An arrest does not wait for you to feel ready. In Indiana, you could be in front of a judge within days, and the lawyer you hire now can shape everything that happens after. Summerfield-Dandurand Law Group, LLP, Founders of Custom Law breaks down the questions that actually tell you who you are hiring.
What Should You Ask a Criminal Defense Attorney Before You Hire Them?
The right questions reveal whether a lawyer knows how to fight your case or whether they are simply telling you what you want to hear.
Time matters, but it should not rush your judgment. In Indiana, if you are arrested and held in custody, your first court date, called an initial hearing, usually happens within 48 hours under Indiana Code 35-33-7-1. If you post bail before that hearing, it can be set as late as 20 days out, or 10 days for an Operating While Intoxicated (OWI) arrest. Either way, you do not have months to shop around, but you do have enough time for a real conversation before you sign anything.
Ask about the lawyer’s experience with cases like yours, their trial record, their plan for your case, how they communicate, and what it will cost. A lawyer who answers all of this clearly, without dodging or promising an outcome, is worth a second look. One who cannot, or will not, is a warning sign on its own.
Write your questions down before the call. It is easy to forget half of them once the conversation turns to your specific charges and your options.
How Much Experience Do You Have With Cases Like Mine?
Criminal defense covers a lot of ground, and not every lawyer handles every kind of case the same way.
A lawyer who mostly handles OWI cases may not be the right fit for a felony drug charge, and the reverse is true too. You need someone who understands the kind of fight your case requires. Ask how many cases like yours the lawyer has handled, and ask if they know the courts and prosecutors in your county. A lawyer who has worked against the same prosecutor’s office before often has a real edge, since they already know how that office tends to charge and negotiate cases.
How Many of Your Cases Have Gone to Trial?
This question tells you whether a lawyer can actually try your case, not just settle it.
Plenty of lawyers handle years of cases that end in a plea deal, which is often the right outcome, but it does not tell you much about their courtroom skills. Ask directly how many trials they have handled and how those cases turned out. If your case looks headed for trial, you want a lawyer who is not walking in for the first time. A defense lawyer should be ready to make the tate prove its case not just accept the first offer on the table.
What Is Your Plan for My Case?
A lawyer should tell you how they plan to challenge the case against you.
Ask what steps they plan to take, from reviewing the arrest and the evidence to talking with the prosecutor. Ask what a plea deal might look like compared to fighting the charge, and what happens under each path. Be wary of a lawyer who promises a specific result before they have seen your file. Nobody can guarantee how a case ends, and a lawyer who says otherwise is telling you what you want to hear, not what is true.
How Will We Communicate, and How Often?
After an arrest, silence from your lawyer can feel like another person deciding your future without you. Ask how communication will work before you hire them.
Ask whether you will work mainly with the attorney or mostly with a paralegal or associate. Ask how they prefer to communicate, whether by phone, email, or text, and how quickly they typically respond. A lawyer who goes quiet for weeks at a time can leave you guessing at the worst possible moment.
What Will This Cost, and Who Else Will Work on My Case?
Cost and staffing go hand in hand, and you should understand both before you sign a fee agreement.
Ask whether the lawyer charges a flat fee or an hourly rate, and what the retainer will be. Ask about other costs you might face, such as filing fees or expert witnesses. Then ask who else might work on your case. Many firms use paralegals and associates to keep costs down, which is not a bad thing in itself, but you should know who is actually doing the work before you agree to pay for it.
Understand Who Will Fight Your Case Before You Hire a Criminal Defense Lawyer
The lawyer you choose will shape how your case moves forward. Ask hard questions before you sign an agreement. Understand who will handle your case, how they prepare, and whether they are ready to challenge the evidence against you.
If you have been arrested or charged with a crime in Indiana, Custom Law can review your situation and explain your options.
FAQs
How soon after an arrest do I need to hire a lawyer in Indiana?
As soon as you can. If you are held in custody, your initial hearing usually happens within 48 hours, and having a lawyer by then can affect bail and how the case starts. If you are out on bail, you still have days, not months, before things move forward. The sooner a lawyer understands the facts, the sooner they can start protecting your position.
Should I hire the first lawyer I talk to?
Not necessarily. A short call or consultation can tell you a lot. If a lawyer cannot clearly explain their plan, their experience with your type of charge, or their fees, keep looking.
Is it a bad sign if a lawyer will not promise how my case will turn out?
No, it is the opposite. No lawyer can guarantee an outcome before reviewing your case. A lawyer who promises a result up front is making a claim they cannot back up.
Does it matter if my lawyer used to work as a prosecutor?
It can help. A lawyer with prosecution experience often understands how the state builds and evaluates a case, which can shape how they approach your defense.
What is the difference between a flat fee and an hourly rate?
A flat fee covers the case for one set price, while an hourly rate bills you for the time the lawyer spends on your case. Ask which structure applies, along with the retainer amount and any other costs you might face.