As you are being placed under arrest, you will be informed of your Constitutional rights. One of those rights is to have an attorney. While the courts will provide one to you free of charge if you cannot afford one, it is best to hire your own attorney.
Even though the financial expense may be a strain, hiring your own criminal defense attorney will provide you with a better defense. However, not every lawyer is competent in their representation. While time is of the essence to fight your charges and hopefully avoid a conviction, you should make sure you watch for the signs of an incompetent lawyer.
How Does an Incompetent Lawyer Behave?
This may very well be the only time you have ever been in trouble with the law. The attorney you choose has the potential to make all the difference in your case. If you have an attorney who is impatient regarding your questions, lacks experience defending the criminal charges you’re facing, is late to or forgets meetings, or is intentionally dishonest, you should find someone else to represent you immediately.
Delving deeper, here are critical clues that you have an incompetent attorney:
Issues with the Bar
One of the most important things to check when choosing a criminal defense attorney is to make sure they are licensed with your state bar. You can learn a lot by looking them up, and if they have lost their license or there are other issues noted, they may have violated the code of ethics. An attorney who has been disciplined by the Bar generally lacks honesty and professionalism, and you should avoid them.
Lack of Communication
Communication is crucial when you work with a criminal justice attorney. While every attorney is busy, pay attention if your lawyer takes an exceptionally long time to respond to any of your messages via calls, texts, or emails. Every client should be treated like a priority, and an attorney who does not respond or fails to communicate is a huge red flag.
Even the busiest attorney will make sure to get back to you, and when a lawyer has yet to respond after ample time, it may be a sign that they have not completed certain tasks with your case. An attorney can also be an ineffective communicator while being prompt to respond. They should consult you on major decisions and reach out to keep you abreast of what’s happening in your case. If your attorney is acting in this way, you deserve better and should find a new one immediately.
Lack of Concern or Interest in Your Case
A telltale sign of an incompetent defense attorney is that they will initially appear very enthusiastic when you first meet them. Soon after hiring them, they seem to exhibit the exact opposite attribute. They’ll take your money, then fail to investigate and get the evidence needed to clear your name. You need an attorney who will build a solid defense, not leave you to face the prosecution unprepared.
Dishonest or Unclear Billing
A competent criminal defense attorney will always be clear about the costs of hiring them for representation. They will make sure that all the terms are understood and in writing, allowing you to know exactly what to expect.
By contrast, an incompetent attorney will be completely mysterious about their billing practices. Some are downright deceitful and should be the ones under scrutiny by the law. They may inflate charges with excessive fees, tack on overhead expenses, or even pad their hours to get more money. Sometimes, it may be a clerical error, though if you’re finding a lot of unclear charges and shifty behavior, you have an incompetent attorney.
Pushing You to Plead Guilty
There are some scenarios where accepting a plea deal is a smart option, while in others, it may not be the best idea. For example, if you’re facing charges for sex crimes and there is a mountain of evidence against you, it may be best to issue a guilty plea and take the deal.
Incompetent or bad attorneys will push for a plea deal as a fast resolution to wrap up your case. This isn’t a good outcome for you unless they have thoroughly explored all other options. An attorney who pushes you to plead guilty too soon does not have your best interests at heart and isn’t fighting for you.
False Claims
When searching for a criminal defense attorney, you may have been convinced by your lawyer’s website touting decades of experience. While experience, especially with cases similar to yours, is important, don’t just take their word for it. Check into their background and qualifications to ensure they truly have earned their accolades.
Promising Certain Results
Incompetent attorneys have no problem telling lies, and that’s something to be concerned about. They may promise you before you hire them that they can get your charges dropped, have the case dismissed, or achieve another positive outcome.
No attorney can ever guarantee a positive outcome in any kind of case. They don’t have that kind of control, and if they did, it’s likely that no one would ever serve time for their alleged crimes. An attorney can make sure to clarify that they will do everything they can to fight for you, though promising specific results is highly unethical.
How Do I Find a Competent Criminal Defense Attorney?
If you need a criminal defense attorney, finding one who is competent, knowledgeable, experienced in representing your type of case, and trustworthy isn’t too hard. While there are some incompetent lawyers, you’ll also find many who will do the best work for you.
Pay attention when you first speak to them and note how they act after being hired while reviewing your evidence and building a strategy. If they are constantly keeping you informed, responding at a reasonable rate to your calls, and ensuring your bills are clear and precise, it’s a safe assumption that you’ve found someone competent.
No matter the charges you’re facing, an experienced criminal defense attorney in Tucson will review your case and determine the best course of action. They may not be able to help you avoid a conviction, but an attorney who works hard to minimize your consequences has earned a solid reputation in the community. Make sure that you look them up on the Arizona Bar and review their credentials first, and then you’ll feel more confident in your choice. In the event that you hire a dud, it’s best to fire them and seek new counsel for your representation.
