Proverbs: A man who is his own lawyer has a fool for his client
Yes! If you are being charged with an offense that could result in your imprisonment, you should have an attorney to represent all your interests, particularly your liberty. Hire an attorney you feel comfortable with. The court will appoint the public defender to represent criminal defendants whom the court finds have insufficient financial means to pay for an attorney.
When interviewing attorneys for hire, find out what type of attorney you are hiring. I believe there are generally 3 types of attorneys.
Negotiating attorneys never go to trial. Ask this attorney if they have had a trial submitted to the jury within the last 2 years. This may be a good choice if all you are looking to end your case quickly regardless of the strength of the DA’s case.
Negotiating trial attorneys – These attorneys will take a case to trial if it is in the client’s best interest or if the DA is unwilling to budge from their stance. These attorneys have learned to embrace and incorporate bad facts into their defense theory because the attorney knows that a jury never ignores bad facts. Negotiating trial attorneys have built up a reputation among prosecutors as attorneys that produce results; being a threat in front of a judge or jury carries over into plea negotiations.
Trial attorneys – They hardly negotiate with the D.A. as they tend to only accept cases they expect to win at trial or be dismissed at trial. Since many cherry-pick their cases, they only know how to handle a case full of good facts; if bad facts surface during the criminal proceedings (discovery process), they may pressure you to plead guilty.
Questions you should ask any potential criminal defense attorney:
How many trials have you done within the last 2 years?
Any not guilty verdicts? How many?
Any hung trials?
Have you ever got someone’s 3rd or 4th strike dismissed (Romero motion)?
Have you ever been disciplined by the State or Federal Bar?