Most criminal cases are decided long before trial, in conversations you are not present for. That is what you are hiring someone to be in.
Most people picture criminal defence as a courtroom — cross-examination, objections, a closing speech. In reality the overwhelming majority of cases never see a jury. They are resolved in hallway conversations, in prosecutor's offices, and in written motions filed weeks before any trial date.
That is what you are actually hiring: someone to be in rooms you are not in, having conversations you cannot have yourself.
The stages, and where cases are really won
- Investigation
Sometimes before any arrest. If you know you are under investigation, this is the cheapest and most effective moment to get a lawyer — charges can sometimes be prevented entirely. - Arrest and booking
Say nothing beyond identifying yourself. Ask for a lawyer, clearly and out loud. - First appearance and bail
Within days. The court sets conditions of release. Representation here materially affects whether you wait at home or in custody. - Charging decision
The prosecutor decides what to file, which is not always what you were arrested for. Early defence contact sometimes reduces or avoids charges. - Discovery
The prosecution must disclose its evidence. Your lawyer reads it properly — police reports, body camera footage, lab results, witness statements. - Pretrial motions
Where cases are actually won. Motions to suppress evidence obtained through an unlawful stop, search or interrogation can gut a case entirely. - Plea negotiation
How most cases end. The strength of your motions determines the strength of your bargaining position. - Trial
A small minority of cases. Real, and rarer than television suggests. - Sentencing
Often the most consequential stage, and the one clients under-prepare for.
The suppression motion is the whole game
If the stop was unlawful, or the search exceeded its scope, or you were questioned in custody without being advised of your rights, the evidence that flowed from it may be excluded. A prosecutor holding a case with the central evidence suppressed offers a very different deal from one holding a complete file. This is why "the lawyer isn't doing anything, we haven't been to court" is usually wrong — the work is in the paperwork.
What to do if you are arrested
Five things, and they are all things people find difficult under stress.
Say the words clearly. "I am going to remain silent. I want a lawyer." Ambiguous phrasing has been held insufficient in US courts. Say it plainly, then stop.
Then actually stop talking. This is the hard part. Silence in a small room with a patient person is genuinely uncomfortable, and interviews are designed around that discomfort. Explaining, denying and clarifying all produce statements that are used later.
Do not consent to searches. If officers have a warrant they do not need consent. If they ask, they may not have grounds. Saying "I do not consent to a search" politely does not make you look guilty and preserves a legal argument.
Assume you are recorded. Police vehicles, custody suites, and telephone calls from jail are recorded. The only exception is a call with your lawyer.
Write everything down as soon as you can. Times, officer names, what was said, who was present, whether you were advised of rights. Memory degrades fast and this document becomes your lawyer's starting point.
"I'll just explain and clear it up" is how good cases become bad ones
Innocent people talk because staying silent feels like admitting something. Officers are trained interviewers and are not required to be accurate about the evidence they hold. You cannot talk your way out, and everything you say narrows your lawyer's options later.
Misdemeanour, felony, and what actually follows
| Misdemeanour | Felony | |
|---|---|---|
| Typical custody | Up to a year, local jail | Over a year, state prison |
| Court process | Faster, fewer stages | Preliminary hearing or grand jury, longer |
| Firearm rights | Usually retained (exceptions apply) | Generally lost |
| Voting | Retained | Restricted in some states |
| Employment effect | Significant | Severe and lasting |
| Immigration risk | Possible | High — including deportation |
The collateral consequences are frequently worse than the sentence, and they are the part clients think about least at the start.
Employment. Background checks are near-universal. Some convictions bar entire fields — healthcare, education, finance, transport.
Housing. Landlords screen, and public housing has its own exclusions.
Professional licences. Nursing, law, teaching, real estate and many trades require disclosure and can suspend or refuse a licence.
Immigration. This is the big one. Certain convictions are deportable or bar naturalisation for non-citizens, including some that look minor. If you are not a US citizen, this must be raised with your lawyer at the first meeting — see our immigration guide.
Family court. A criminal matter routinely affects custody proceedings.
Tell your lawyer your immigration status at the first meeting
A plea that is a good criminal outcome can be a catastrophic immigration outcome. Defence counsel has a duty to advise on immigration consequences, but they can only do that if they know. Non-citizens should ask specifically whether the proposed plea is deportable.
Public defender or private lawyer
An honest comparison, because the assumption that private is automatically better is not reliable.
Public defenders are qualified criminal lawyers, frequently with more trial experience than private practitioners, and they know the local judges and prosecutors intimately. The constraint is caseload, which limits time per client rather than competence.
Private lawyers can devote more time and hire investigators and experts more freely. But "private" includes both excellent specialists and high-volume operations that plead everything quickly.
Ask any private lawyer the same question you would use to assess a public defender: how many active cases are you carrying right now? The answer is more informative than the fee.
What it costs
Criminal defence is usually charged as a flat fee per stage rather than hourly, which protects you from open-ended bills. What matters is knowing which stages the fee covers.
