for http://www.defenseattorneys
pro.com. Visit the site for information about defense
attorneys and defense attorney referral services
Attorney At Law
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