Having an Attorney FAQ

When hiring a criminal defense attorney, you should focus on three important factors: experience, a practice focused on criminal law, and an attorney who will give you a realistic assessment of your case.

Experience does not simply mean the number of years someone has been licensed as an attorney. Lawyers can spend decades practicing in areas of law that have little or nothing to do with criminal defense, while other attorneys may spend nearly every working day handling criminal cases. Meaningful criminal-law experience includes not only understanding the law, but also understanding how the criminal justice system operates in practice. An experienced criminal defense attorney should understand courtroom procedure, negotiations, motion practice, trials, and how cases are handled in the counties and courthouses where they regularly practice.

A practice focused on criminal law is also important. The law encompasses an enormous number of subjects, each with its own statutes, procedures, case law, and practical considerations. An attorney whose practice is concentrated on criminal and traffic matters is regularly working with the laws, prosecutors, judges, courtrooms, and procedures that may directly affect your case. When evaluating an attorney, consider not only whether they accept criminal cases, but how much of their actual practice is devoted to criminal defense.

You should also look for an attorney who is willing to give you a realistic assessment rather than simply telling you what you want to hear. Be cautious of attorneys who promise dismissals, acquittals, or other specific outcomes, particularly before they have reviewed the evidence. Promises like these can sometimes be more about convincing a prospective client to hire the attorney than providing a meaningful assessment of the case. The criminal justice system can be unpredictable. Outcomes can depend on evidence that has not yet been received, witness testimony, judicial rulings, prosecutorial decisions, negotiations, and ultimately the decisions of a judge or jury. An experienced attorney should understand that confidence in a case is not the same as the ability to guarantee its outcome. A good attorney will explain what they believe can realistically be accomplished, identify the strengths and weaknesses of your case as they develop, and give you the information necessary to make informed decisions.

At RC DAME LAW, LLC, our practice is focused on criminal and traffic matters. Our experience includes prosecuting criminal cases in Cook County, handling trials and contested hearings, training and working alongside experienced criminal defense attorneys, and representing defendants throughout Illinois. That combination of prosecution and defense experience allows us to evaluate cases from both sides while maintaining our focus on protecting the interests of the people we represent.

Criminal defense attorneys are professionals with a highly specialized set of skills. When you hire an experienced criminal defense attorney, you are paying for more than their knowledge of criminal statutes and case law. You are also paying for years of courtroom experience and an understanding of how the criminal justice system actually operates. An attorney who regularly practices in your courthouse will understand its procedures and practices, as well as the tendencies and expectations of the judges and prosecutors they regularly appear before. That experience allows your attorney to identify issues, anticipate problems, and determine how to effectively navigate your case.

The time you see your attorney in court represents only a small portion of the work being performed on your case. A court appearance may last only a few minutes, while the work surrounding that appearance can take hours. Your attorney may review hours of body-worn camera and surveillance footage, police reports, photographs, recordings, forensic evidence, and other discovery; research legal issues; communicate and negotiate with prosecutors; prepare motions and hearings; communicate with you and answer your questions; prepare for court; and travel to and from the courthouse. As a case becomes more complicated, the amount of work occurring outside the courtroom can increase substantially.

There is also significant value in the experience used to perform that work. An issue that takes an experienced attorney a relatively short amount of time to identify or resolve may be the product of years spent handling similar cases. You are not simply paying for the attorney's time—you are paying for the experience that allows them to know what to look for, what matters, and what to do with it.

Many criminal defense attorneys charge a flat fee rather than billing clients for every hour, phone call, email, court appearance, or task performed. When setting a flat fee, an attorney uses their experience with similar cases to estimate the amount of work, court appearances, preparation, communication, travel, and responsibility the representation is likely to require. Some cases ultimately require more work than anticipated while others require less, but the flat fee provides the client with greater predictability about the cost of representation.

