People rarely shop for a criminal defense lawyer the way they shop for a car or a vacation. They’re not comparing leather seats or breakfast buffets; they’re Googling from a police station lobby or whispering into a phone outside the courthouse. Panic and myths travel together. I hear the same misconceptions again and again, usually from smart people who have never had to navigate an arrest or indictment. Let’s clear the air, keep the drama on television, and put some real-world footing underneath your decision making.
Myth 1: Hiring a lawyer makes you look guilty
This suspicion thrives in movies and high school debate clubs. In actual courtrooms, judges and prosecutors assume you will have a lawyer. The Constitution encourages it. Police assume you’ll ask for counsel during questioning because it’s basic self-preservation. When clients worry that calling a criminal defense lawyer signals guilt, I remind them of three things.
First, silence and representation are not evidence. A prosecutor can’t argue to a jury that you hired a lawyer, therefore you must be guilty. They can’t even mention it. Second, a lawyer buffers you from unforced errors. The earliest stage of a case, usually the investigative stage or immediately after an arrest, is where well-meaning people volunteer damaging details or agree to “clarify a few points” that later become the backbone of a charge. Third, waiting to hire counsel almost always costs more, financially and strategically. I’ve seen cases that could have been resolved with a non-criminal infraction morph into misdemeanors because someone answered one extra question in a “friendly chat.”
If you need an analogy: you wouldn’t worry that calling a locksmith implies you’re bad at doors. It implies you like your belongings where you left them.
Myth 2: Any lawyer will do, because law is law
Law is not a buffet. A real estate deal and a felony assault are not cousins, they’re different species. The rules of evidence, the sentencing guidelines, the local prosecutorial policies, the plea dynamics, the collateral consequences for immigration and professional licensing, all of that shifts under your feet in a criminal case. A criminal defense lawyer spends years learning how a specific courthouse breathes. They build credibility with prosecutors by delivering on promises and not playing games. When they say, “My client will complete this treatment program,” everyone believes them because they’ve seen it happen before.
I once had a client who hired a friend’s corporate attorney for an arraignment. Lovely person, sharp suit, no clue about bail factors. He didn’t push back when the prosecutor recited a worst-case narrative. The judge set cash bail the client couldn’t post. We were hired the next day, scrambled to reopen the bail hearing, and thankfully got him released on conditions that wouldn’t have chained him to a second mortgage. A capable generalist can be a liability in a criminal case, not because they’re not smart, but because they don’t know the terrain.
Myth 3: If you plan to plead guilty, you don’t need a lawyer
Guilt is rarely binary. It lives on a spectrum that runs from mistaken identity to overcharged to technically guilty but eligible for diversion or a deferred disposition that avoids a conviction. Even when the facts look bad, a good lawyer evaluates whether the government can prove each element beyond a reasonable doubt. They examine search and seizure issues, statements to police, forensic methods, lab chain-of-custody, eyewitness reliability. More often than you’d expect, the evidence has soft spots.
Let’s say the case is tight and you want to accept responsibility. Representation still matters. Sentencing can swing dramatically based on how you present your history, what mitigation you complete, and how you structure restitution or treatment. I’ve seen two defendants with identical charges receive very different outcomes because one brought a polished mitigation packet and community support letters, while the other shrugged and said, “I’m sorry.” Judges pay attention when remorse shows up as action, not just apology. A criminal defense lawyer knows what to assemble, who to contact, and how to frame your story without self-sabotage.
Myth 4: Public defenders are “free and bad,” private attorneys are “expensive and great”
Public defenders are some of the most battle-tested trial lawyers in the building. They handle complex cases all day long, know the prosecutors by first name, and argue motions while most firms are still finding parking. The myth that they are inferior comes from two sources: caseload and time. Public defenders often carry more files than human beings should. That can mean less availability for long phone calls and hand-holding. It doesn’t mean poor quality advocacy in court. I’ve watched public defenders out-argue white-shoe defense counsel on suppression motions because they’ve litigated those issues twenty times in the last year.
