I Got Arrested. Now What?

You have been arrested. They have taken your mugshot, posted it online and you feel helpless and humiliated. What should you….or more to the point….What can you do? Remain calm and keep things in perspective. Panic may have set in, but it will not serve you well over the next few days if you let it affect your decision-making abilities.

The onslaught of mailed advertisements will begin. You will receive letters, brochures and pamphlets from criminal defense lawyers all hungry to get your business. I suggest you consider these materials for what they are……advertisements. Don’t dismiss them, but don’t let them fool you into making an unwise decision on who will represent you in your case.

Do your research. Contact local civil attorneys or law firms with good reputations and ask for a referral. It is unethical for a criminal defense lawyer to pay referral fees to referring attorneys who do not assist with the actual defense, so if a reputable attorney provides a referral it will likely be based on a desire to provide you the best referral.

Stay skeptical. Do not necessarily fall for the lawyer with the best website or online presence. The internet is a valuable tool, but many unqualified and inexperienced lawyers are able to “land” cases because they are talented at optimizing websites and providing slick advertising. True academic and professional accomplishments cannot be faked. Understand that testimonials from anonymous sources can be misleading and even provided by the lawyer or the advertising agent.

Look for experience and consider staying local. An experienced lawyer is a must. Also, understand that a local lawyer will have a good idea of the personalities and practices of the Assistant State Attorney and Judge assigned to your case. Many times lawyers from foreign jurisdictions will be all too eager to represent a Defendant in a county where they have little or no experience with the local judiciary and local rules and procedures. This can lead to your lawyer having a serious disadvantage and an inability to predict and/or determine what comes next.

Require a written fee agreement. Insist that your lawyer provides a fee agreement outlining your financial responsibilities. This will protect both you and the lawyer and eliminate “hidden” or undisclosed fees and costs. You do not want to get to the end of your case only to find out the lawyer is insisting on more money or requires a trial fee that was not part of the agreement.
Stay involved and informed. You are the best advocate in your case. Remember the lawyer was not there when you were arrested. They only know what you tell them and what discovery provides. Stay in touch and require regular updates. It is my practice to provide my clients with my personal cellular number to avoid gaps in communication. Many lawyers refuse to provide this kind of access as it can be intrusive. However, I understand the fear and anxiety associated with criminal cases and feel it is best practices to provide after-hours access.

Andrew Metcalf is a criminal defense lawyer practicing in Vero Beach, Indian River County Florida and the 19th Judicial Circuit. Mr. Metcalf is the Immediate Past President of the Florida Association of Criminal Defense Lawyers, Past-President of the Indian River County Bar Association and Past-President of the Indian River County Association of Criminal Defense Lawyers. He was an author for and Past-Editor-in-Chief of the Florida Defender. Mr. Metcalf has earned a Preeminent Peer Reviewed Rating from Martindale Hubbell and has a perfect 10.0 rating with AVVO lawyer rating service.

Andrew B. Metcalf is a partner of Green & Metcalf - Attorneys At Law. He has over 20 years of experience in the practice field of criminal defense. Metcalf is the Immediate Past President of the Florida Association of Criminal Defense Lawyers and Past President of both the Indian River Bar Association and the Indian River Association of Criminal Defense Lawyers. He has earned a Preeminent AV Peer Reviewed rating with Martindale Hubbell and has a perfect 10.0 rating with AVVO.