Picking the right criminal defense attorney for you.  

There are a lot of choices.  Google “Criminal Defense Attorney, Orange County,” and there are attorney after attorney, with web pages and reviews.  But how do you know which one to pick?  

What everyone person who is accused of a crime deserve someone who is competent, smart, and knows the law.  That’s a given.  But all the attorneys on the internet should carry those qualities.  Being smart and knowing the law is not enough.  Plus, what if it is just a criminal law firm mill, where you do not even talk to your attorney once you hand them over your money!?  

Here are three things one should look for in finding the right attorney for you: 

Trust

Your attorney must be confident and you must have confidence in your attorney.  Your attorney is going to be advising you on some of the hardest decisions you will be making regarding your life.  And, if you trust them, you will avoid a lot of heartache.  Let me give you an example.  

Let’s say you are facing a serious and violent felony.  The way the prosecutor filed the complaint against you prohibits you from getting probation.  You tell your attorney, “I want to go to trial” because you “ain’t going to take that prison plea offer.”  You pay a huge retainer fee, your attorney prepares your case for trial, and tells you that there is a great chance that you may lose.  Now, you think there is a possibility of hope that you can win.  

Your attorney has a few options here to try to negotiate your case.  Your attorney can either try to get the district attorney to dismiss one or two of the counts on your complaint/information to make your case eligible for probation, or they can do a chambers conference with the judge to see if the judge can give a court offer.  The DA won’t budge, but the judge proposes the mitigated/lowest term of 5 years in prison, while you are looking at 18 years in prison, max, and at least 10 years in prison if you lose at trial.  

In this particular situation, you need to trust your attorney’s advice.  If you don’t, when your attorney tells you, “this may not be the best case to go to trial,” then you will disregard what they say, simply because you don’t trust them.  And, when you do not trust them, you will likely get into a worst off situation, because you end up not taking the 5 years, go to trial, and when you lose, because your attorney told you – you may lose, you end up getting 10-12 years, as your attorney may have said would have happened. 

Yes, it should be a given your attorney is competent, smart, and knows the law.  But, you must be able to trust them in order to best achieve the greatest results-for you.  It’s a gut thing, and not a monetary/popular/most loved-thing.  

So, just because you pay, $40,000 for an attorney, that does not mean you will achieve the best result.  Or, just because the attorney has the most “likes” or google reviews, does not mean you will trust your attorney.  You need to feel it when you speak to that attorney in the initial consultation, that you can build a relationship with this attorney, so much so that, when the time comes to make that hard decision as to whether to plead or go to trial, fight the case, or settle, you know you will be making the right decision.  

Relationship with the district attorneys

Let me explain this one through a personal example.  

I was retained on a Petition for a Certificate of Rehabilitation.  I filed the paperwork, as one does, because again, it should be a given your attorney is competent, smart, and knows the law.  I do all the things an attorney should do to get the hearing, serve all the right people, and draft the motion. 

Well, in this particular scenario, after sending in 100s of documents to the district attorney’s office, showing the client finished drug treatment, had a job, bought a house, fostered children, volunteered heavily in the community, etc., the district attorney handling the matter, called my personal cell phone.  She literally said on the phone, “I was going to file an opposition, but then I looked at who the criminal defense attorney that was filing the petition, and thought – Hmmm – I know her, I am just going to give her a call.”  And, that is what she did.  

This district attorney, who I had a personal relationship with, because I primarily practice law in Orange County, and maintain good relationships with the district attorneys, called me to tell me what she thought could help my client’s Petition.  And, that if I just submitted this missing material, which she thought was important, she would not oppose our petition, and in fact, support the petition for certificate of rehabilitation to be granted.  Now, this is powerful.  Because I maintained and kept good relationships with the district attorneys I worked with, she was able to come to me and tell me that she would basically not oppose our Petition, if she had this one thing she personally wanted to see, that would prove to her my client was rehabilitated.  

My client benefited from this relationship, and his Petition was granted on the spot, when we went to court.  There was no arguing or questioning of my client.  The district attorney and I worked together to get my client the results he wanted.  

Good reputation

Your attorney should be smart, competent, and know the law.  But, if they do not have a good reputation in the courthouse, you may not be getting any favors.  

If the judge know your attorney, and your attorney needs a continuance, because you, as the client, are just not ready to take that plea or go to trial, guess what?  If your attorney has a good reputation, with the judge and the district attorney, you will probably get that continuance, and everyone will be willing to work with your attorney.  Why?  Because they have a good reputation.  

However, if your attorney does not know the judge, does not primarily practice in Orange County, the judge or district attorney, may not give your attorney the benefit of the doubt, and oppose the continuance.  These little things count.  Good relationships with the clerks, judges, and attorneys, could make your case a whole lot easier.