These answers are meant to provide general information regarding common questions asked to criminal defense lawyers. Nevertheless, every case must be analyzed individually. This information is not a substitute for consulting with an experienced criminal defense lawyer about your case. This information is also not meant to give legal advice, but is meant solely for general informational purposes.
Hiring An Attorney And Making Bond
These answers are meant to provide general information regarding common questions asked to criminal defense lawyers. Nevertheless, every case must be analyzed individually. This information is not a substitute for consulting with an experienced criminal defense lawyer about your case. This information is also not meant to give legal advice, but is meant solely for general informational purposes.I have not been charged with a crime, but I am being investigated by state and/or federal authorities, what should I do?
I have been arrested. How does bail work and how do I make bond?
How do I go about finding an attorney? What will an attorney charge me?
What does it mean that an attorney is "board certified" in criminal law?
When deciding which attorney I should hire, does it make a difference if I am charged in federal court?
Will it help if my attorney is a former prosecutor?
Am I eligible for a court appointed attorney? Do I want one?
I already have an attorney, but I am not happy with the attorney. What can I do?
I have spoken to a lawyer who has requested that I pay a "performance bonus" in addition to the agreed fee if the lawyer is able to prevent me from being indicted or secures either an acquittal or dismissal of charges pending against me. Is that proper?
I understand that Broden & Mickelsen is a law partnership, how can I know if other firms are considered law partnerships and why is that important?
Do I need an investigator or experts to help prepare my case?
I
have not been charged with a crime, but I
am being investigated by state and/or federal
authorities, what should I do?
If you know you are being
investigated in connection with a criminal
offense, especially a felony offense, you
should consult with an experienced criminal
defense attorney immediately. First,
by involving an attorney at this stage, the
attorney will be able to give you advice as
to whether you should make any statements
to investigators or allow a search of your
property. Always remember, you do not have
to give a statement to the police and any
statement will be used against you. Likewise,
unless the police have a search warrant, you
have an absolute right not to allow the police
to search your property.
In addition, an experienced attorney, if called
during the investigation stage, will often
be able to: (1) obtain information regarding
the investigation so that you can make intelligent
decisions regarding how to proceed; (2) attempt
to convince investigators and/or prosecutors
not to go forward with a prosecution; (3)
in state court felony cases, make a presentation
to the grand jury on your behalf urging that
it not return an indictment against you; and
(4) make arrangements so that, if you are
eventually charged, you can turn yourself
in, so as to avoid being arrested at your
home or work.
I
have been arrested. How does bail work and
how do I make bond?
In state court, a person is entitled to have
bail set in all cases except for capital murder
cases. In federal court, prosecutors must
prove a person is a danger to the community
or not likely to show up to court appearances
before bail can be denied. Often, in federal
court, a person may be released on their "own
recognizance" without the need for bail.
If bail has been set, you can post the bail
in one of two ways. The first way is that
you or a family member can post the full bail
amount. The advantage of doing it this way
is that, assuming you show up to your court
appearances and abide by the bail conditions,
you or your family member will get that money
back once your case is finished. The second
way, if you cannot afford to post the full
amount, is that you can go through a bail
bondsman. Bail bondsmen, however, charge a
fee (usually between 10 percent and 20 percent
of the bail amount) and you do not receive
that money back at the end of the case. Bail
bondsmen also may ask you to post collateral.
An experienced criminal defense attorney will
be able to put you in touch with a bail bondsman
if that is necessary and often, if you are
referred by an attorney, you will pay a lower
percentage fee and have less stringent collateral
requirements. If you are arrested in one of
the smaller municipalities in Dallas County,
it is sometimes necessary to hire an attorney
in order to get a bond set the night of the
arrest.
There is one thing about which you must also
be aware. In state court in Dallas County,
if you have a court appointed attorney and
are able to make bond, the judge will then
require you to hire your own attorney. If
you truly cannot afford an attorney, some
judges will eventually appoint you an attorney
if you arrive at court without an attorney
and prove to the Court that you are, in fact,
unable to hire one. Other judges, however,
when confronted with a person on bond who
repeatedly arrives at Court without an attorney
will forfeit the person's bond and put the
person in jail before again appointing an
attorney.
How
do I go about finding an attorney? What will
an attorney charge me?
With both your liberty and reputation at stake,
you don't want to hire the wrong attorney.
