Three Important Factors to Consider When Selecting Your Criminal Defense Lawyer

Choosing your criminal defense lawyer is an important decision. It may be one of the most important decisions you have ever made. I have been a criminal defense lawyer for 40+ years. Based on my experience, I would suggest you consider the following three factors when choosing your defense lawyer:

  1. COMPETENCE
    Is the lawyer truly an experienced criminal defense lawyer & competent to handle your case? There are lots of civil lawyers who claim to be criminal defense lawyers, but they are not. Do not hire a civil lawyer to handle your criminal case. Hire the best criminal defense lawyer you can afford. It’s your liberty, and you want the most competent, experienced criminal defense lawyer you can find to protect your freedom and your record.
  2. COMMUNICATION
    Is the lawyer someone who communicates with you in a way you understand? One of the biggest complaints against lawyers is that they do not return phone calls. You want a lawyer who will communicate with you. Some lawyers with volume practices are good, but very difficult to reach. If your lawyer is difficult to reach, that will cause you considerable stress and frustration. My clients have all my contact information. As needed, I communicate with my clients by phone, email, and text. Our office policy is to respond to all client communications as promptly as possible. Communication with your lawyer is key to stress management and successfully resolving a criminal case.
  3. FEES
    Get a lawyer within your price range. Hiring a cheap lawyer is generally a waste of money, as they will do nothing. Hiring a lawyer you cannot afford will not end well. Get a lawyer who sets a fee that you can pay.

I do not quote fees in the dark. Typically, the client comes to see me, and I interview them. After the initial interview, I first decide whether to take their case. I do not take every case. Second, I quote a fee if I decide to take a case. Every case is different, and fees are determined by the time required, the case’s difficulty, and my level of experience.

Frequently Asked Questions About Hiring a Criminal Defense Lawyer

Choosing the right criminal defense lawyer is an important decision. The questions below address experience, communication, fees, federal criminal defense, and what to ask before hiring an attorney.

Questions Answered Below

What should I look for when hiring a criminal defense lawyer?

When hiring a criminal defense lawyer, look for experience, competence, communication, preparation, and judgment. A criminal case can affect your freedom, record, reputation, career, and family. You should hire a lawyer who regularly handles criminal cases and understands how to evaluate evidence, negotiate with prosecutors, prepare for trial, and protect your rights at every stage of the case.

Robert J. Fickman has represented individuals and businesses in serious criminal cases for decades, including state and federal criminal matters in Texas.

What questions should I ask before hiring a criminal defense lawyer?

Important questions include: How much criminal defense experience do you have? Have you handled cases like mine before? Who will personally work on my case? How will you communicate with me? What are the possible risks? What is your fee structure? What does the fee include? A good consultation should help you understand both the seriousness of the case and the lawyer’s approach to defending it.

Should I hire the cheapest criminal defense lawyer?

Cost matters, but price should not be the only factor when hiring a criminal defense lawyer. A lawyer who charges less may not be the right lawyer for a serious case if they lack the experience, time, or preparation needed. The better question is whether the lawyer has the skill, judgment, and ability to properly defend the case.

How much does a criminal defense lawyer cost?

The cost of hiring a criminal defense lawyer depends on the seriousness of the charge, the complexity of the evidence, the stage of the case, the amount of work required, and the lawyer’s experience. Some matters may require limited representation, while serious felony, federal, or trial-level cases may require substantial investigation, preparation, motion practice, negotiation, and courtroom work. The only reliable way to determine the fee is through a consultation after the lawyer understands the facts and scope of the case.

Why do criminal defense fees vary so much?

Criminal defense fees vary because no two cases are the same. A case involving a single court setting is different from a case involving extensive discovery, witness interviews, forensic evidence, federal agents, grand jury subpoenas, detention hearings, motion practice, trial preparation, or sentencing exposure. Fees should reflect the work required, the seriousness of the allegations, and the lawyer’s experience.

Is hiring a federal criminal defense lawyer different from hiring a state criminal defense lawyer?

Yes. Federal criminal cases are different from state criminal cases. Federal cases may involve federal agents, grand jury subpoenas, indictments, federal detention hearings, federal sentencing guidelines, conspiracy allegations, financial records, wire communications, and complex investigations that may have lasted months or years before charges are filed. If your case involves federal authorities, you should consider hiring a lawyer with experience in federal criminal defense.

When should I hire a federal criminal defense lawyer?

You should contact a federal criminal defense lawyer as soon as you believe you may be under investigation, receive a subpoena, are contacted by federal agents, learn that others have been interviewed about you, or believe charges may be coming. In federal cases, early representation can be extremely important because the government may already be building its case before an arrest or indictment occurs.

For more information about federal investigations, visit our page on what to do if you think you may be under federal criminal investigation.

What should I ask before hiring a lawyer for a federal criminal case?

Ask whether the lawyer has handled federal cases, appeared in federal court, dealt with federal prosecutors, reviewed federal discovery, handled grand jury or subpoena issues, argued federal motions, tried federal criminal cases, and addressed federal sentencing issues. Federal criminal defense requires more than general criminal defense experience; it requires familiarity with the federal system.

You can also review our Houston federal criminal defense FAQ for more information about federal charges, federal investigations, indictments, and defense strategy.

Can a lawyer help before federal charges are filed?

Yes. In some cases, a lawyer may be able to communicate with investigators or prosecutors, respond to subpoenas, protect privileged information, prepare the client for possible legal issues, gather favorable evidence, and address misunderstandings before charges are filed. Not every investigation can be stopped, but early legal representation can help protect the client from avoidable mistakes.

How can I afford a criminal defense lawyer without choosing the wrong lawyer?

Affordability is important, but the decision should be based on value, experience, and the seriousness of the case. A person facing criminal charges should understand the fee, what work is included, and why the case may require a certain level of preparation. Hiring the cheapest lawyer may cost more in the long run if the case is not handled properly. Hiring a lawyer you cannot afford may also create problems. The goal is to find experienced counsel who can evaluate the case honestly and quote a fee based on the work required.

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