Criminal Defense Lawyer FAQ

Frequently Asked Questions About Criminal Defense

Do I really need a criminal defense lawyer?

Yes, especially if facing any charge that could result in jail time, a criminal record, or significant fines. Even seemingly minor charges can have serious long-term consequences.

What if I can't afford an attorney?

You have the constitutional right to a public defender if facing serious criminal charges and can't afford private representation. Public defenders are typically experienced criminal lawyers, though they often have heavy caseloads.

How much does a criminal defense lawyer cost?

Type	Cost Range
Misdemeanor	$1,000-$5,000
DUI	$2,500-$7,500
Felony	$5,000-$50,000+
Federal felony	$25,000-$250,000+

Should I talk to the police?

No. Politely say: "I'm exercising my right to remain silent and would like to speak with an attorney." Even if you're innocent, talking to police without a lawyer can hurt you.

What should I do if I'm arrested?

1. Don't resist
2. Don't speak (except to ask for a lawyer)
3. Don't consent to searches
4. Don't sign anything
5. Call a lawyer as soon as possible
6. Exercise your right to remain silent

Will my case go to trial?

Probably not. About 95% of criminal cases are resolved through plea bargains. Your attorney can advise on whether trial or plea is better in your situation.

What's a plea bargain?

An agreement where you plead guilty (often to a reduced charge) in exchange for a more lenient sentence. Plea bargains avoid trial uncertainty and can result in significantly better outcomes.

Can charges be dismissed?

Yes, in some cases. Charges may be dismissed for:

• Insufficient evidence
• Constitutional violations
• Witness problems
• Procedural errors
• Pre-trial diversion programs
• Successful pre-trial motions

Will I have a criminal record?

It depends:

• Conviction: Yes, permanent criminal record
• Plea to lesser offense: Smaller record
• Diversion programs: Often no conviction if completed
• Acquittal: No conviction
• Dismissal: No conviction
• Expungement: Possible to clear some records later

Can my record be expunged?

In many states, yes, especially for:

• Misdemeanors
• Non-violent offenses
• Cases without convictions
• After completing sentence
• After waiting periods

A criminal defense attorney can advise on expungement eligibility.

Will I go to jail?

It depends on:

• The charge severity
• Your criminal history
• The strength of evidence
• Mitigating factors
• Plea negotiations
• The judge
• Sentencing guidelines

A skilled attorney can often help you avoid or minimize jail time.

What about my job?

Criminal charges can affect employment:

• Some employers conduct background checks
• Professional licenses may be at risk
• Security clearances may be affected
• Federal employment may be barred for some convictions
• A good attorney works to minimize these impacts

Can I get my charges reduced?

Often, yes, through:

• Plea negotiations
• Procedural challenges
• Witness issues
• Constitutional defenses
• Mitigating circumstances
• Cooperation agreements

What happens at my first court appearance?

At your initial appearance/arraignment:

• Charges are read
• Bail is set
• Legal representation determined
• Initial plea entered (usually not guilty)
• Future dates scheduled

How long will my case take?

Case Type	Typical Duration
Misdemeanor	2-6 months
Felony (no trial)	6-12 months
Felony with trial	12-24 months
Complex cases	1-3+ years

Will I need to testify?

Maybe. You have a constitutional right NOT to testify against yourself. Your attorney will advise whether testifying helps or hurts your case.

What if there are multiple charges?

Multiple charges can sometimes be:

• Combined into one case
• Negotiated together
• Dropped or reduced
• Run concurrently or consecutively

Your attorney will work to minimize total exposure.

Can the case be dropped before trial?

Yes, charges can be dropped at various stages:

• Lack of evidence
• Successful pre-trial motions
• Witness unavailability
• Constitutional violations
• Pre-trial diversion completion
• Prosecutorial discretion

What's the difference between state and federal charges?

Aspect	State	Federal
Court	State court	Federal court
Prosecutor	DA / State's Attorney	US Attorney
Sentences	Often shorter	Often longer
Plea bargaining	Common	Less common
Jury	Local citizens	Federal districts
Specialty needed	State criminal experience	Federal experience

What if police violated my rights?

If police violated your constitutional rights:

• Evidence may be suppressed (excluded from trial)
• Statements may be excluded (Miranda violations)
• Charges may be dismissed
• Case strength may be undermined

Your attorney will identify and challenge these violations.

I'm innocent — do I still need a lawyer?

Absolutely yes. Innocent people are convicted every year because they:

• Talked to police
• Didn't understand legal procedures
• Were unable to articulate their defense
• Faced experienced prosecutors alone

Even innocent people need expert legal representation.

How do I find a good criminal defense lawyer?

Look for:

• Specialization in criminal defense
• Experience with your type of charge
• Local court experience
• Trial experience
• Free consultations
• Clear communication
• Reasonable fees
• Good reviews
• No surprise fees