Do not make the mistake that some people do
and simply go through the yellow pages calling
attorneys in order to find the lowest bidder.
You are buying an attorney's knowledge, experience,
and professionalism, you are not buying
a refrigerator.
If you have had friends who have had to hire
a criminal defense attorney in the past, you
should first consult with them regarding their
experiences. In any event, here are some questions
to ask: (1) Does the attorney specialize in
criminal law or is criminal law just once
of the attorney's many practice areas? (2)
Is the attorney board certified in criminal
law? (3) How much experience does the attorney
have with your type of case? (4) Did the attorney
offer to give you a fee contract that sets
out the fee and what he or she will do to
defend your case? (5) Did the attorney take
time to explain things thoroughly and in plain
English? (6) Will the attorney be available
to meet with you and take your phone calls
after you pay his or her fee? Beware of an
attorney that promises a certain result or
suggests that they have special influence
with the courts or the prosecution.
Many criminal defense attorneys in Dallas
County will charge a flat fee as opposed to
an hourly fee. Nevertheless, in setting the
flat fee, a criminal defense attorney will
have to estimate how many hours he or she
thinks they will put into your case. Beware
of attorneys that charge you a very low fee
simply to get your case as often the attorney
will only put as much time into the case as
the fee supports. On the other hand, beware
of attorneys that try to take advantage of
your situation and charge an exorbitant fee
which has no relation to the amount of hours
the attorney will need to work on the case.
What
does it mean that an attorney is "board certified"
in criminal law?
Approximately ten percent of attorneys are
certified by the Texas Board of Legal Certification
(the "Board") as specialists in
a particular area of law. In order to obtain
a certification as being specialized in criminal
law, an attorney must, among other things,
submit an application to the Board setting
forth the trials and appeals he or she has
handled in both state court and federal court
as well as the continuing legal education
he or she has received in the field of criminal
law. The Board obtains evaluations about the
attorney from judges, prosecutors and other
criminal defense lawyers. Finally, the attorney
must pass a rigorous examination testing his
or her knowledge of both state and federal
law. In short, an attorney "Board Certified"
in criminal law is an attorney recognized
by the Texas Board of Legal Specialization
as specializing in criminal defense. Most,
but not all, excellent criminal defense lawyers
are board certified. Both partners of Broden
& Mickelsen are board certified.
When deciding which attorney I should hire, does it make a difference if I am charged in federal court?
Absolutely. There is a substantial difference between the practice and procedures in federal court as opposed to state court. Generally, federal court is a much more formal atmosphere with strict deadlines and also involves more written "pleadings" than state court. As explained below, sentencing in federal court is done using complex sentencing guidelines that the judge is often bound to follow. As a general rule, the legal fees charged to defend a case in federal court are also significantly higher than the legal fees to defend a case in state court. If you are charged with a crime in federal court, always make sure that your attorney has had extensive experience practicing in federal court and does not practice primarily in state court. Be very wary of lawyers who claim they practice regularly in federal court, because there are very few lawyers in the country who regularly represent people in federal criminal cases. Ask the lawyer "how many" criminal cases they have had in federal court. Also, you should request that the lawyer show you on PACER (a website containing all federal cases: www.pacer.uscourts.gov)
how many cases he or she has handled in the
particular federal court.
Will
it help if my attorney is a former prosecutor?
Former prosecutors will argue that experience from "the other side" is a valuable asset. On the other hand, many criminal defense lawyers were trained since the beginning of their careers to develop creative defenses that might not occur to a lawyer with a more prosecutorial frame of mind. Defense lawyers that never worked for the prosecution also have no allegiances and may be more comfortable vigorously challenging the opposition. You want an attorney who believes in your innocence and who does not approach your case as a prosecutor who maintains that you must prove your innocence. Both partners at Broden & Mickelsen are career criminal defense lawyers.
Am
I eligible for a court appointed attorney?
Do I want one?
In state court in Dallas
County, if you are in jail and unable to make
bail, you will often qualify for a court appointed
lawyer. As explained above, however, the court
appointed lawyer will most often be taken
away if you are able to post the bond. In
federal court, many people qualify for court
appointed lawyers because the legal fees charged
for federal court representation are normally
significantly higher than state court representation.
