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How to Make the Most of Your Initial Consultation with a Defense Attorney

Your relationship with your criminal defense attorney begins with your initial consultation. During the consultation, you can gather information about the charges against you and what to expect moving forward, learn more about the defense lawyer so you can be sure you’re making the right choice, and create a foundation for working together throughout your case. But that doesn’t all happen automatically. Making the most of your initial consultation will take some preparation.

Preparing to Meet with a Criminal Defense Attorney

Setting the stage for a productive consultation starts before you arrive at the defense attorney’s office or pick up the phone. Here are some things you should do to be ready to make the most of the meeting:

  • Avoid talking to others about your case or posting anything relating to the incident or the charges against you in social media–you should say as little as possible until you speak with an attorney
  • Gather any paperwork you have, such as court papers, citations, bond papers, or other documents relating to the charges against you
  • If you have prior arrests or convictions, gather as much information as you can about the exact charges, dates, and disposition of the charges
  • Make a list of any witnesses who may have relevant information, along with their contact information
  • Make a list of the questions you want to ask the defense lawyer so you can make sure you don’t forget anything

Questions to Ask Your Defense Lawyer

Of course, the following isn’t a complete list. You’ll likely have your own questions specific to your situation that should go on your list. The questions below will help you get started, and help ensure you don’t leave anything out that you’ll later wish you had asked.

  • What are the possible penalties if I’m convicted of the charges?
  • What is the typical sentence in cases like mine, and what factors impact sentencing?
  • How long should I expect the case to take?
  • How would you approach fighting these charges?
  • What will you need me to do to give us the best chance for a positive outcome?
  • What is your experience with cases like mine?
  • How many criminal cases have you taken to jury trial?
  • Will you be handling my case personally?
  • Who will be my main point of contact in your office?
  • What is the best way to communicate with you?
  • What are your fees for this type of case?
  • Are there any other costs I should know about?
  • If I decide to move forward, what are our next steps?

Many clients want to know about a criminal defense lawyer’s success rate. That’s a valid question, but keep in mind that most cases don’t go to trial. Well over 90% of criminal cases are resolved with a plea agreement.

Meeting with the Criminal Defense Attorney

When you meet with your criminal defense lawyer, you should come alone. Of course, that doesn’t mean you can’t have a friend or family member drive you. But you shouldn’t expect to bring someone else into the room with you. And, if you’re doing your initial consultation by phone or video conferencing, you should make sure you’re in a private place.

The key reason you want to meet with the attorney alone is that information you share with your attorney in a private consultation about your case is confidential. With very limited exceptions, your defense lawyer can’t be compelled to share that information with anyone. However, that privilege depends on an expectation of confidentiality, which doesn’t apply if someone else is listening in. Having someone else in the room can also be a distraction, and may make it more difficult to be totally honest with your attorney.

Tell the Truth

Conversations with criminal lawyers aren’t always comfortable. It’s natural to want the attorney to think well of you and be on your side, but a lawyer can’t effectively represent you if they don’t have accurate information. Leaving things out or trying to put a positive spin on the situation can leave your attorney unprepared when it counts.

Listen to the Attorney

A criminal defense lawyer does more than just represent you in court. One important benefit of hiring an experienced defense attorney is that they can advise you on how to avoid accidentally hurting your defense. But that advice only helps you if you take it to heart and follow your lawyer’s instructions.

Pay Attention to How the Attorney Interacts with You

If you hire the criminal defense attorney to represent you, you’ll have to work closely with the lawyer and talk openly with them about your history, the charges against you, and perhaps other sensitive topics. You’ll also have to rely on them for guidance throughout the process, and trust their advice. So, you’ll want to take note of things like whether they answer your questions fully and listen to your concerns.

Keep the Conversation Between You and the Defense Attorney

After your consultation, the people who are close in your life may want a play-by-play of the consultation with your attorney. It’s best not to talk about what happened during your consultation in any detail, and it’s best not to share information about the incident that led to the charges, either. You may completely trust your brother or lifelong best friend, but it’s easy for people to inadvertently disclose something that might be harmful, And, your friends and family can be subpoenaed and forced to testify.

Criminal Lawyers in Augusta, GA

When you’re under investigation or have been charged with a crime, there are pitfalls everywhere. Police may want to speak with you or search your property. You may have a court date coming up quickly, or be in jail and unable to post bond. The prosecution may offer you a deal and tell you it’s the best you’ll get, and you’ll have no way of knowing whether or not that’s true.

The best way to protect yourself is to consult with an experienced Augusta criminal defense attorney right away, before you have to make any decisions about your case. Contact us online to schedule a free consultation, or call 706-750-0501 right now.

augusta criminal defense attorney Todd Mitchell

Author Bio

Attorney J Todd Mitchell

J Todd Mitchell is a dedicated criminal defense attorney who has always fought for the rights of the falsely accused, the over-charged, and the innocent. A graduate with honors from the University of Georgia School of Law, Todd began his career at the Public Defender’s Office in Augusta, Georgia. With a reputation for winning tough cases, including acquittals in serious charges like murder and rape, Todd has never been on the prosecution's side. He continues to advocate for justice and individual liberty, leveraging his deep understanding of the judicial system.

Learn More About Todd Mitchell

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