Questions to Ask a Public Defender
Critical questions to ask your public defender to understand your case, rights, defense strategy, and next steps in the legal process.
1What are the charges against me, and what do they mean?
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What are the charges against me, and what do they mean?
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Why this works
Ensures you understand the specific legal allegations and their implications.
2What are the possible penalties or consequences if I'm convicted?
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What are the possible penalties or consequences if I'm convicted?
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Why this works
Clarifies the stakes—jail time, fines, probation, or other impacts.
3What is our defense strategy, and why is this the best approach?
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What is our defense strategy, and why is this the best approach?
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Why this works
Reveals the plan and whether your lawyer has thought through your case.
4What evidence does the prosecution have, and how strong is their case?
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What evidence does the prosecution have, and how strong is their case?
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Why this works
Helps you understand the likelihood of conviction and leverage for negotiation.
5Are there any weaknesses in the prosecution's case we can exploit?
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Are there any weaknesses in the prosecution's case we can exploit?
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Why this works
Shows whether your defender is actively looking for ways to challenge the charges.
6What are my options—trial, plea deal, or dismissal—and what do you recommend?
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What are my options—trial, plea deal, or dismissal—and what do you recommend?
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Why this works
Clarifies available paths and your lawyer's professional judgment.
7If we go to trial, what can I expect, and what are our chances?
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If we go to trial, what can I expect, and what are our chances?
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Why this works
Provides realistic expectations about the process and likely outcomes.
8What is a plea deal, and is the prosecution offering one?
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What is a plea deal, and is the prosecution offering one?
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Why this works
Explains the trade-offs of accepting a deal versus going to trial.
9What are the pros and cons of accepting a plea versus going to trial?
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What are the pros and cons of accepting a plea versus going to trial?
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Why this works
Helps you weigh the risks and benefits of each option.
10What is the timeline for my case, and what happens at each stage?
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What is the timeline for my case, and what happens at each stage?
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Why this works
Clarifies the process so you know what to expect and when.
11What do I need to do to prepare for court or trial?
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What do I need to do to prepare for court or trial?
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Why this works
Ensures you understand your responsibilities and how to present yourself.
12Can you explain my rights and what I should or shouldn't say?
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Can you explain my rights and what I should or shouldn't say?
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Why this works
Protects you from self-incrimination and ensures you exercise your rights.
13Will I need to testify, and what should I expect if I do?
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Will I need to testify, and what should I expect if I do?
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Why this works
Prepares you for what it's like to take the stand and be cross-examined.
14Are there any witnesses, and how will they impact the case?
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Are there any witnesses, and how will they impact the case?
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Why this works
Identifies key testimony and whether it helps or hurts your defense.
15What happens if I'm convicted? What are the next steps?
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What happens if I'm convicted? What are the next steps?
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Why this works
Prepares you for sentencing, appeals, or other post-conviction options.
16Can this charge be reduced, dismissed, or expunged from my record later?
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Can this charge be reduced, dismissed, or expunged from my record later?
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Why this works
Explores long-term consequences and whether future relief is possible.
17How will this affect my job, housing, immigration status, or other areas of my life?
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How will this affect my job, housing, immigration status, or other areas of my life?
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Why this works
Addresses collateral consequences beyond the criminal penalties.
18How can I reach you, and how quickly will you respond?
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How can I reach you, and how quickly will you respond?
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Why this works
Sets communication expectations so you know how to stay in touch.
19Is there anything I should avoid doing while my case is pending?
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Is there anything I should avoid doing while my case is pending?
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Why this works
Prevents mistakes that could hurt your case or make things worse.
20What questions should I be asking that I haven't thought of?
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What questions should I be asking that I haven't thought of?
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Why this works
Invites your lawyer to fill in gaps and educate you on overlooked issues.
Working with a Public Defender
Expert tips and techniques for getting the most out of these questions.