Last Updated on: 19th October 2023, 01:41 pm

Questions to Ask When Hiring a Federal Criminal Defense Attorney

Getting charged with a federal crime is scary. The federal government has like, so many resources. And they usually win cases. So if you’re looking at federal charges, you need a really good lawyer on your side.

But how do you know if a lawyer is really good at federal cases? It’s not like you can Yelp search “best federal defense attorney near me.” You gotta ask the right questions to find someone who can really help.

Here’s some stuff to ask when interviewing federal criminal defense lawyers, so you can find the best one for your case:

Do You Specialize in Federal Cases?

Federal court is really different from state court. The judges are different, the rules are different, the procedures are different. It’s like a whole other world.

So you want a lawyer who knows that world inside-out. Ask if they specifically specialize in federal criminal defense. Have they handled a lot of federal cases before? How many years of federal experience do they have?

Look for someone who does federal cases day in and day out. Not someone who dabbles once in a while. You want an expert.

What’s Your Experience with My Type of Federal Charge?

There’s all kinds of federal charges – drug trafficking, white collar crime, child pornography, etc. Make sure to ask if the lawyer has experience defending your specific charge.

For example, if you’re charged with mortgage fraud, you don’t want a lawyer whose only federal experience is drug distribution cases. Find someone who’s defended mortgage fraud cases before.

Ask how many similar federal cases they’ve worked on. How often do they deal with your type of charge? Experience matters.

Do You Have Relationships with Federal Prosecutors and Judges?

Having connections can really help in federal court. Ask if the lawyer knows any federal prosecutors or judges personally.

Those relationships can help with things like getting charges reduced or dismissed. Or working out better plea deals. Or swaying judges at sentencing.

Of course, don’t expect any guarantees. But personal connections sure don’t hurt.

What’s Your Track Record with Negotiations and Trials?

How successful is this lawyer at negotiating with federal prosecutors? Can they get charges dropped or reduced? Do they have a reputation for working out good plea deals?

And if your case goes to trial, what’s their federal trial record look like? What’s their win-loss ratio? Have they won tough federal jury trials before?

Past performance predicts future results. So look for a lawyer with a proven record of success in federal court.

Who Will Actually Handle My Federal Case?

Some law firms hand off work to less experienced attorneys. Make sure to ask who will be the lead attorney on your federal case. Is it the lawyer you’re interviewing with? Or someone else?

Will a senior partner supervise the whole case? Or will a junior associate do most of the work? Get a clear sense of who your point person will be.

You want an experienced federal defense lawyer actively involved in your case. Not just supervising from a distance.

What Are Your Views on Cooperating with the Government?

If you’re charged in a federal conspiracy case, prosecutors may want you to “cooperate” against others. This means giving them information to help build cases against co-defendants.

Ask your potential lawyer how they advise clients on cooperation deals. Some defense attorneys refuse to consider it at all. Others may encourage cooperating.

Make sure your lawyer’s views on cooperation align with your own. This is a super important strategic decision.

How Do You Conduct Discovery in Federal Cases?

Discovery is when your defense team gets evidence from prosecutors about your case. This includes police reports, witness statements, surveillance footage – anything relevant.

Federal discovery is complex. Ask how your lawyer handles the process. Do they take an aggressive approach and dig for every detail? Or just accept what prosecutors hand over?

A thorough discovery strategy can uncover weaknesses in the government’s case. So you want a lawyer who excels at this.

Will You Help Me Understand the Federal Sentencing Guidelines?

The federal sentencing guidelines are no joke. Even if you plead guilty, the guidelines dictate your potential prison sentence.

Ask if the lawyer will take time to explain how the guidelines work in your case. Will they crunch the numbers and estimate your sentencing exposure?

You need someone who can break down this critical piece in plain English. So you understand the risks.

How Do You Handle Pre-Trial Motions in Federal Court?

Lots of important stuff happens before a federal trial even starts. Your lawyer can file pre-trial motions trying to get evidence thrown out, charges dismissed, etc.

Ask about the lawyer’s pre-trial motion strategy. Do they take an aggressive approach and actively seek to weaken the government’s case early on? Or do they hold back?

An experienced federal attorney will pursue every advantage here. This is a huge opportunity to gain ground.

What Are Your Billing and Fee Options?

Federal criminal cases ain’t cheap. Rates for top federal defense lawyers can run $500+ an hour. Ask up front about fees and billing.

Some lawyers offer flat fees for certain parts of a case. Others bill hourly. See if they can estimate the total cost. Get a sense of what you’ll pay.

Also ask if they offer payment plans or take credit cards. Federal cases drag on, so you’ll want flexibility.

Can You Provide References from Past Federal Clients?

At the end of the day, you want a federal defense lawyer who other people recommend. Ask if they can connect you with former clients to get their feedback.

Past clients can give you a sense of what it’s like to work with this lawyer. How responsive are they? Are they really engaged in the case? Do they fight hard for their clients?

Client references are like gold – take advantage if they’re offered.

Trust Your Gut!

Interview a few lawyers and go with your gut. Who makes you feel most comfortable? Who seems to really connect with you and your situation?

You’ll be working closely with them for months or years. So make sure you choose someone you have a good rapport with.

Don’t ignore those instincts – they’re usually right!

Finding the right federal defense lawyer is super important. Don’t rush it! Ask lots of questions and make sure it’s a good fit. This person could literally save you years behind bars.

Hopefully these questions help you find the best of the best to take on the federal government and win your case! Best of luck.

Sources:

Overview of the Federal Court System

Key Differences Between Federal and State Courts

How Federal Sentencing Guidelines Work

Federal Criminal Discovery

Stages of a Federal Criminal Case