Ultimately, attorney's fees should be evaluated in the context of the experience of the attorney, the complexity and seriousness of the case, the amount of work anticipated, and what is at stake for the client. Criminal charges can affect your freedom, employment, driver's license, firearm rights, professional licensing, finances, and criminal record. Hiring an attorney is not simply paying someone to stand next to you in court; it is paying a professional to guide and advocate for you throughout a legal process that can have lasting consequences.

For most cases, after you sign your retainer agreement and make the required payment, the next major step is your scheduled court date. Depending on the charges, the courthouse, and the circumstances of your arrest, your attorney may need to make filings or take other action before that date. However, in many cases, the first scheduled court appearance is when your attorney will formally file their Appearance, request discovery, and begin moving the case through the court system.

This does not mean that something is wrong or that your attorney is ignoring your case simply because there is no immediate court activity after being hired. Criminal cases operate according to court schedules, and there may be little that needs to—or can—be accomplished in court before the next scheduled date. Once your attorney appears in the case and begins receiving discovery, they can start evaluating the State's evidence, identifying potential legal issues, communicating with the prosecutor, and determining the appropriate strategy for moving forward.

In some circumstances, there may be a time-sensitive issue that requires attention before the scheduled court date. Your attorney may seek to have the case brought before the court earlier when necessary. However, this is generally reserved for situations where there is a legitimate reason for expedited court action. Courts maintain busy calendars and established scheduling procedures, and cases are not ordinarily moved to an earlier date simply because a party would prefer to address the matter sooner.

While you are waiting for the case to begin moving through the court system, you should contact your attorney if you have questions, receive new information about your case, are contacted by police or prosecutors, or experience an issue involving your pretrial release conditions. Your attorney or their staff can address routine questions and, when a conversation with your attorney is necessary, coordinate a telephone call or meeting at the earliest reasonable opportunity.

In terms of their basic role in your criminal case, private attorneys and public defenders are very similar. Both are licensed attorneys whose job is to represent and advocate for you throughout the criminal proceedings. One of the most obvious differences is how the attorney is retained and paid. A private attorney is selected and hired by the client, while a public defender or other appointed attorney is provided to defendants who qualify for court-appointed representation because they are unable to afford private counsel.

How court-appointed representation is provided can vary depending on the county. Larger counties generally have established Public Defender's Offices staffed by attorneys who regularly handle criminal cases. In some smaller jurisdictions, the court may appoint qualified private attorneys to represent indigent defendants rather than relying exclusively on a dedicated Public Defender's Office.

There is sometimes an unfair stigma surrounding public defenders and the quality of representation they provide. Public defenders are often some of the most experienced criminal attorneys in the courthouse. They regularly handle an enormous number and variety of criminal cases, contested hearings, and trials. Their primary disadvantage is generally not a lack of ability or experience, but the extremely heavy caseloads that public defenders may be required to manage. Those caseloads can limit the amount of individual time available for client meetings, telephone calls, and other personal attention.

Private criminal defense attorneys generally maintain smaller and more manageable caseloads. This can allow a private attorney to devote more individualized time to reviewing a case, communicating with the client, answering questions, investigating issues, and preparing a defense. Hiring private counsel also allows you to choose the attorney or firm that represents you, rather than having counsel appointed by the court. Depending on the case, private counsel may also be able to assist with related matters that fall outside the scope of appointed criminal representation, such as certain driver's license proceedings arising from a DUI arrest.

It is important to understand that you are not automatically entitled to a public defender simply because you have been charged with a crime. Court-appointed counsel is intended for defendants who are financially unable to hire an attorney, and the court will determine whether you qualify based on your financial circumstances. Having employment does not necessarily disqualify you, but you should not assume that the court will appoint an attorney without first determining your eligibility.

Finally, do not allow uncertainty about whether you will receive a public defender to cause you to miss an important legal deadline. Some proceedings related to a criminal case can have filing deadlines that begin running shortly after an arrest. For example, a DUI arrest can create separate driver's license issues with time-sensitive procedures that may not fall within the ordinary scope of appointed criminal representation. If you are uncertain about your eligibility for appointed counsel or whether a deadline applies to your situation, you should seek legal advice as early as possible.