- Pre-charge representation — often a separate, modest fee, and frequently the best money spent
- Misdemeanour, resolved by plea — commonly low four figures
- Felony, resolved by plea — mid four to five figures depending on severity
- Trial — a separate fee, frequently several times the plea fee
- Expert witnesses and investigators — additional and can be substantial
- Appeals — separate engagement entirely
Get in writing exactly what the fee covers and what triggers an additional fee. The most common surprise is discovering that the quoted fee ends the moment the case is set for trial.
Bail, and getting out
The bail decision happens in days and shapes everything that follows. People held in custody plead guilty at higher rates than people released — not because they are more guilty, but because custody is unbearable and a plea ends it.
Courts generally consider flight risk, danger to the community, the seriousness of the charge, criminal history, and ties to the area — employment, family, length of residence.
What actually helps at the hearing:
- Proof of employment. A letter from an employer confirming a job is waiting carries real weight.
- Community ties. Length of residence, family locally, children in local schools.
- Someone in the courtroom. Family present matters more than people expect.
- A concrete release plan. Where you will live, who you will live with, what conditions you will accept.
- Treatment enrolment. Where substance use is a factor, already being enrolled shows initiative rather than obligation.
Bail bond agents typically charge a non-refundable percentage of the bail amount, which you do not get back even if the case is dismissed. Where a court offers release on your own recognisance or supervised release, that is almost always the better option. Several jurisdictions have moved away from cash bail entirely, so ask what applies locally rather than assuming.
Comply with every condition exactly
Curfews, check-ins, no-contact orders, travel restrictions. A violation can revoke release and lands far harder than the original charge — and it hands the prosecution an argument about your reliability that follows you to sentencing.
Questions to ask before hiring
- What percentage of your practice is criminal defence?
- Have you handled this specific charge in this specific county?
- How many cases have you taken to verdict in the last two years?
- Will you personally appear, or will an associate?
- What does your fee cover, and what triggers more?
- What are the realistic outcomes here — best, likely, worst?
That last question separates professionals from salespeople. Anyone guaranteeing a result is telling you something about themselves, not about your case.
Check the state bar's public licence and discipline record before signing. It is free and takes two minutes.
UK differences worth knowing
A criminal defence lawyer in England and Wales is usually a solicitor, who may instruct a barrister for Crown Court advocacy. Cases divide between magistrates' courts and the Crown Court depending on seriousness.
Legal aid remains available for criminal cases subject to means and interests-of-justice tests, and the duty solicitor scheme provides free advice at the police station regardless of means — a genuinely valuable right that many people decline because they think it will look bad. It does not.
The caution about silence differs too: the UK caution notes that failing to mention something you later rely on may harm your defence. That makes the decision about whether to answer questions more nuanced than in the US, and it is precisely why you take the free solicitor before the interview rather than after.
Clearing your record afterwards
Expungement or record sealing exists in most US states for certain offences after a waiting period, and it is dramatically underused. Eligibility depends on the offence, the outcome, and time elapsed without further convictions.
Two things worth knowing: dismissed charges and arrests without conviction often still appear on background checks and usually need a separate application to remove; and diversion programmes that avoid conviction frequently still leave a record unless you apply to clear it.
If you completed a sentence years ago and never looked into this, it is worth an hour of a lawyer's time. In England and Wales the equivalent is the rehabilitation period under the Rehabilitation of Offenders Act, after which most convictions become spent for many purposes.
Sentencing, and why it deserves preparation
Clients focus everything on guilt or innocence and treat sentencing as an afterthought. In practice, most cases resolve by plea — which means sentencing is the stage that actually determines what happens to your life.
Judges typically weigh the offence itself, your history, remorse, the impact on any victim, and your prospects. Much of that is fixed. What is not fixed is what the court knows about you, and that is entirely within your control.
A well-prepared sentencing package usually includes:
- Character letters from employers, colleagues, community and faith leaders — specific and personal, not generic templates
- Proof of employment or education currently ongoing
- Evidence of treatment already begun — substance use, mental health, anger management. Started voluntarily, not ordered.
- Restitution already paid, or a concrete plan to pay it
- Community service already completed
- Medical or family circumstances relevant to the sentence
The consistent theme is initiative. A defendant who enrolled in treatment three months before sentencing presents very differently from one who promises to enrol afterwards. Ask your lawyer at the first meeting what you should start doing now, because the useful things all take months.
The summary
Say you want a lawyer and then stop talking. Do not consent to searches. Write down everything you remember as soon as you can. Tell your lawyer your immigration status immediately.
Then judge the lawyer on caseload, trial record and the honesty of their outcome assessment — not on advertising. The work that decides your case is mostly invisible, and the people who do it well are rarely the people with the biggest billboards.
Frequently asked questions
Is a public defender as good as a private lawyer?
Public defenders are often highly experienced trial lawyers who know the local courts extremely well. The constraint is caseload, not competence. Ask any private lawyer what their caseload is too.
What is the difference between a misdemeanor and a felony?
Broadly, misdemeanors carry up to a year in local custody, felonies carry longer sentences in state prison and heavier collateral consequences for employment, housing and immigration status.
Should I talk to police if I am innocent?
Not without a lawyer present. Innocent people are convicted on their own well-meaning statements more often than most people believe. Politely ask for counsel and stop talking.