There are so many things to consider when finding the best good criminal defense attorney, but in my opinion, and in the opinion of many other attorneys, the very best attorneys are the ones who care the most. It’s as simple as that. But you’re screaming, “What about their school and prior work experienc?!” Yes, they are all factors but I don’t think they matter as much as one would think. Let’s look at each of those factors and then compare and contrast them with simply being a caring attorney.

Does the school matter?

A criminal defense attorney graduating from a top law school merely helps in landing a high-paying job at huge firms. That is because firms can make people assume they have hired the best of the best and thus their gigantic fees are worth every penny. The truth is that all attorneys MUST pass the same exact bar exam or their diplomas are worthless for practicing law. Anyone who is an attorney in California is just as qualified to represent you. If graduating from top law schools meant success, there wouldn’t be 10-20% bar exam failure rates from such top-tier law schools. Check the recent pass rates and you’ll see graduation from a top law school doesn’t guarantee anything. It simply guarantees higher fees charged because they also need to payoff very huge school loans. I have seen many defense attorneys who graduated from no-name schools running circles around those who came from top-tier law schools. That’s because the underdog works much harder and doesn’t have an inflated ego. Legal success does not favor the arrogant, only the most-prepared.

Does the attorney’s experience matter and if so, how?

Experience is important but it’s misleading. One has to learn how different entities work. For example, many big firms limit how much their associates handle within each case. Attorneys in big firms usually do not handle the whole case; they do only parts of it. The firms say this specialization helps perfect the overall representation. It sounds great but let’s see an example of it in real life–how can a mechanic who only specializes in transmissions be any good if he has no idea how the engine works? On the other hand, the mechanic who can see the whole concept of what it takes to make a vehicle move is the one who can then perfect parts of it. Going back to our discussion of attorneys who work in a firm, how can they be expected to help create the best overall defense for you in anticipation of a trial when all he does is work on getting plea deals or simply writing motions, and never seeing the inside of a court? The big firms are the only ones benefiting from this “specialization.” They get to overcharge clients for making them think they are getting more. They also limit the experience/learning of each attorney, so the attorney won’t be able to leave to open their own law practice. How does any part of this help the client?

Is it better if my criminal lawyer was a former prosecutor?

In terms of criminal defense attorney, being a former cop or DA is not as important as you would think. Most people buy into the defense attorneys who claim to have been former prosecutors or cops. Clients assume such attorneys must know the inside games or have friends who may do them favors. This couldn’t be further from the truth and it’s illegal.

If there is an assumption that such an attorney can pull favors because they were once a cop or a prosecutor, that’s illegal and unethical. Because attorneys work very hard to get their law license, they wouldn’t jeopardize it by doing such things. Further yet, once a DA leaves office for private practice, their former colleagues see them as traitors and may go more harshly on them instead of giving them breaks.

However, you are free to let your imagination run wild when someone advertises themselves as a former cop or former DA. But let’s entertain the idea that you have simply assumed that such a former cop or DA could call in favors on your behalf. If that was so, such an attorney could not pull favors indefinitely. They would also owe favors in return. Now, unless you’r related to, sleeping with, or otherwise know this attorney, how sure are you that your case is not the one where he/she will take a fall? There is no such thing as a free lunch. Even then, no attorney would risk their license. If they do, they may also do things which jeopardize your case. So be wary of gimmicks.

Further, the field of law is nothing like the movies or TV shows. Everyone knows almost everything from the opposing side. There are no surprises. You cannot call a surprise witness or drag in surprise evidence at the last-minute in court. All sides must disclose everything ahead of time. All sides are entitled to thorough analysis of all facts and evidence. So, it doesn’t matter where you obtained your experience. If you were never a cop, you still have the subpoena powers to get police training manuals, policies, procedures, any and all transcripts, notes and reports. Thus, you get to see the inner workings of the police force and district attorneys regardless of never having worked for them.

What about Public Defenders?

I have written a whole article about are public defenders any good. You’ll be surprised as to the facts. It’s vastly different than what you hear on the streets.

Are there better ways to determine if an attorney will be good at their job?

If one’s experience or education are not good factors in determining the skills of an attorney, how could caring be a good factor? It’s simple. When you care, you don’t have an inflated ego. It’s not about the attorney. It’s not about charging big fees to buy luxury cars to impress people. It’s about doing the very best for the client who has his/her back to the wall and you’re their only hope.

When you care, you:

• Will do everything to make sure you are more prepared than the other side.
• Will think twice about your client and their family before stopping for the day to have fun or do other activities.
• See the human being behind the name on your case file and you’ll re-check things for the 100th time to make sure it’s right.
• You don’t have to be the smartest, a graduate from an elite school or have experience in places where they give out big titles. You just have to care enough to be that much more prepared than the other side. That’s why most good attorneys know it’s the only sign of a great attorney.

Now, it’s your job to be able to see whether the attorney really cares or whether it’s a sales pitch. Luckily, this is obvious. Trust your instincts and you’ll know.

