How to Choose a Criminal Defense Lawyer in Maryland: Questions to Ask & Red Flags
Being charged with a crime is one of the most stressful experiences a person can face. The criminal defense lawyer you choose can have a big effect on the outcome of your case, from how you might be able to negotiate a plea deal to how you plan to go to trial and what sentence you might get. It’s important to take the time to find the right lawyer because your freedom, job, and future are at stake.
This article can help guide you in choosing a criminal defense lawyer in Maryland. It includes important questions to ask during consultations and red flags that warrant considering other options.
Why your choice of attorney matters
To be a criminal defense lawyer, you need to have specific knowledge, skills, and experience with pre-trial procedures and in the courtroom. Many lawyers practice more than one area of law, but hiring one who focuses primarily on criminal defense can make a significant difference in how your case turns out.
A seasoned criminal defense lawyer in Maryland should be familiar with the state’s criminal laws, how the court system works, the rules for evidence, and sentencing guidelines. They should have experience working with prosecutors and familiarity with local judges, which can help with negotiations. Additionally, they should know which defense strategies work in different situations and how to present a case in the strongest possible way to pursue the best outcome.
Criminal cases can move quickly and have immediate effects, unlike civil or personal injury cases. Having a lawyer who responds quickly, navigates the system smoothly, and fights for you from the start of your case is very helpful.
Essential questions to ask during consultations
The first meeting is your chance to see if a lawyer is a good fit for you and your case. This meeting is just like a job interview, so it’s vital that you treat it that way. You’re hiring someone to protect you and give you a better future. Some important questions to ask are:
How long have you practiced criminal defense law?
Experience is highly important in criminal cases. An attorney who has spent years handling criminal defense cases will likely have seen cases like yours and developed creative ways to address them.
Have you handled cases like mine before?
Different kinds of criminal charges need different kinds of knowledge. A lawyer who specializes in defending people accused of DUI may not have much experience with drug offenses, white-collar crimes, or violent crimes.
What is your approach to cases like mine?
Knowing how they usually develop case strategy and whether they negotiate plea deals or go to trial can help you figure out how they might handle your case.
Who will actually handle my case?
At large law firms, the lawyer you talk to may not be the same one who goes to court or handles the day-to-day work on your case. Find out who will be in charge of your defense.
How do you communicate with clients?
During criminal proceedings, it’s important to keep people up to date and make information and documentation easy to locate. Ask the attorney how often you can expect to hear from them and what methods they prefer to communicate with you.
Understanding experience and track record
An attorney’s past work doesn’t guarantee future success, but it does give you a good idea of how they work and what they can do. Find out how many cases like yours they’ve worked on before, both those that were settled through negotiation and those that went to trial. If your case goes to trial, an attorney skilled at plea negotiations but has never tried a case may not be as effective in court as someone who has.
Think about whether the lawyer has worked in the same court where your case will be heard. Knowing the judges in your area and how they usually rule can give you an edge in court. Also, having strong relationships with local prosecutors can help you reach deals that are most favorable or realistic for your case.
Red flags to watch for
During the consultation process, some behaviors should raise concerns about an attorney:
Guaranteeing specific outcomes
No ethical lawyer can promise a certain outcome. No one can control the facts, evidence, witnesses, and decisions made by judges and juries that will affect the outcome of any case. If someone guarantees a specific verdict or promises to get your case dropped, that’s a red flag.
Pressuring you to decide immediately
An ethical, knowledgeable lawyer won’t pressure you to make a decision right away. They’ll give you time to think about your options and talk to family or other close advisors. If the lawyer uses high-pressure tactics, it typically means they’re more interested in simply retaining you as a client than in whether or not they’re a good fit.
Being vague about fees
You have the right to know how much legal assistance will cost. Attorneys who can’t give you clear information about their fees or say they’ll decide on fees as the case progresses may leave you with unexpected and unmanageable costs.
Dismissing your questions
Your lawyer should be able to explain legal terms, court procedures, and case strategy in a way that makes sense to you. If they’re condescending, impatient, or dismissive during the consultation, it’s often a sign that there are and will be communication problems.
Difficulty reaching them
If the attorney is hard to get in touch with or doesn’t respond during the consultation phase, this will probably continue after you hire them. During criminal proceedings, when things can change quickly, accessibility and responsiveness are very important.
Evaluating fees and fee structures
Most criminal defense lawyers charge either a flat fee or an hourly rate. Flat fees are common for simple cases with a clear scope. Hourly rates, on the other hand, are better suited for complex cases where it’s not clear how much work will need to be done at the outset.
Regardless of the fee arrangement, consider requesting a written fee agreement that clearly states which services are included and any additional costs that may arise, such as hiring expert witnesses or investigators. Find out if the fee you were given covers the entire case through trial or just the beginning stages.
The cheapest option isn’t always the best value if it means you don’t receive quality representation. Similarly, the most expensive lawyer isn’t always the best advocate.
Trust your instincts
Your comfort level with a lawyer is just as important as their credentials and experience. You’ll have to tell this person private, possibly embarrassing, and sensitive things about yourself. You should have faith that they’ll listen carefully, believe in your case, and fight hard for you.
During the consultation, pay attention to how the attorney treats you. Do they pay close attention to what you have to say? Do they talk to you in a way that you can understand? Do you feel like people care about you and listen to you? These things can make the process even more stressful for you, and they may also affect the quality and dedication of your defense.
Selecting a criminal defense lawyer who fits your needs
When you’re facing charges, one of the most important things you can do is choose a criminal defense lawyer. Take the time to talk to several lawyers, ask the right questions, and trust your gut about who will protect your best interests.
If you’re facing criminal charges in Maryland and want to speak with an experienced criminal defense lawyer at Drew Cochran, Attorney at Law, please use our contact page to schedule a meeting.
Drew Cochran has practiced criminal defense law in Annapolis for more than 20 years. He is a member of the Maryland State Bar, Anne Arundel County Bar, and the Maryland Criminal Defense Attorneys’ Association. Named a “Leading Attorney” by What’s Up Magazine: Annapolis in 2011, he handles criminal defense, DUI defense, juvenile law, and all felony and misdemeanor defense throughout Maryland. Read Full Bio