Generally speaking, yes. You should be honest with your attorney and share all information that may be relevant to your case, including information that you believe makes you look guilty. There is very little to be gained by withholding important information from your attorney, but your defense can be significantly harmed if your attorney is making decisions without knowing all of the relevant facts.

One of the most important benefits an experienced attorney provides is planning and foresight. Your attorney cannot properly anticipate problems they do not know exist. Incomplete or inaccurate information can cause an attorney to give you advice based on an incorrect understanding of the case, pursue an ineffective strategy, or be surprised by damaging evidence later in the proceedings. It is far better for your attorney to learn about a difficult fact privately from you than to discover it for the first time from the prosecutor, a witness, or the evidence.

You should also not allow embarrassment to prevent you from being honest with your attorney. Criminal defense attorneys routinely deal with allegations involving drugs, alcohol, violence, sex, firearms, dishonesty, and other deeply personal subjects. Your attorney's job is to represent you, not judge you. We do not provide inferior representation because we personally dislike or disagree with something a client may have done. However, our ability to effectively represent you can be limited when we do not know the facts we are dealing with.

There is an important distinction between being honest with your attorney and requiring your attorney to present information they know is false. Telling your attorney that you committed the alleged offense does not prevent your attorney from defending you. The State still has the burden of proving every element of the charge beyond a reasonable doubt, and your attorney may still challenge unlawful searches, inadmissible evidence, unreliable witnesses, procedural violations, or the State's ability to prove its case.

However, an attorney cannot knowingly present false evidence or assist a client or witness in providing testimony the attorney knows is false. For this reason, certain disclosures can affect which strategies or arguments are ethically available to your attorney. That is not a reason to lie to or conceal information from your attorney. It is a reason to be truthful so that your attorney can develop the strongest defense that is both legally and ethically available under the actual circumstances of your case.

With very limited exceptions, yes. Communications between you and your attorney regarding your legal representation are generally protected by attorney-client privilege and your attorney's professional duty of confidentiality. This means that confidential conversations with your attorney about your case—including information concerning past conduct or crimes—generally cannot be disclosed by your attorney without your permission.

There are limited exceptions to these protections. For example, an attorney may be permitted or required to disclose certain information when necessary to prevent reasonably certain death or substantial bodily harm. An attorney may also be permitted to disclose limited confidential information when necessary to defend against allegations of wrongdoing made by the client, such as a malpractice claim, disciplinary complaint, or other dispute concerning the attorney's representation. Other narrow exceptions are provided by law and the ethical rules governing attorneys.

Confidentiality can also extend to communications involving employees, investigators, interpreters, experts, and other professionals assisting your attorney with your representation. However, you should be careful about discussing attorney-client communications in the presence of unrelated third parties. Including friends, family members, or other people in an otherwise confidential conversation can potentially affect whether the communication remains protected by attorney-client privilege.

Attorneys take their obligations of confidentiality and attorney-client privilege extremely seriously. These protections exist so that you can communicate openly with your attorney and receive informed legal advice without fearing that your private conversations will simply be disclosed to the prosecutor, police, court, or other people. Being honest with your attorney is one of the most important things you can do to help them effectively represent you.

The amount of communication you receive will depend on the stage of your case and what is currently happening. At RC DAME LAW, LLC, we do our best to ensure that you receive, at a minimum, direct contact from an attorney before each court date. During that conversation, your attorney will remind you of your upcoming appearance, discuss the current status of your case, address any questions or concerns, and explain what you should expect at the next court date.

Your attorney will also generally contact you when important developments occur in your case. This may include completing a review of the evidence, receiving a plea offer from the State, identifying an issue that requires your input, or preparing for a motion, hearing, or trial. Some stages of a case naturally require considerably more communication than others.