In order to qualify for court appointed counsel
in federal court, you will have to submit
a financial affidavit and have it reviewed
by a magistrate judge. The magistrate judge
will determine if you qualify for appointed
counsel and may require you to pay some sum
in order to defray the costs of the lawyer.
Court appointed lawyers often have a bad reputation
and, often times, this reputation is not deserved.
Like in all other areas of life, there are
good and bad court appointed lawyers. The
attorneys at Broden & Mickelsen continue
to take a small number of court appointed
cases because they believe it is their duty
to help those unable to afford quality legal
representation. For example, courts have frequently
asked Broden & Mickelsen to represent
individuals on appeal who have been sentenced
to death. Although Broden & Mickelsen
give court appointed cases the same attention
as retained cases, the sad fact is that this
is the exception rather than the rule. In
short, make your decision regarding a court
appointed lawyer by the type of attention
the lawyer gives your case, not simply by
the fact that the lawyer is appointed by the
court.
Still, with all of this said, a 2007study was reported in the New York Times discussing the difference between being represented by a public defender as opposed to being represented by a retained attorney in a criminal case. The study was conducted by two economists for Emory University. The study concluded that in serious cases 'the average sentence for clients of public defenders was almost THREE YEARS longer than the average for clients of private attorneys. Moreover, when all cases were considered, the average sentence for clients of public defenders was almost FIVE YEARS longer than the average for clients of private attorneys. Emory Study
I
already have an attorney, but I am not happy
with the attorney. What can I do?
This is often a difficult situation. As discussed
above, most criminal defense lawyers charge
a flat fee and are reluctant to return the
fee after it is paid. If you find yourself
in this situation, you should start by having
a frank discussion with the lawyer, after
all the lawyer works for you. Tell the lawyer
why you are not satisfied. You should also
read your fee contract and you may suggest
that the lawyer return a portion of your fee
so that you can hire another lawyer. If the
problem is significant, you should contact
the State Bar Association at (800) 932-1900
to determine if the State Bar can be of any
assistance.
I have spoken to a lawyer who has requested that I pay a "performance bonus" in addition to the agreed fee if the lawyer is able to prevent me from being indicted or secures either an acquittal or dismissal of charges pending against me. Is that proper?
It is not proper for the lawyer to make such a request under the Texas Disciplinary Rules of Professional Conduct. Under Rule 1.04(e) of the Texas Disciplinary Rules of Professional Conduct, a lawyer "shall not enter into an arrangement for, charge, or collect a contingent fee for representing a defendant in a criminal case." In other words, a criminal defense lawyer cannot request a "bonus" that is contingent upon the outcome of a case.
I understand that Broden & Mickelsen is a law partnership, how can I know if other firms are considered law partnerships and why is that important?
When you hire a partnership, as opposed to a single lawyer, that means that all the partners in the firm have an interest in your case. Many times you will find a lawyer who seeks to imply that they have associates working for them (for example "Smith and Associates") when, in fact, they are sole practitioners. Other times you will find lawyers who appear to be part of a law partnership (for example "Smith, Jones and Miller") when, in fact, they are simply lawyers who share office expenses but who work as sole practitioners. It is a violation of Texas Disciplinary Rule of Professional Conduct Rule 7.01(e) for a lawyer to create the appearance that he has associates when he is a sole practitioner, or for a lawyer to create the appearance that she is a membership of a law partnership when she simply shares office space with other lawyers. At Broden & Mickelsen, Clint Broden and Mick Mickelsen are law partners and share profits. In other words, when you hire Broden & Mickelsen, you are hiring a team. If you are in doubt as to whether a firm is truly a law partnership, you should ask the lawyer you are considering hiring.
Do
I need an investigator or experts to help
prepare my case?
Investigation is often a very important part
of preparing a defense in a criminal case.
A skilled investigator can often obtain information
that could result in winning a trial or obtaining
a more favorable plea bargain. Likewise, an
expert witness can be invaluable in certain
types of cases, especially in cases in which
the prosecution has its own experts.
At your initial meeting with your lawyer,
you should discuss the need for an investigator
to interview witnesses and possible uses for
expert witnesses. It should be clear in the
fee contract whether the costs of an investigator
and experts are part of the fee to be paid
to your lawyer or whether such costs will
be additional.
Please contact us to see if we handle your type of criminal matter here>>>
