Attorney?'
If you have been arrested or accused of a crime that has the potential of jail
or prison time, you may want to seriously consider hiring an attorney to
represent you. Unless you don?t mind the possibility of spending time in jail,
you?ll probably want the services of an attorney. Almost any expert will
strongly advise a person against representing him or herself in court unless
they are very knowledgeable about the field of law; and even then he or she will
still be discouraged from representing him or herself for a criminal case. Less
than one percent of people represent themselves in a criminal case. The vast
majority of people engage the services of an attorney. That is because it is
very difficult for someone to represent him or herself in court. You wouldn?t
want someone without any knowledge of how to do heart surgery doing a heart
transplant on you would you? Likewise, would you want to represent yourself in
court and face possible prison time without having the best possible legal
advice available to you? If a person cannot afford to hire an attorney the
court will appoint an attorney, typically called a public defender. The
constitution of the United States requires a person be provided with legal
representation if they cannot afford it. But it is only required if a person is
facing possible jail or prison time. If a person is only facing the possibility
of a fine, the court is not required to provide the defendant with an attorney.
A court appointed attorney may not cost the defendant any money or the defendant
may receive the court appointed attorney at reduced fees. It depends on the
income of the defendant. If a person wants a public defender they will be
required to fill out financial documents for the court to determine whether or
not they qualify for a public defender and also whether or not that they receive
the services of the public defender for free or at a reduced cost. If a person
qualifies for a reduced cost court appointed attorney, it is generally called a
partial indigency. At the conclusion of their case, the judge will require the
defendant to reimburse the county or state for a specific portion of their legal
fees. The rates are usually much lower than those charged by private defense
attorneys. If you do not qualify for a court appointed attorney and are hiring
one on your own, how do you find one? Personal recommendations from people you
know are almost always the best way to find an attorney. Other sources of
information to help find a criminal attorney are: Internet, Yellow Pages, your
civil practice attorney, your local bar association lawyer referral panel (if
they have one) and the Martindale-Hubbell publications. The Martindale-Hubbell
publications are available at most libraries and on the Internet. The
publications do their best to list every attorney in the US by geographical area
and lists the area or areas of law that attorney specializes in. When hiring a
criminal attorney on your own, try to interview several attorneys before hiring
one or ask your family and friends help you. It is important to find an attorney
you feel comfortable discussing all aspects of your case with. Some defense
attorneys offer a no cost personal interview consultation. One thing to remember
when hiring an attorney: make sure you hire an attorney who specializes in your
area of criminal law. Most attorneys will require an up-front retainer fee
which can be a significant amount depending on the type of criminal case you
have. Some attorneys charge a set fee for handling a specific type of case. But
it is more common for an attorney to charge by the hour. Some attorneys who
charge by the hour will set a cap fee for the case. That means a sum will be
agreed on that is the highest amount the defendant has to pay. If the hourly
costs reach this set amount, the lawyer will finish representing the defendant
through to the completion of the case without charging any more money. Although
contingency fees, which are where an attorney only gets paid if he or she wins
the case, are common with certain types of civil cases, they are not used with
criminal cases. Contingency fees are considered unethical and are not permitted
in criminal cases. In addition to knowing what fees an attorney will be
charging, a defendant also needs to know what services those fees cover and do
not cover. Fees such as the cost of expert witnesses are normally not included
in the normal fees of an attorney.
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