It is also normal for there to be periods where you do not receive frequent updates because there simply may not be anything new to report. Criminal cases frequently involve waiting for discovery, additional evidence, laboratory results, responses from prosecutors, or the next scheduled court appearance. A period without attorney contact does not necessarily mean that your case has been forgotten or that nothing is being done.

For many clients, waiting between court dates is one of the most difficult parts of the process. You do not have to wait until your attorney contacts you if you have questions or concerns. You can contact our office at any time to request an update or coordinate a telephone conversation with your attorney. We will work with you to schedule a conversation at the earliest reasonable opportunity.

Throughout the legal profession, particularly among smaller law firms and solo practitioners, attorneys occasionally rely on other trusted attorneys or law firms to assist with court appearances. This practice is commonly referred to as attorney coverage. The use of a coverage attorney does not mean that your case has been transferred to another attorney or that your primary attorney is no longer responsible for your representation.

The courts largely control the scheduling of criminal cases, and attorneys may occasionally have two or more cases scheduled for the same date and time in different courthouses. Rather than unnecessarily delaying your case because your attorney is required to be somewhere else, a coverage attorney may appear to handle a routine court appearance, advance the case, obtain information, or secure an appropriate future court date.

At RC DAME LAW, LLC, clients are never charged an additional fee because we use a coverage attorney. That expense is paid by the firm. Any attorney appearing on your behalf is a licensed attorney who is provided with the information and instructions necessary to handle that particular court appearance. Your primary attorney remains responsible for your case and will continue to communicate with you and make preparations for future proceedings.

Coverage attorneys are generally used for routine court appearances where the personal appearance of your primary attorney is not necessary. Important contested hearings, substantive motions, and trials are ordinarily handled by the attorney responsible for your case. If circumstances ever require a different arrangement, we will make every effort to discuss that with you beforehand.

Our goal is to prevent scheduling conflicts from unnecessarily delaying your case. Except for unusual or emergency circumstances, your case should not have to be continued simply because your primary attorney has been required to appear in another courtroom or courthouse at the same time.

When another attorney assists with a court appearance, their role is generally limited to handling the specific purpose of that appearance. Your primary attorney will provide the assisting attorney with the information and instructions necessary to represent you in court, but the assisting attorney may not have reviewed your complete file, discovery, prior conversations, or the overall strategy for your case.

For that reason, an assisting attorney may decline to answer substantive questions about your case or provide you with legal advice. This does not mean that the attorney is unwilling to help you or was unprepared for the court appearance. It means that they recognize the limits of their involvement and do not want to give you advice without having all of the information necessary to do so.

Your primary attorney remains responsible for advising you about your case. Questions concerning the evidence, plea negotiations, defenses, motions, trial strategy, or what you should do next should generally be directed to the attorney who is primarily responsible for your representation. That attorney has the benefit of reviewing your case as a whole and can provide advice consistent with the strategy you have developed together.

At RC DAME LAW, LLC, if an assisting attorney appears on your behalf and you have questions afterward, you are always welcome to contact us to coordinate a conversation with your primary attorney. We would rather have an assisting attorney tell you that they cannot responsibly answer a question than have them provide incomplete or inaccurate advice about a case they are only assisting with for that particular appearance.

It is important to remember that the majority of the work on a criminal case occurs outside of the courtroom. From a client's perspective, it can sometimes feel like you are repeatedly traveling to court only for the judge and attorneys to speak for less than a minute before receiving another court date. With the exception of motions, hearings, and trials, it is entirely possible that you will spend more time traveling to and waiting for court than actually conducting business in the courtroom.

Much of your attorney's work occurs during the time between court dates. This is when your attorney may be reviewing police reports and hours of video evidence, researching legal issues, drafting motions, investigating issues, communicating with the prosecutor, negotiating potential resolutions, and preparing for future proceedings. There may also be periods where your attorney is waiting for additional discovery, laboratory results, records, responses from the State, or other information necessary to move the case forward.