Look at their prior experiences:

• Did they work in selfish fields, or did they work in industries which helped better the lives of others?
• Are they part of the community?
• Did they truly deliver on their promises to stay in contact and be there for their clients?
• Did they personally answer the calls or did clients have to wait days after many messages to get a callback?
• Did they truly listen or were they trying to pacify you?
• Do understand the issues of immigrants and crimes?
• Do they know about crimes of moral character for immigration purposes?
• Did they spend more time boasting about themselves or their material possessions than listening to your situation–this one is a dead giveaway. Believe it or not, you already know how to choose an attorney, it’s a matter of whether you’re willing to listen to yourself.

My posts/blogs are to be taken for academic purposes only and NOT LEGAL ADVICE. Nothing on my blogs should lead you to believe there is an attorney-client relationship, nor that I am giving legal advice.

Please call my office at (714) 321-9999 for a free consultation to discuss your specific matter where I could then give proper legal advice.

I’m not trying to help you commit a crime. The following info is How to avoid an arrest and police attention for whatever reason you may have. I’ve noticed that a lot of silly mistakes have caused many of my clients to face some major problems due to a minor indiscretion. Think of this information as more commonsense advice on staying clean rather than avoiding an arrest. I guess I could have titled it “Common Sense Advice” but you wouldn’t be reading it, would you?

The Squeaky Wheel

You know the old saying, “The squeaky wheel gets the oil?” Well, loudness also attracts cops. Cops are trained to spot things which look different based on the assumption that the majority are law-abiding citizens. They assume that if you look or act differently, you may not be law-abinding. Sucks? Royally! But we can whine until we’re blue in the face or not allow cops to be attracted to us. So what exactly did I mean by loudness? Everything! Basically, if you standout from others, you’ve drawn attention to yourself.

Here are some common ways people are loud:

• Voice: This is where we should have remembered our elementary school teacher when he/she taught us about “indoor” and “outdoor” voices. That same loud voice which attracts our friends and potential mates also attract the police. Until we can channel our voices to non-police ears only, it’s important to be aware of who may be around us. Part of the awareness of who may be around us is knowing who we may have annoyed with out voices–these are the very people who “rat” on you and call the cops.
• Clothing: Clothing is a biggie! Are you wearing things which look very different than others? Being hip and fashionable can have drawbacks with old-fashioned older cops who mistake your “style” for those who fit the stereotype. For example, are you wearing shorts in snow or a sweater and jacket in the peak of summer? Are you wearing colors and styles which are similar to gangs, drug users, vagrants, teenagers and the like? Cops know that young people are more likely to commit crimes. They watch specifically for younger-looking people who are drawing attentions to themselves or acting out of the ordinary. While you may like dressing Goth with a large trench coat but if it’s midsummer and you’re cruising the isles of a store for a deodorant from the extra sweat, cops and store security could decide to track you for a while.
• Mannerisms: Mannerism is both manners and how you choose to use or not use those manners. It’s how you greet people, how you eat, how you walk, how you respond to questions, etc., Have you noticed how a polite person in a business suit can get away with a lot more than a young person with dirty clothing and foul mouth? The man in the business suit could very well be holding up a bank. But up until the hold-up, he is given all the credit in the world. However, the young man in a messy outfit has to over-compensate by being extra nice and polite before he’s given any benefit of the doubt at the door of a liquor store. Hey, I didn’t create how people judge–take it up with your creator. But until then, learn to care how you’re perceived by others.
• Music: loud music has been the cause of many arrests for other criminal activities which could have gone unnoticed otherwise. Music gets young people in more trouble than is imaginable. Young people REALLY enjoy their music with a need to let others know how “cool” it and they are. Young people don’t always think or care about the ramifications of playing loud music. But music goes together with deviant behavior like smoke goes with fire, as far as most cops are concerned. All it takes is one complaint for a cop to notice you. If you or one of your friends happen to be doing something illegal when the cop talks to you about your music, well, the rest is history…
• Driving Style: Good driving skills are acquired by a lot of practice but intentional bad driving (showing off) draws cops like bees to honey. The same logic as music goes here–give a cop reasons to pull you over for one thing and you may have opened the door for him to find other things as well. In hindsight, most people regret their “fun” when it costs them an arrest.

Unfortunately, immigrants who don’t know any better are often caught not knowing about which clothing styles transmit certain types of impressions. They don’t know that some cops are looking to stereotype them and they usually fall under suspicion as a result.

Tactfully Negotiate

If you can’t hit them with sympathy and they don’t care for your spotless record, try to avoid at least a physical arrest where they take you into custody. Try to ask for a “notice to appear” rather than being taken into the station. If you’re not a flight risk because you have too much to lose from the small incident for which you’re being arrested, tell them. How to avoid an arrest, Explain how a mug shot could devastate your career and future.

No matter what you say, NEVER yell! Don’t become rude or hostile. That’s a sure way of adding charges against you.

Just Say No, to Searches!

Can the police search anywhere? Never give permission for any searches of any type. They may still search you, but if you didn’t consent to it AND they violated your rights, your attorney could have the discovered evidence thrown out. But if you consent, the evidence could stay even if the cops had no rights to them previously.

My posts/blogs are to be taken for academic purposes only and NOT LEGAL ADVICE. Nothing on my blogs should lead you to believe there is an attorney-client relationship, nor that I am giving legal advice.

Please call my office at (714) 321-9999 for a free consultation to discuss your specific matter where I could then give proper legal advice.