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Frequently Asked Questions
Sifuentes and Locke, LLP
Frequently Asked Questions
- How do I know if my criminal defense attorney is on top of my case?
- Can I get a second opinion on my criminal case?
- If I am under suspicion for a crime how can a lawyer help me?
1) How do I know if my criminal defense attorney is on top of my case?
It is always difficult to judge another attorney’s work. Much of the work that criminal defense attorneys do is behind the scenes and for that reason many people believe that their San Antonio criminal defense attorney is doing nothing on their case when in reality they are working hard. However, there are some warning signs that every client with a potential criminal defense problem should look out for.
- 1) If your lawyer has stopped calling you back or refuses to call you back you may have a problem. Ethical rules require that you be kept informed of what is going on with your case. You are entitled to know and understand what to expect the next time you go to court.
- 2) If your lawyer won’t explain what kind of strategy he is employing to get your case dismissed, or get your case resolved you might have a problem. There are only three ways a criminal case can be resolved, by dismissal, by trial or by plea. An attorney should be able to tell you which cases should be tried, which cases should be pled and which cases should be dismissed. It is sometimes difficult to make this assessment if the criminal defense attorney does not have all of the information.
- 3) If you don’t understand your lawyer’s jury argument, neither will the jury. Criminal issues can be very complex. However, juries are made up of normal everyday people. If your lawyer wants to take your case to a jury trial you should ask what your best arguments will be. If you don’t understand the arguments chances are your jury won’t either.
2) Can I get a second opinion on my criminal case?
Absolutely. If you feel like you don’t understand what is happening with your criminal case you need to talk to another lawyer. If you take a plea without understanding the consequences it is very difficult to convince a judge to reject the plea and let you go to trial. Therefore, it is important to talk to your attorney and make sure you understand what you are doing and why you are doing it. If, after you have spoken to an attorney you still don’t understand your legal situation you should talk to another lawyer. Usually, the first consultation is free and confidential. So, you have very little to lose by asking another lawyer if you are making the right decision.
3) If I am under suspicion for a crime how can a lawyer help me?
If you have been contacted by a detective it is important that you hire a lawyer. A lawyer can help you by explaining your side of the story without the possibility of you incriminating yourself. If a detective writes in a police report that you said something, favorable or unfavorable, that statement can be used against you. If you change tactics later even a favorable statement can be made to look bad. However, if your lawyer speaks for you those statements cannot be attributed back to you, and you are not locked in regarding a specific tactic. Therefore, if you think you might be suspected of a crime it is in your best interest to hire a criminal defense attorney.