Questions to Ask a Criminal Defense Lawyer During a Free Consultation

Meeting with a criminal defense lawyer for a free consultation might feel intimidating, especially if you’re under stress or facing your first time dealing with serious charges. But asking the right questions at this early stage is crucial. It helps you understand your rights, clarify what you’re up against, and judge whether the attorney is experienced enough to handle your case. 

An informed decision now can make all the difference throughout your entire case. Below are some of the most important questions you can ask and what you should be looking for in an answer. 

“How many cases like mine have you handled? What were their outcomes?”

“How many cases like mine have you handled? What were their outcomes?”

Not all experience is created equal. You want a lawyer who has actually defended cases similar to yours—whether that’s embezzlement, assault, DWI, or another charge—and can honestly share what results they’ve achieved for clients in your situation. It’s great if someone has decades of experience as a lawyer, but it’s more important that they have experience in criminal law and handling your specific type of case.  

“How often do you go to trial versus negotiating plea deals?”

Different cases require different approaches. A good defense lawyer should be comfortable both taking a tough case all the way to trial and recognizing when a fair plea offer is in your best interest. You don’t want a lawyer who is afraid to go to trial and who just pleads all their cases out.

“What investigation would you do in the first 30 to 60 days?”  

You want an attorney who takes action right away. A good lawyer should be able to outline concrete first steps, such as interviewing witnesses, visiting the scene for photos, or quickly subpoenaing needed records, not just general promises that they’ll handle your case appropriately.  

“Do you bring in experts like toxicologists, forensic, digital, or psychological specialists? When would you use them?”

This can reflect a lawyer’s thoroughness and willingness to take your case beyond basic arguments built on evidence turned over by the police and prosecutors.  You want to hear that for evidence-heavy or technical cases, your attorney works regularly with reputable specialists. These might include experts in drug or alcohol testing, fingerprint and DNA assessments, accident reconstruction, digital analysis of electronic data, or psychological evaluations.  

“Based on what you know today, what are my best-case and worst-case scenarios?”

Ask for an honest and realistic take based on the facts you’ve given so far. A lawyer should be willing to give you likely outcomes ranging from best to worst, while also explaining what variables, new information, or further investigation might change that assessment down the line. 

“Who will actually handle my case day-to-day?” 

The attorney you meet with for your consultation isn’t necessarily the person who will be handling your case day-to-day. Ask about the specific attorney who will do the bulk of your casework and actual communication—the person who will answer your phone calls, attend hearings with you, and interact with you regularly.  

“How fast do you respond to calls or emails, and what’s the best way to reach you?”

Expectations make a world of difference in a stressful criminal case, so check how long the attorney or firm takes to return calls or emails. Also, ask how you should expect to reach them—email, text, phone, a secure portal, or in-person visits. Knowing what to expect makes it so you don’t have unrealistic expectations and then get disappointed when the attorney doesn’t meet them. 

“Is your fee flat or billed hourly, and what exactly does it cover? Do motions, trial days, or experts cost extra?” 

Discuss the details of attorney fees thoroughly to avoid hidden expenses that show up months later. A good attorney will clarify whether you’re paying a flat rate for the whole defense, or if every specific step (like experts, investigators, suppression motions, additional hearing or court days, and trial itself) is portioned out separately. 

“How long is my case going to take?”

Be sure to ask your lawyer for a realistic timeline up front so you can plan your life accordingly and manage your expectations during this uncertain time. 

The length of criminal cases varies. It depends on factors like the court’s current schedule, the like­li­hood of plea negotiations, delays for gathering evidence, whether pre-trial motions are filed, and whether your case ends up in a jury trial or can be resolved earlier. Your lawyer won’t be able to give you an exact timeframe, but they should be able to explain the likely timeline to you.  

Contact Jones Criminal Defense Attorneys for a Free Consultation 

A free consultation is your opportunity to take control of your situation and make an informed decision about your defense. By asking the right questions, you’ll get a clear sense of an attorney’s experience, communication style, and approach to handling your case. 

If you’re facing criminal charges, don’t wait to protect your rights. Contact Jones Criminal Defense Attorneys today for a free consultation at (505) 248 1400 and start building a strong defense with an experienced legal team on your side.