Most routine court appearances are primarily used to update the judge on the progress of the case and determine what needs to happen next. When the judge, prosecutor, and defense attorney regularly handle criminal cases, there may be very little discussion necessary in open court. A brief court appearance does not mean that little work has occurred since the previous date or that the case is not progressing.

It is also important to understand that your attorney does not control every part of the timeline. Cases may be continued because additional evidence has not been produced, testing has not been completed, witnesses or attorneys are unavailable, motions need to be scheduled, negotiations are ongoing, or the court's calendar simply does not have room for the next proceeding. Some delays are also strategic when additional time gives the defense an opportunity to investigate, negotiate, prepare, or otherwise improve its position.

At RC DAME LAW, LLC, your attorney will discuss what occurred in court and what is expected to happen next after your appearance. If you think of additional questions after leaving the courthouse or are uncertain about why another court date was necessary, you are always welcome to contact your attorney for clarification.

A faster case is not necessarily a better result. While unnecessary delays should be avoided, the goal of your attorney should be to move your case at a pace that protects your interests and allows the case to be properly investigated, negotiated, and prepared rather than simply resolving it as quickly as possible.

Discovery is the collection of evidence and information obtained during the investigation and prosecution of your case. It can include police reports, body-worn camera footage, witness statements, photographs, recordings, laboratory results, medical records, forensic evidence, and other materials. Your attorney is not reviewing discovery to decide whether they personally believe you are guilty or innocent. The purpose is to determine what the State can actually prove, identify weaknesses or inconsistencies in the evidence, and determine whether your constitutional or statutory rights may have been violated.

A careful review of discovery allows your attorney to provide you with informed guidance about your case. Your attorney can determine whether evidence should be challenged or suppressed, whether witnesses or physical evidence create problems for the State, whether additional investigation is necessary, and which defense strategies are supported by the evidence. This review also allows your attorney to more accurately explain the risks and benefits of accepting a negotiated resolution versus proceeding with motions, hearings, or trial.

An attorney may be able to provide you with a preliminary assessment based on the information available at the beginning of your case. However, that assessment can change as discovery is received and reviewed. Police reports may tell one version of an incident while body-worn camera footage shows something different. A witness may make statements that are inconsistent with physical evidence. Evidence that initially appears damaging may ultimately be inadmissible, while evidence that seemed insignificant at first may become important after the entire case is reviewed.

For these reasons, you should be cautious about any attorney who confidently tells you exactly how your case will end before reviewing the evidence. Providing an opinion is easy; providing an informed opinion requires knowing the evidence. Advising a client to plead guilty, reject an offer, file a particular motion, or proceed to trial without adequately reviewing the available discovery can deprive that client of the information necessary to make decisions that may affect their freedom and future.

A defense attorney does not have the power to simply make criminal charges disappear. The State generally controls whether it will continue prosecuting or voluntarily dismiss a charge, while the court can dismiss charges only when there is a legal basis to do so. A case may ultimately end favorably because the State determines it cannot prove the charge, important evidence is excluded, a legal defect requires dismissal, the State agrees to dismiss after successful completion of a diversion or deferred prosecution program, or the defendant is found not guilty at trial.

Your defense attorney's job is to identify weaknesses in the State's case and use every appropriate legal avenue to advocate for you. This may include challenging evidence, identifying inconsistent or unreliable witnesses, filing motions to suppress unlawfully obtained evidence, conducting negotiations, presenting mitigating information, or explaining evidentiary problems to the prosecutor. Your attorney can advocate for dismissal, but cannot force the prosecutor to voluntarily dismiss a case simply because the defense believes the evidence is weak.

In certain circumstances, your attorney may be able to file a motion asking the court to dismiss the charges. However, motions to dismiss are available for specific legal or procedural grounds; they are not a general mechanism for asking the judge to weigh conflicting evidence and decide that the defendant should win before trial. Motions to dismiss are therefore not appropriate in every criminal case. An experienced criminal defense attorney should remain vigilant for circumstances where such a motion is legally supported.

