How to Choose a Criminal Defense Lawyer

This article is general information, not legal advice. Laws and court procedures differ by state and by case, and the rules named below are Illinois rules. Talk to a licensed lawyer about your own situation.

To choose a criminal defense lawyer, look at three things first: real trial experience, current knowledge of criminal defense, and how reachable the lawyer will be. Then check the license, get the fee terms in writing, and be wary of anyone who promises a result. Being accused of a crime is stressful, but you can make this choice calmly.

Key takeaways

• Hire for trial experience. A lawyer who is ready to try your case can negotiate from a stronger position, even if your case never goes to trial.
• A license is the minimum. Ask how the lawyer keeps up with criminal law, forensics and trial skills.
• Accessibility matters. You need a lawyer who learns the facts and the reasons behind the accusation, not just the paperwork.
• In Illinois, check any lawyer's license status and public discipline record with the Attorney Registration and Disciplinary Commission (ARDC).
• Ask for the scope of the work and the fee in writing. Illinois does not allow a contingent fee for defending a criminal case.
• Price matters, but it should not be the only factor.

Why this choice matters

The accusation alone can follow a person into work, housing and relationships, even when the charge ends in a not guilty verdict. The first and most important step for someone accused is to retain a criminal defense lawyer. The difficulty is that many lawyers have attractive websites and advertise widely, so it is hard to tell them apart. Three factors help.

Factor 1: Trial experience

Many lawyers are experienced at walking into a courtroom and negotiating a plea. Trial experience is different. It means the lawyer has stood in front of a jury or judge and tried a case to a verdict.

Hiring a lawyer with trial experience does not mean your case must go to trial. It means the lawyer is not afraid to take it there when that is the right call, and the prosecutor knows it. That can affect how your case is evaluated from the start.

Questions to ask:

• How many jury trials and bench trials have you personally tried?
• In which courts: state, federal, military?
• Have you handled charges like mine?
• If a plea offer is made, how will we decide whether to accept it, and what happens if we decline?

For context, Haytham Faraj has tried more than 80 jury and bench trials across federal, state and military courts. His attorney profile says he is licensed in California, Illinois, Michigan, Iowa and the District of Columbia and continues to represent clients accused of serious criminal charges in federal, state and military courts.

Factor 2: Legal skill and current knowledge

A license shows a lawyer is allowed to practice. It does not show that the lawyer has stayed current in criminal defense. The law, the forensic science and the investigative techniques all change.

Ask how the lawyer keeps up. At our firm, no less than four weeks out of each year are set aside for training. That time goes to developing and teaching trial skills, scientific topics such as psychological influences on criminal behavior, forensics and investigative techniques, and the newest developments in criminal law.

To check the basics, use the ARDC. It was established by the Illinois Supreme Court to register the state's lawyers. Its public FAQ explains that the Lawyer Search tool shows a lawyer's license status, contact details, public disciplinary history, and whether the lawyer reports having malpractice insurance. Complaints that have not led to formal action are confidential, so a clean public record is a starting point, not a full picture. The ARDC does not recommend or assign lawyers.

Factor 3: Accessibility

Accessibility means your ability to reach the lawyer and the legal staff. A common complaint from people who hired a lawyer is that the lawyer was easy to reach only until the fee was paid.

Defending someone is personal work. A good defense depends on learning the facts and the reasons behind the accusation, and that takes real conversations. Ask:

• Who will I speak to day to day, and how quickly are calls and messages returned?
• Will the lawyer I am meeting be the one handling my case?
• How many active cases does the lawyer carry? A heavy caseload can limit the time available to prepare.

At our firm, we make a point of trying to visit clients outside the office, on a more personal level. When a client is not detained, we have found that a visit at the client's home can reveal more about a case than office conversations.

Fees: what to ask and what the Illinois rules say

Cost is often the first question people ask, and it is a real constraint. If you cannot pay, a lawyer cannot be retained. But choosing on price alone ignores experience, skill and accessibility, and a lawyer carrying a very large number of clients may have less time to prepare each case.

Illinois sets some ground rules for fees in the Illinois Rules of Professional Conduct, Rule 1.5:

• The scope of the representation and the basis or rate of the fee and expenses must be communicated to the client, preferably in writing, before or within a reasonable time after the representation starts (Rule 1.5(b)).
• Nonrefundable fees and nonrefundable retainers are prohibited (Rule 1.5(c)).
• A lawyer may not charge or collect a contingent fee for representing a defendant in a criminal case (Rule 1.5(e)(2)).

So in Illinois, do not expect a "pay only if we win" arrangement in a criminal matter. Ask for the fee agreement in writing, and ask what the fee covers: pretrial work, trial, sentencing, and any appeal.

If you cannot afford a private lawyer

Illinois law provides for appointed counsel. Under 725 ILCS 5/113-3, in all cases except those where the penalty is a fine only, if the court determines that the defendant is indigent and wants counsel, the Public Defender is appointed. The court requires a signed affidavit describing the defendant's assets and liabilities. Appointed counsel is a legal right in these cases, so do not skip legal representation because of cost.

Red flags

• A guarantee of a result. No lawyer can honestly promise how a criminal case will end.
• Pressure to sign or pay immediately before you have read the agreement.
• Unwillingness to explain the fee, or a refusal to put it in writing.
• A lawyer you cannot get on the phone before you hire them.
• No clear answer when you ask about trial experience.

Questions to take to a consultation

1. How many criminal trials have you tried, and in which courts?
2. Have you handled cases with charges like mine?
3. Who will work on my case, and who will I speak with?
4. What is the fee, what does it cover, and can I have it in writing?
5. What are my options now, and what do you need from me?

Talking to our firm

The Law Offices of Haytham Faraj has a Chicago office and a Los Angeles office. The firm's main practice areas are personal injury, civil rights and business litigation, and Haytham Faraj's profile also describes criminal defense work. If you are weighing options, you can use the contact page to ask whether the firm can help with your matter.

FAQ

What is the most important factor in choosing a criminal defense lawyer?

Trial experience is a strong place to start, because a lawyer who is ready to try a case is in a better position to negotiate. But skill, current knowledge and accessibility matter too, so weigh all three.

How do I check whether a lawyer is licensed in Illinois?

Use the ARDC Lawyer Search. It shows license status, public disciplinary history, contact details and whether the lawyer reports malpractice insurance.

Can a criminal defense lawyer in Illinois charge a contingency fee?

No. Illinois Rule of Professional Conduct 1.5(e)(2) prohibits a contingent fee for representing a defendant in a criminal case.

Do I have a right to a lawyer if I cannot afford one?

In Illinois, if the court finds you indigent and you want counsel, the Public Defender is appointed in all cases except those where the penalty is a fine only, under 725 ILCS 5/113-3.

Should I choose the cheapest lawyer?

Price matters, but it should not be the only factor. Ask what the fee covers and how much time the lawyer will have for your case.

Does hiring a trial lawyer mean my case will go to trial?

No. It means the lawyer is prepared to try the case if that is the right decision, and your case may still resolve another way.