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Frequently Asked Questions
How do I select the right attorney or firm to handle my case?
Choosing the right attorney—especially when your freedom or liberty is as stake—is crucial. Certainly, there is no perfect formula. However, it is important to consider the attorney’s experience, trustworthiness and standing in his/her legal community. Questions should be asked such as the following: Does the attorney have the respect of the Judge’s before whom he/she practices? Does the attorney actual litigate cases versus steering clients only towards guilty pleas? Does the attorney have a proven track record at trial? Does the attorney have the wisdom that years of experience bring in dealing with cases similar to you own? Is the attorney trustworthy and ethical, and has he/she adequately discussed the fee structure in advance of representation?
At Simon & Geherin, PLLC, we strongly believe that one call to our office will convince you that we meet all of the above criteria and are the perfect firm to handle your criminal, traffic or license restoration case.
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Should I even retain an attorney for my criminal or license restoration case?
If the charge carries with it any consequences, including the potential loss of any liberty/freedom (i.e. driving privileges, jail, prison, fees) you should consult with an attorney. The prosecutor went to law school, is trained in the rules of evidence and courtroom tactics, and is not there to help or advise you. Unless you qualify for court-appointed assistance, a private criminal defense attorney is likely a smart option to protect, advise and counsel you. After all, all you may need is a consultation, and at the Simon & Geherin, PLLC, that consultation is free.
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Does experience matter?
Experience is perhaps the single most important consideration in retaining an attorney. Having to retain a criminal defense attorney is one of the most important and vulnerable times a person can encounter. It is comfortable and reassuring to know that your attorney has handled many such cases as yours; has established himself in the courts you are about to encounter; has accumulated the knowledge that can only come from years of experience; and perhaps most importantly, is respected in his legal community. At Simon & Geherin, PLLC, we have a combined 30 years of experience in criminal matters, and have a long and verifiable track record of earning the respect of clients and adversaries alike.
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If I retain an attorney, will I win my case?
No lawyer should ever make a promise of an outcome in representation. If a lawyer you are consulting assures an outcome or boasts of a sure victory, beware. We can only promise hard and dedicated work and a pledge to keep our clients informed so that they may make knowledgeable decisions. Hard work and dedication almost always produces positive results.
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What type of fees might I expect for representation?
Many criminal defense attorneys charge a fixed/flat fee for your case. This fee will depend on the nature and complexity of the case. Many will charge hourly rates, and will submit periodic bills. At Simon & Geherin, PLLC, the attorneys will openly discuss our fee structure at the outset of our consultation, and perhaps even over the phone. Generally, our firm employs flat/fixed fees for criminal cases. We accept credit card payments, and will consider installment/payment plans. Regardless, you will be comfortable knowing that there are no excessive or “hidden” fees, and that our Retainer Agreement is detailed, clear and understandable.
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Can I replace my existing attorney if I’m not pleased with him/her?
Yes. If you are not pleased with your attorney, either because he/she refuses to return your phone calls, does not keep you updated, or seems disinterested in fighting for you, you can seek substitute counsel. After all, an attorney works for you, and not vice versa. At our firm, we believe in treating every client with respect, professionalism and honesty. We will fight for you and ideally achieve the best possible result in your case. If you feel your current attorney does not share our beliefs, please contact our office for a no-obligation consultation.
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The police simply want to talk to me, what should I do?
Generally, you are under no obligation to speak with the police. You have the right to consult with an attorney before speaking with the police, and if you are the target of an investigation, an attorney may be the only person standing between the government and you. Many attorneys are not interested in your case unless you are actually charged. In contrast, our office offers a “pre-filing/investigative retainer” service by which we will handle your investigation, contact the police officer(s) in charge of the case, and possibly attempt to convince the authorities not to charge you with a crime. We have successfully handled hundreds of these investigations, and in many cases, have protected people from being charged and/or from being arrested.
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