Questions to Ask a Criminal Lawyer
Questions to ask the criminal lawyer representing you while your case is open. They cover the charge, discovery, release conditions, plea offers, trial, costs and consequences that continue after the case ends.
The questions
Open any question for the note
Can you explain the charge and what the prosecution has to prove?
Why ask it
Elements matter, because the state must prove each one. A lawyer who walks you through them is also showing you where the case can be contested rather than only negotiated.
What stage is my case at right now, and what happens next?
Why ask it
Criminal cases move through defined stages, and knowing which one you are in tells you what is still possible. Confusion about the stage is the main reason clients feel nothing is happening.
What are the next three dates on the calendar, and do I have to be there?
Why ask it
Some appearances are mandatory and some are not, and missing a required one becomes a separate offence. End every call knowing the dates and your obligation at each of them.
What conditions am I under while the case is open, and what would breach them?
Why ask it
Release conditions commonly cover contact, travel, alcohol, testing and curfew. Ask what counts as a breach in practice, since a technical violation can undo an otherwise good position.
What should I not do or say, and does that include talking to family about it?
Why ask it
The answer is usually broader than people expect: recorded calls, messages, social media, and conversations with anyone other than your lawyer. Ask about family specifically, since that is where it slips.
What is in the discovery so far, and what are we still waiting for?
Why ask it
Discovery arrives in stages, and knowing what is outstanding explains why a decision is being deferred. If nothing has arrived after months, ask what was requested and when.
Is there body camera, dashcam or CCTV footage, and has it been requested?
Why ask it
Recordings are frequently decisive and are sometimes retained only for a limited period. Asking whether preservation was requested is a reasonable question, not a challenge to your lawyer.
Which parts of the state's case look weakest to you at this point?
Why ask it
You are asking for an assessment rather than a promise. Specific weaknesses, such as a gap in the timeline, a chain of custody problem or an identification issue, show the file has been read closely.
Which parts worry you most?
Why ask it
An honest answer is more useful than reassurance, because it tells you what any offer will be measured against. A lawyer with no concerns at all has either a very strong file or is managing you.
Are there any motions worth filing, and what would they achieve?
Why ask it
Suppression, dismissal and discovery motions each do a particular job, and some carry deadlines. Ask what is realistic in this court rather than what exists in theory.
Has an offer been made? What is it, and what would accepting it mean beyond the sentence?
Why ask it
A plea offer is a package: charge, sentence, probation terms, fines, conditions, and consequences that are not part of the sentence at all. Get all of it before weighing it against trial.
If I plead, what am I giving up, including the right to appeal?
Why ask it
Most pleas involve waiving trial and, in many jurisdictions, most appeal rights. Ask what is being surrendered explicitly, since it is easy to focus only on the number of days.
If we go to trial, what does the process look like and how long does it take?
Why ask it
Trials are longer, less predictable and more expensive than most people expect, and the timeline includes preparation you will be part of. Knowing the shape of it makes the choice a real one.
Would I testify, and how is that decided?
Why ask it
The decision to testify is yours, but it should be made with advice and after preparation. Ask what a cross examination would likely cover before you form a view about it.
Are there witnesses or records I should help you find?
Why ask it
Clients often hold information nobody else has: employment records, receipts, messages, a witness's whereabouts. Asking makes you useful rather than a bystander in your own case.
Would a diversion programme, treatment, or a deferred outcome be available in this court?
Why ask it
Availability turns on the charge, your record and the court, and eligibility is often narrow. Worth raising explicitly, because some of these options close once a case is further along.
What can I do in the meantime that would help, such as employment, classes or letters?
Why ask it
Steady work, completed classes, treatment attendance and character letters can carry weight at sentencing and sometimes in negotiation. Ask what would actually help rather than assembling it blind.
How will this show up on a background check afterwards, and can it later be sealed or expunged?
Why ask it
Consequences after the case often outlast the sentence, particularly for employment and housing. Rules on sealing vary widely, so ask what applies to this outcome in this state.
What is the running cost so far, and what would trial add?
Why ask it
Costs accumulate through investigators, experts, transcripts and hearings. Asking for a running figure and a trial estimate lets you plan, and it is a normal request rather than an accusation.
What is the one thing you need me to do this week?
Why ask it
Ending every conversation this way keeps a case moving. It also tells you whether the file is being actively worked or is sitting in a queue waiting for the next court date.
Working with Your Lawyer While a Case Is Open
Practical guidance for the conversation itself
This page is not legal advice
These are questions to ask, not answers. What your rights are, what a charge carries and what you should do about it depend on your jurisdiction and on facts only your lawyer knows. If you are being questioned by police, the one thing to say is that you want a lawyer, and then to stop talking.
Before each call or meeting
- 1Write your questions down in advance. Calls are short and you will otherwise forget the important one.
- 2Ask for the next date and your obligation at it, every single time.
- 3Take notes during the call, including anything you agreed to do.
- 4Send a short written summary of what you understood afterwards, which creates a record and lets a misunderstanding be corrected early.
- 5Ask what has changed since you last spoke rather than asking whether there is any news.
Things that damage cases
- Talking about the case to anyone other than your lawyer, including on recorded calls and in messages.
- Posting about it, or deleting anything that already exists.
- Contacting witnesses or a complainant, even indirectly through somebody else.
- Missing a court date or breaching a release condition, which creates a new problem alongside the original one.
- Speaking to investigators without your lawyer present, however routine the request sounds.
If communication has broken down
- Put your concerns in writing and ask for a specific response date rather than raising them only by phone.
- Ask directly what has been done on the file and what is scheduled next. You are entitled to know.
- Ask for a copy of the discovery you are permitted to hold.
- If you are considering changing lawyers, understand the timing first. A change close to trial may need the court's permission and can delay the case.
- Your state bar can tell you what the complaint process is, and whether fee disputes have a separate procedure.
Cost and payment
- Ask whether the arrangement is a flat fee by stage or hourly, and what triggers an additional fee.
- Ask which costs sit outside the fee: investigators, experts, transcripts, filing fees, travel.
- Ask for a statement rather than waiting for one, and query anything you do not recognise.
- If you can no longer afford private counsel, raise it early. Courts can appoint counsel, and doing it late is harder.