You should be cautious of an attorney who promises that they will get your case dismissed. Even after reviewing the evidence, an attorney cannot guarantee that a prosecutor will agree to dismiss a charge, that a judge will grant a contested motion, or what a judge or jury will ultimately decide at trial. An experienced attorney can give you an assessment of the strengths and weaknesses of your case and advocate aggressively for dismissal when appropriate, but a responsible attorney should not guarantee an outcome that ultimately depends on decisions made by other people.

Ultimately, the fact that your case has not been dismissed does not mean that your attorney has failed or that your case cannot be won. Many cases with legitimate defenses or significant weaknesses are not dismissed by the State and must instead be resolved through negotiations, motions, or trial. Your attorney's responsibility is to advise you of those options and continue pursuing the strategy that best protects your interests.

To put it simply, because it is impossible to know with certainty how a criminal case will end. Experienced attorneys use their knowledge of the law, the evidence, and years of handling similar cases to advise you about likely outcomes and potential risks. However, there is an important difference between providing an informed assessment and promising a specific result.

There are several major decision-makers in a criminal case that your attorney cannot control, including the prosecutor, the judge, and, if your case proceeds to a jury trial, the jury. Your attorney can negotiate with the prosecutor, advocate before the judge, and present your case to a jury, but they cannot control how any of them will ultimately act. The evidence itself can also change as a case progresses through additional discovery, witness testimony, investigation, and rulings on the admissibility of evidence.

Criminal cases can be unpredictable. A jury can reach a verdict that neither side expected. A prosecutor may make a substantially different offer than was made to another defendant facing a similar charge. Judges can interpret facts or legal arguments differently, and practices can vary significantly between courtrooms and counties. Even when the defense and prosecution reach a plea agreement, the judge may have the authority to reject the agreement rather than accept its terms.

This does not mean that your attorney should be unwilling to give you an opinion. Once your attorney has reviewed the available evidence, they should be able to explain the strengths and weaknesses of your case, identify realistic potential outcomes, discuss the risks associated with different strategies, and give you their professional recommendation. What they should not do is turn that assessment into a promise about something they ultimately cannot control.

Be cautious of an attorney who guarantees a dismissal, acquittal, particular plea agreement, or specific sentence simply to convince you to hire them. Confidence and experience are valuable; guarantees are not. A responsible criminal defense attorney should help remove as much uncertainty as possible by giving you informed and realistic advice while being honest about the uncertainty that will always exist in the criminal justice system.

It is normal for an attorney and client to occasionally disagree about how a criminal case should be handled. The attorney and client have different roles in making decisions about the case. Your attorney is generally responsible for determining legal and tactical strategy, while also having an obligation to explain their recommendations, discuss important decisions with you, and keep you informed about the potential risks and benefits of different approaches.

When you disagree with your attorney's strategy, the first step should be to discuss the disagreement with them. Ask why they are recommending a particular approach and explain your concerns. Your attorney may be relying on legal rules, evidence, courtroom experience, or strategic considerations that are not immediately apparent to you. Likewise, information or concerns you provide may cause your attorney to reconsider their approach.

It is important to remember that you hired an attorney in part for their independent professional judgment. An experienced criminal defense attorney's advice is based on years of handling similar cases and the ability to evaluate your situation from a more neutral perspective. Your attorney should advocate for what they believe is in your best interests, even when that means telling you something you do not want to hear. Searching for an attorney who will simply agree with your preferred interpretation or desired outcome can deprive you of the independent legal advice you hired an attorney to provide.

You are always free to consult another attorney for a second opinion. However, another attorney may reach the same conclusion as your current attorney, and an attorney who has not reviewed the complete discovery may only be able to provide a preliminary assessment. Their opinion may change after reviewing the same evidence available to your current attorney.

There are also certain fundamental decisions that belong to you, not your attorney. Your attorney can strongly recommend what they believe you should do, but decisions such as whether to plead guilty, whether to waive your right to a jury trial, whether to testify, and whether to pursue an appeal ultimately belong to the client. Your attorney's role is to make sure you understand the consequences of those decisions and provide the advice necessary for you to make an informed choice.

