
Know what to look for when you’re looking for a criminal lawyer
Most people don’t have a criminal lawyer stored in their phone contacts. After all, most of us don’t plan on committing a crime (and hardened criminals assume they won’t get caught)! If you do find yourself in need of a defence lawyer, you probably need one straight away. Therefore, because even law-abiding citizens sometimes make mistakes, it’s a good idea to know what to look for, should you ever find yourself facing criminal charges.
Knowledge and skill
Success in any field usually comes down to two elements: knowledge and skill. There are a number of soft skills that a good lawyer needs, but without knowledge those skills cannot be put to good use. All lawyers have legal knowledge; without it they would not have passed their exams and achieved their qualifications. But there are many, many areas of law and, even within criminal law, many subspecialities. It’s important to find someone with expertise in the relevant area of law. For example, fraud and driving under the influence of alcohol are both criminal offences, but they are very different crimes and the specialist knowledge needed to deal expertly with either case varies considerably.
Technical ability
Find a criminal lawyer with experience and technical ability in the area of law you are accused of breaching. The more the lawyer really understands the law involved, the more likely they are to be able to provide a good technical legal defence. Police officers sometimes make procedural mistakes. A good lawyer will look for technical faults in the case that could be leveraged for a lesser sentence, for example. Testimonials and reviews are less common in criminal law, understandably, but the practice website should give information on areas of expertise.
Investigative skills
Falling somewhere between hard knowledge and soft skills lies investigative know-how. The criminal defence attorney is usually on the back foot compared to the police, who may have been investigating a case for some time before having sufficient evidence to charge the defendant. This makes it all the more important for the lawyer to gather information about their client and the alleged offence. Investigation is a mix of communication skills – talking to witnesses, etc., – and basic problem-solving skills. The lawyer may need to plough through multiple records of events and look for patterns, anomalies, and contradictions. Good lawyers will leave no stone unturned to ensure they have all the information they need to defend their client.
Communication skills
We’ve all seen crime shows on TV with police interrogations of suspects. But it’s not just the police who need to ask questions. The defence attorney needs to be able to interview their client, and witnesses, and listen to the responses. Good listening skill includes hearing what is not being said, and knowing how and when to probe for more information. Furthermore, the attorney needs to be able to communicate with clients in a manner that is understandable and empathetic. Even if a client pleads guilty to a charge, they still want the best outcome possible from the trial and they want to know their lawyer is fighting their corner. They need to understand what is going on and what all the legal jargon means.
Negotiation skills
The law is not black and white. Crimes do not have sentences set in stone. Even where a defendant is found guilty, judges and magistrates have considerable leeway in determining the punishment for the crime. Or it may be possible to keep a case from going to trial, by negotiating at an early stage with the prosecution. This is called plea bargaining and is legal in South African law. Even in a full-blown trial, there is an element of negotiation at work when it comes to sentencing. If the defence attorney can demonstrate that there were mitigating factors that contributed to the offence, they may be able to persuade the judge to impose a lighter sentence.
Accessibility
Is the lawyer there when you need them? It’s not reasonable to expect anyone to be on call 24/7, but do they have an after-hours number for emergencies? Even if you can’t speak to the senior partner, you want to be able to speak to someone who can help. Do they return phone calls and answer messages promptly? If you’re in trouble, you can’t wait 48 hours for a response. Make sure you choose a defence attorney who is accessible and has a sense of urgency.
Track record
Neither a hard nor a soft skill, but proof of both, is the lawyer’s track record. What is their win-loss record in court? How successful are they at negotiating settlements and keeping cases out of court? This information is not that easy to find independently, but you can ask the lawyer you are considering engaging. They may or may not disclose their actual win-loss record, but they should be able to tell you what their general history is. If they are vague or unwilling to answer the question, treat it as a red flag and find someone else.
Save our number…but try not to need it!
Cape Town attorneys SD Law & Associates are experts in criminal defence. If you are arrested, contact criminal defence lawyer Simon Dippenaar on 076 116 0623. Save the number in your phone…better safe than sorry.