Five Things to Consider When Hiring a Criminal Defense Attorney

Are you facing criminal charges and preparing to hire a defense attorney for the first time? With your freedom and reputation on the line, choosing the right lawyer can feel overwhelming. For more on the legal issues discussed here, see our Indiana criminal defense overview and What is Discovery in Criminal Law? guide.

Here are five things to consider when hiring an Indianapolis criminal defense attorney.

1. Private Criminal Defense Lawyer vs Public Defender

When you're charged with a crime, you have the right to legal representation. If you can't afford to hire a private defense lawyer, the court can appoint a public defender. One of the first decisions you'll make in your defense is whether to request a public defender in Indianapolis or hire a private defense attorney.

Most public defenders in the state are good attorneys. But they can't choose the cases they handle, and they often carry very large caseloads. That means a public defender will have less time to devote to your case—and may have little or no experience with the specific charges you're facing.

To qualify for a public defender, you'll need to show that you can't afford to hire your own attorney. The court will ask for details about your financial situation.

A private defense attorney offers more than just additional time and resources. Private attorneys select their own cases and tend to develop areas of focus, which means you can choose a lawyer who regularly handles cases like yours—after reviewing their qualifications, experience, and approach.

2. Experience with Similar Cases

What's the first thing to consider when hiring a defense lawyer? How much experience they have with cases like yours. Because criminal law and legal precedent are complex, many defense attorneys concentrate on particular types of charges, such as DUI/OWI or white-collar crimes. Even if an attorney doesn't specialize in the exact charge you're facing, they should have extensive experience with similar cases.

Experience matters even more in federal cases. The federal government handles criminal cases very differently than the state does—from investigation and arrest procedures to court rules, sentencing, and post-conviction options. Not every defense attorney is qualified to handle both.

3. Local Experience and Reputation

When possible, hire a defense attorney with local courtroom experience. Some law firms advertise attorneys licensed in multiple states, but those attorneys may lack local connections and knowledge of local procedures.

While the same laws apply throughout the state, courtroom and prosecutorial practices vary from one region to the next. A local criminal defense lawyer will know, for example, whether the county prosecutor has a policy of refusing plea bargains for certain offenses. They'll also know which prosecutors tend to negotiate early in a case and which typically wait until shortly before trial.

A local attorney will also be familiar with area law enforcement—including many of the officers themselves and how they perform on the witness stand.

Finally, check the attorney's reputation and make sure they're well respected in the local legal community. Read reviews from past clients and verify whether the attorney has any disciplinary history with the Indiana Supreme Court Disciplinary Commission. You can also consult the Roll of Attorneys, the state's online database of attorneys in good standing.

4. Trial Experience

Many people are surprised to learn that some lawyers never see the inside of a courtroom. In reality, the vast majority of criminal cases are resolved through plea agreements before ever reaching trial.

In 2021, more than 106,000 criminal cases in Indiana were resolved through admissions or guilty pleas. Only 3,078 cases were decided by bench trial—a trial before a judge rather than a jury—and a mere 719 were resolved by jury trial. All told, fewer than 5% of criminal cases in Indiana, and under 2% of federal criminal cases, proceed to trial.

Even though your case is unlikely to go before a jury, you want a lawyer who is prepared for that possibility. Presenting a compelling defense to a jury is very different from negotiating with a prosecutor. An attorney with trial experience knows how to make your case in the courtroom—and, just as importantly, when accepting a deal serves you better than going to trial.

5. Fee Structure

Before hiring a defense lawyer, make sure you understand how attorneys' fees and expenses are handled. Criminal defense attorneys generally charge either a flat fee or an hourly rate.

A flat fee is common in less complex cases, where the lawyer can reasonably estimate the total work involved upfront. This single fee typically covers the entire case, no matter how long it takes to resolve.

Hourly billing, by contrast, charges for the actual time the attorney spends on your case. This approach is more typical in complex matters or cases expected to go to trial. The attorney bills for time spent on activities such as legal research, court appearances, and document preparation.

Under either structure, attorneys often require a retainer—an upfront payment they bill against as work progresses. Even flat-fee arrangements may involve a retainer along with payments spread over the course of the case.

Fees also vary with the type and complexity of the charge. A misdemeanor will generally cost less to defend than a felony, and rates may differ by stage of representation—pre-charge work and arraignment, for example, are often priced differently than trial preparation, bench trials, or jury trials.

Call Mo Today

If you or a loved one is facing criminal charges in Indiana, call Mo today for a free consultation at (347) 889-4944!