The title to this article would have been more appropriately titled “How one Criminal Defense Attorney would Pick a Criminal Defense Attorney, if He Needed One.” The point of the article is that, as an attorney who practices criminal defense, and who has acquired his fair share of acquittals for clients, it might surprise you to learn what I would look for in a criminal defense attorney, if I needed one.

First of all, I would not represent myself. Attorneys are always advising people not to represent themselves, but a lot of you may think “well, of course you’re going to say that. You want our business.” However, the truth is, the advice is sound. It has nothing to do with speaking ability or even legal knowledge. The reality is, there are just some things you can’t do yourself. When you get up in front of a judge or jury and try to defend yourself, the more passionate and eloquent you are, the more guilty you look. The defense has to come from someone else, plain and simple. That way you can stand there and look innocent, which you no doubt are, right?

Now, on to the crux of this article. What would I look for in a criminal defense attorney, if I needed one? First, let me tell you what I wouldn’t look for. To be curt, I wouldn’t look for a glib, loud-mouthed, attorney. Many people who need a criminal defense attorney look for one that meets their own personal view of what an attorney should look and sound like. This is a mistake. The average American’s mental image of what a criminal defense attorney should look and sound like is entirely based on their exposure to movies and television. The goal of these shows is to entertain, not to acquire an acquittal.

The goal of defending someone charged with a criminal complaint, however, IS to acquire an acquittal. And who grants acquittals? The answer is almost always the jury, although – with a bench trial – it can, at times, be the judge. This means that when looking for a criminal defense attorney you want to look for someone who will come across CREDIBLE to a JURY!

As a criminal defense attorney, this is exactly what I would look for. I would avoid all of the glib, quick-talking, in-your face attorneys, for one simple reason: the jury will not believe them. I’ve seen attorneys get up and argue a position that cannot possible be true, and I’ve seen them argue it passionately no less! What is the point of this? They might as well have all just got up and told the jury, “Hey, jury! You can’t believe a word that comes out of my mouth!”

Don’t get me wrong, the operative word in the previous sentence is “glib.” I’ve never met an attorney who couldn’t be “quick-talking” or “in-your face” on occasion. It’s when they are also “glib” that I would avoid them, and – again – this is because it all comes down to credibility.

For this same reason, I would – personally – avoid the pony-tailed, Hawaiian-tie wearing, attorney. It never ceases to amaze me how some criminal defense attorneys show up at trial looking like convicts themselves! Again, they might as well just wear a sign for the jury saying “Do not belive me!”

Instead, l would look for someone who comes across as a credible individual. I would look for someone that comes across credible, not just to me, but to the average person. Someone who seems capable of reaching people of different genders, ages, cultures and backgrounds, because this is what the jury will consist of. Just remember, the jury is the group that will decide your fate. If they don’t like or trust your attorney, you’ve got a problem. Trying to think like a jury, when picking your criminal defense attorney, is perhaps one of the most useful things you can do.

What happens though, if you know that your case is unlikely to go to trial? The pretrial goal of a defendant is different than the goal of a defendant going to trial. When you are going to trial, your goal is an acquittal, as we’ve just discussed. Pretrial, your goal is to attain the best possible plea deal available. This means that you are looking for an attorney who is capable of negotiating and motivating the prosecutor, on the other side, into a settlement.

The reality is that a person who would come across credible to most juries, will also come across credible to most prosecutors. Having said that, it is during this pretrial period when it is – perhaps – useful to have an attorney who can be both hard-hitting and cooperative, able to adjust to the personality of the prosecutor on the other side of the table. Negotiating is an art, and no less when trying to reach a pretrial plea agreement.

Many attorneys are excellent at both stages, and these are the attorneys you want to seek out. If you are in the state of Massachusetts, come and see us! Our attorneys are both credible and excellent at negotiating pleas. Call today to schedule your free initial consultation!