Private lawyers, meanwhile, vary widely. Some bring surgical skill and concierge attention. Others love press conferences and neglect file work. Paying more does not guarantee better results; it usually purchases more time and flexibility. The question is not public versus private. It’s capacity, experience, and fit. If you qualify for appointed counsel, meet them, ask questions, see how they communicate. If you hire privately, ask for specifics about strategy and workload. You’re not buying a trophy, you’re hiring a teammate.
Myth 5: A great lawyer can “get you off” regardless of the facts
No one has a magic briefcase. Judges and juries rule on evidence and law, not charms. When people tell me, “My friend’s cousin had a lawyer who made the case disappear,” I ask for details. Usually the case involved weak proof or a cooperative witness who evaporated. Skill matters a lot, but it rides the waves of reality. A strong lawyer doesn’t promise outcomes. They map scenarios, challenge bad evidence, negotiate from strength, and preserve appellate issues when necessary. The fantasy of guaranteed acquittals is harmful because it sets you up to distrust good counsel who deliver hard truths.
Here’s what a great criminal defense lawyer actually does. They get in early to shape the narrative before charging decisions calcify. They locate the exculpatory witness before the prosecution does. They file the suppression motion that scares the case into a sensible plea. They humanize you to a prosecutor who would otherwise see a file number. They ensure your case is measured by what can be proven, not what was rumored.
Myth 6: You should wait to see if charges are filed before calling a lawyer
Pre-charge is the time to act. I’ve prevented charges by presenting documents or context that investigators didn’t yet possess. Once a charge is filed, undoing it is possible, but the inertia runs heavy. Police interviews, search warrants, digital extractions, and grand jury decisions often happen quietly. If you call after your phone has been imaged or your coworker’s statement locked, your options shrink.
Early counsel creates guardrails. Your lawyer fields police calls so you don’t talk yourself into a charge. They negotiate self-surrender instead of a public arrest at work. They coordinate voluntary production of materials rather than an aggressive search that rattles your family. And sometimes, they persuade the prosecutor to file a lesser count that still addresses the conduct but spares you a mandatory consequence like license loss or firearm disqualification. Waiting rarely helps, except for the fantasy https://open.substack.com/pub/derrylleti/p/what-a-criminal-defense-lawyer-wants?r=6ombqf&utm_campaign=post&utm_medium=web&showWelcomeOnShare=true where the whole matter evaporates. That happens, yes, but not usually because someone ignored it.
Myth 7: The best lawyer is the one who promises the lowest fee
Fees are risky to compare like gas prices. A low quote might reflect efficiency, or it might reflect limited scope and surprise add-ons later. A flat fee can be a blessing if it includes motion practice, expert consultation, and trial. It can also be a trap if it covers only an arraignment and plea, with everything else billed separately.
When clients ask me about cost, I show them the economics. For a felony that could span six to twelve months, a lawyer will invest dozens to hundreds of hours. They might hire an investigator or a forensic expert. They’ll write motions, negotiate, and prepare for hearings that get rescheduled because the court’s calendar has a mind of its own. If a fee seems too good to be true, I ask what it excludes. Will the lawyer be at every hearing? Will they meet you in person before critical milestones? Are expert fees included? Honest answers tell you more than the number.
Myth 8: The first lawyer who calls you back is the one you should hire
Responsiveness matters. If you’re worried about a 6 a.m. search, you don’t want someone who replies at 5 p.m. next Wednesday. But speed alone is a poor filter. During the first call, listen for clarity, not just confidence. Does the lawyer ask specific questions about the stop, the timeline, the devices seized? Do they explain how local judges handle similar cases? Do they know the prosecutor’s office and any quirks in diversion eligibility? If the conversation is all swagger and no substance, keep looking.
I advise clients to treat initial consults like interviews. Pay attention to how the lawyer frames risk. If they say everything is easy and you’re definitely fine, they’re selling hope. If they say everything is doom and there’s no point fighting, they’re selling fear. You want someone who measures risk honestly and still builds a plan.
Myth 9: If the evidence is strong, plea and get it over with
Speed has its place, but haste is expensive. Strong evidence becomes less strong when examined. Body camera footage sometimes contradicts reports. Lab results have error rates. Search warrants misstate facts. At the same time, waiting too long can erode plea leverage, especially if the prosecutor’s office has tiered offers that worsen as trial dates approach. The art is timing. Sometimes we push hard immediately to secure a favorable deal before the file goes upstairs. Sometimes we litigate suppression, knowing we might lose, because the fight positions us for a better resolution or sets up a clean appellate issue.