If the disagreement concerns legal strategy and becomes so significant that you and your attorney can no longer effectively work together, you may discuss obtaining different counsel. Once an attorney has formally appeared in a criminal case, however, they generally cannot simply stop representing you because of a disagreement. Withdrawal may require permission from the court, and the judge ultimately determines whether counsel will be permitted to withdraw.

Disagreeing with your attorney does not necessarily mean that the attorney-client relationship has failed. Good representation does not require you and your attorney to agree about everything; it requires honest communication, informed advice, and a clear understanding of who is responsible for each decision.

Generally speaking, you may discharge your attorney, and your attorney may also seek to withdraw from representing you. However, once an attorney has formally appeared in a pending criminal case, the attorney generally cannot simply stop appearing on your behalf. The court may need to approve the attorney's withdrawal before they are formally released from their responsibilities in the case.

In most circumstances, a judge will not force you to continue with an attorney you no longer want representing you. However, your right to change attorneys does not necessarily give you the right to delay the proceedings. A judge may be less willing to allow a change in representation to disrupt the case when trial or another significant proceeding is approaching, particularly if the court believes the request is being made primarily to delay the case.

Similarly, your attorney may ask the court for permission to withdraw from your representation. An attorney may seek to withdraw for a variety of reasons, including nonpayment of agreed attorney's fees, ethical conflicts, a client's failure to comply with obligations necessary for the representation, or a deterioration of the attorney-client relationship to the point that continued representation has become unreasonably difficult. Depending on the circumstances, ethical rules may sometimes require, rather than merely permit, an attorney to seek withdrawal.

An attorney asking to withdraw does not mean that you are suddenly left without representation. Until the court allows your attorney to withdraw, they generally remain responsible for representing you and protecting your interests in the case. If the judge denies the request to withdraw, your attorney will remain your counsel and is still required to provide you with competent and diligent representation.

If you are considering firing your attorney, it is generally wise to speak with the attorney first about your concerns and, when possible, arrange for replacement counsel before making the change. Changing attorneys can affect scheduling, preparation, and the cost of your defense because a new attorney may need time to obtain the file, review discovery, and independently evaluate the case.

The defense attorney and prosecutor are on opposing sides of the case, but that does not mean they need to be personally hostile toward one another. Criminal defense attorneys and prosecutors frequently work with each other on many different cases and may appear before the same judges on a regular basis.

Maintaining a professional relationship with the prosecutor can actually benefit a defendant. Before trial, your attorney may need to negotiate plea offers, discuss weaknesses in the evidence, request additional discovery, present mitigating information, or attempt to convince the prosecutor to reduce or dismiss charges. Unnecessary hostility can make those conversations more difficult without providing any meaningful advantage to your case.

From my own experience as a former prosecutor, I saw firsthand how an attorney's approach could affect these discussions. I was always willing to listen to a defense attorney who professionally explained a problem with the evidence, presented mitigating information, or proposed a reasonable resolution. An attorney who was unnecessarily hostile or confrontational did not make me more inclined to agree with their position and could make productive discussions more difficult. That experience continues to influence how I approach prosecutors as a defense attorney today.

Being professional or friendly with the prosecutor does not mean that your attorney agrees with the prosecution or is unwilling to fight for you. A defense attorney can strongly challenge the State's evidence, file motions, cross-examine witnesses, and take a case to trial while still maintaining a professional relationship with the prosecutor.

There are certainly times when a defense attorney needs to take an aggressive position, particularly when the State is acting unreasonably or litigation is necessary to protect the client's rights. However, being aggressive simply for the appearance of being aggressive can be counterproductive. Effective representation means knowing when negotiation is more likely to accomplish the client's goals and when it is necessary to fight an issue in court.

You should judge your attorney by whether they are protecting your interests, communicating with you, and advocating for your case—not by whether they appear personally hostile toward the prosecutor.