I Had the Best Lawyer in the State, What Happened?

People who are convicted after hiring a well-known lawyer often ask the same question: “I had the best lawyer in the state. What happened?” The answer usually has less to do with the lawyer’s reputation and more to do with how the case was actually handled. To understand that, it helps to know how criminal defense cases are commonly worked. Not every attorney fits neatly into one category, but many cases follow one of three general patterns.

The Standard Defense

• The attorney is retained and requests discovery from the State. Under Texas’s discovery statute, Code of Criminal Procedure Article 39.14, the State must produce offense reports, witness statements, and other material evidence as soon as practicable after a timely request from the defense.
• The attorney may have an associate or a private investigator interview potential witnesses, take statements, or handle other tasks to prepare the case.
• The attorney receives the discovery from the State. Some attorneys review it closely right away. Others have a paralegal or associate go over it, or wait to study it in depth until shortly before trial.
• Then the waiting begins. Many defense attorneys believe that delay can help the defense. Over time, some evidence changes or disappears, and some witnesses’ memories fade, sometimes to the point that their testimony is less credible. In many cases, patience can be a reasonable strategy.
• Shortly before trial, the attorney reviews all of the material and prepares the case. That can make practical sense when a trial is months away and circumstances may still change.
• Between the arrest and the trial, there may be relatively little visible activity. The attorney requests discovery, has witnesses interviewed, investigates the case, waits for trial, and then prepares. Many very good criminal defense attorneys handle cases this way, and in many criminal cases this approach works well.

The High-Profile Defense

• Most cases are not national news. When a case is, the defense team can be expected to use investigators and associates to gather evidence and go through everything in great detail.
• High-profile cases often involve many hearings, extensive use of experts, and a steady flow of motions.
• In these cases, the defense is often well funded and everyone involved knows the case is being closely watched, so there is a great deal of activity on a daily basis.

The Defense That Never Happens

• Unfortunately, some attorneys win a client’s business with a long list of things they plan to do, and then very little of it actually gets done.
• When that happens, the main focus of the defense often becomes negotiating a plea rather than preparing to challenge the State’s case.

Why the Standard Approach Is Not Always Enough

Many attorneys fall into the first category, and many of them are excellent criminal lawyers. They have a system that works for them, and in most cases it does.

One common problem is that clients are not always realistic about how much time an attorney can devote to a single case. Most cases are not high-profile, and most clients are not paying the kind of fees that fund weeks of review. In an average case, the attorney applies the fee where it can do the most good, which usually does not include days spent reading boxes of material supplied by the client. That is not because the client’s case is unimportant. Attorneys manage many cases at once, and each one has to receive its share of attention.

That approach may work in many criminal cases, but it often does not work in a child sexual abuse allegation case. Emotions run much higher, especially among prosecutors, law enforcement, and child protective investigators. Delay can also work against the accused, because the longer a case goes on, the more opportunity there may be for a child to be influenced, intentionally or not, in ways that strengthen, add to, or change the original allegation.

Serious felony accusations also call for experience with serious felony cases. An attorney who handles a serious felony the same way they handle smaller cases can put the client at real risk. When you hire a lawyer, ask directly about their experience with the specific type of charge you are facing and how they plan to prepare your case.

Choosing the Right Defense for a Serious Charge

Dunham & Jones defends people accused of serious offenses throughout Texas, including sex crimes and child abuse allegations. If you or a family member is under investigation or has been charged, we can review the allegations, explain how we would approach the case, and talk with you about what preparation your case may need. For guidance on what to do after an arrest, see what to do if you’re arrested in Texas, and for help evaluating a lawyer, see questioning a prospective attorney.

Accused of a serious offense in Texas? Call Dunham & Jones 24/7 at 800-499-8455 for a free consultation.

Frequently Asked Questions About Choosing a Criminal Defense Lawyer

Frequently asked questions about choosing a criminal defense lawyer.

This article provides general information and is not legal advice. Every case depends on its particular facts, charges, criminal history, court orders, and applicable law.