Innocence Legal Team | Blog

HOW TO SELECT THE RIGHT SEX CRIME DEFENSE ATTORNEY

Written by Patrick Clancy and David Cohn | Jun 16, 2024 8:20:12 PM

It may be the most serious decision you ever faced in your life. If you or a loved one is facing a serious felony sex crime charge, it matters who is defending you.

But how do you find the right attorney for the job? 

 

USE PUBLICLY AVAILABLE REFERRAL SOURCES TO DEVELOP A LIST OF CANDIDATES

Previously, most people found legal representation through referrals from friends, family, and associates. This has slowly changed with the revolution and evolution of the internet.

There are reputable attorney referral resources.

These include Bar Associations including:

There are also commercial sites which include paid advertising, including:

RESEARCH THE BACKGROUNDS OF THE LAWYERS AND LAW FIRMS THAT YOU ARE CONSIDERING

As a basic matter, you will want to check up on whether the attorney is licensed to practice law in your state and whether the attorney has had any discipline. This can be done by visiting your state's bar website. For example, in California, you can visit the California State Bar Website

You can also look on various sites to see what an attorney’s rating is and read comments, both positive and negative. These include:

 

WHAT TO ASK BEFORE YOU HIRE AN ATTORNEY

Sex crime defense is an expertise very few attorneys have. Attorneys will insist they are "experts" while providing few specifics. They will even get offended if you ask questions. Don't fall for it. When your life is on the line, you need to ask the right questions. 

Questions to ask include:

  • How many cases like mine have you handled?
  • How many trials in cases like mine have you tried?
  • How many trials in cases like mine have you won?
  • What steps do you take to prepare a case like mine?
  • What strategy do you recommend for my case?

In most jurisdictions, attorney retainer agreements must be in writing. Insist on this. Be sure to review the retainer agreement carefully. Does it include trial preparation, necessary motions and the trial itself? What will be charged for any items not included? 

 

WHAT TO AVOID IN AN ATTORNEY

The sad truth about many attorneys is that they are quick to take your money but slow to perform the difficult work of thoroughly investigating your matter and adequately preparing it for trial.

These attorneys are known as “dump trucks.” Characteristics of the “dump truck” attorneys include:

  • Lack of contact with you and/or your family.
  • Failure to complete (or even begin) the necessary investigation to establish your defense.
  • Failure to formulate and execute a winning strategy or theory of your case. 

WHAT TO LOOK FOR IN AN ATTORNEY

Characteristics of competent legal counsel include:

  • Maintains contact with you and your family, listening and seriously considering your input and ideas.
  • Investigate thoroughly to develop evidence of your innocence.
  • Has a winning strategy.
  • Prepares for trial (preparation is the key, whether for trial or to obtain the best plea bargain).

Legal fees are always negotiable. Ask yourself, is an attorney you have paid very little money for really going to perform all the above? Think about a serious sex crime charge like a life-threatening disease. Would price be the most significant consideration when selecting a physician?

Once you have verified that the attorney you are considering has a track record of success in your area, consider the attorney's communication style. Every attorney and law firm is different. It is crucial to select a legal representation that you are comfortable with.

Finally, be sure that your agreement is in writing (which is required in most jurisdictions, including California). Read it carefully. Is all of the preparation included? How about trial? Are necessary motions included? Does the agreement cover only until the completion of the preliminary hearing? What about costs, such as for investigators and experts?

The Innocence Legal Team is the only law firm in California that exclusively handles sex crimes. Others claim to “specialize” in this area while also “specialize” in everything from drunk driving to petty theft. Don’t be fooled.

Patrick Clancy is the Founder and Chief Strategist of the Innocence Legal Team. He has tried more sex crime jury trials on behalf of the accused than any other attorney in California.

Client testimonials include:

  • “Patrick Clancy saved my life.”
  • “I give credit to Mr. Clancy's reputation leading to no charges filed.”
  • “He is a true expert that will fight with all of his heart.”
  • “Thank you, Mr. Clancy, for fighting hard for my freedom and dignity.” The Innocence Legal Team provides

Please use the below link to schedule a consultation so that we can get started helping you right away.

*This article is intended as general information only. It is not intended as legal advice.