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When interviewing an attorney always be aware that the attorney works for you. Lawyers can be intimidating and many do not communicate well with clients. Do not hesitate to ask questions about the attorney's experience and the law as it applies in your case. A good attorney will be able to answer your questions and when the answer is not immediately forthcoming should tell you when your question will be answered. No one knows everything but a good lawyer will be able to find the answer and get back to you. Always remember that the decision about what to do with your case belongs to you and no one but you. You can fire your lawyer at any time. You should hire an attorney who answers phone calls as quickly as possible, who explains what is going on in your case and who tries to accommodate reasonable requests. Remember that a lawyer's time and expertise are your most effective weapons in fighting the system, it is also an attorney's most valuable asset - you will pay for quality.
The best lawyers, in the criminal field, are first and foremost trial lawyers. It is the experience that a trial lawyer gains, in the trenches, that enables that lawyer to make accurate judgments about whether a plea offer is reasonable. Plea offers are usually justified on the basis that the government gives up a chance at a long sentence in exchange for not having to call people to court to testify and because it ensures finality of a conviction. The defendant should get a offer that would be less than a jury would assess in exchange for giving up the trial rights that every citizen accused has by virtue of the Constitution of the United States, the Constitution of the State of Texas and statute. Seasoned trial lawyers are best equipped to make this type of evaluation. Even so, the final decision always belongs to you.
You should also be made aware on any collateral consequences of you plea. These days with Congress and State Legislatures full of vindictive and over-zealous members a conviction of a crime may result in "so-called collateral consequences". These include loss of driver's license, loss of right to own or possess a gun, loss of eligibility for food stamps, government aid, student loans, and immigration consequences - to name a few. Your lawyer should be aware of these and tell you about them before you are asked to make any decision regarding a plea. (See "Ethical Implications" paper on this web site.) |