One example: a client faced a drug distribution charge based on a car stop and trunk search. The case looked airtight until we subpoenaed dispatch audio and realized the “weaving” that justified the stop lasted three seconds on a windy night and didn’t appear on dash video. The motion to suppress was granted. The case went from a guaranteed felony to a negotiated misdemeanor paraphernalia count without jail. If we had pled at arraignment to “get it over with,” that door would have stayed shut.
Myth 10: You can talk your way out of it, you’re a great communicator
People who thrive in sales, management, teaching, or politics often believe they can charm their way through a police interview. They confuse rapport with control. Police are trained to make you comfortable. Comfortable people talk. Talking people say more than they should. Even innocent folks trip over details and timelines under stress. I’ve watched career negotiators agree to “clear a few things up” and then spend months repairing the damage from one unsupported guess they voiced out loud.
If you want to help, provide the name of your lawyer and sit tight. Your attorney can vet whether an interview helps or hurts, and if it helps, they can insist on conditions that protect you, such as limiting topics or ensuring a video recording. Smart people get in trouble because they underestimate the risk of improvisation. Save the improv for the stage.
How to actually choose the right criminal defense lawyer
Choosing counsel should feel like hiring the lead for a mission-critical project with high stakes and too many variables. Money matters, chemistry matters, and facts matter. You want someone who will both challenge and reassure you, who knows when to be loud and when to be quiet. The glittery website and the hushed referral from a friend can both be useful, but they’re starting points, not final answers.
Here’s a focused, practical way to evaluate options.
- Ask about their recent cases that resemble yours, including charges, courthouses, and outcomes. Look for details, not vague boasts. Request a plain-English plan for the first 30 to 60 days. You should know what will be done and why it matters. Clarify the fee scope, including what happens if the case goes to trial, and whether experts and investigators are included. Assess communication norms. Who will be your main contact? How fast do they respond? How do they prefer to update you? Gauge realism. Do they identify weaknesses candidly and still propose ways to strengthen your position?
Use that lens, and you’ll sniff out sales talk faster than any online review.
The quiet math of risk and reward
Criminal cases are probability puzzles wrapped in human stories. Two people charged with the same offense can face very different risk profiles depending on criminal history, immigration status, employment, licensing, family responsibilities, and local politics. A first-time nonviolent offender might be a candidate for diversion in one county, while a neighboring county has no such program. The same blood alcohol concentration can produce divergent sentences depending on the judge. A criminal defense lawyer doesn’t control those variables, but they know how they interact.
When I size up a case, I look at four bands of risk: legal exposure, evidentiary strength, personal stakes, and system dynamics. Legal exposure covers statutory ranges and mandatory minimums. Evidentiary strength captures how likely the government can prove the case at trial. Personal stakes include collateral damage like professional discipline or immigration consequences. System dynamics are the human and institutional factors: the prosecutor’s discretion, the judge’s tendencies, and the courthouse’s bandwidth. Strategy means adjusting each band. Maybe the legal exposure is fixed, but you can reduce evidentiary strength with a suppression motion. Maybe the evidence is strong, but you can soften personal stakes with treatment, restitution, or community service that persuades the prosecutor to amend charges.
People who expect a silver bullet miss this quieter, more durable math. It’s not exhilarating like a TV twist, but it’s how results happen.
Myth 11: Reviews and social media tell you everything you need to know
Online reviews can help, but read them like a detective, not a fan. Five-star entries that say “Great lawyer!” with no details tell you little. The helpful ones mention specific acts: explained options clearly, returned calls quickly, filed a successful motion. Negative reviews deserve inspection too. Sometimes they expose a pattern, like poor communication. Sometimes they reflect a client who rejected realistic advice. Lawyers are constrained in what they can say publicly about cases, so you won’t see them rebutting inaccuracies with facts.
As for social media, a feed with heartfelt client thank-yous and legal explainers is a good sign. A feed dominated by self-congratulation and vague “Another victory!” posts, with no substance, is not. It tells you more about the person’s marketing than their courtroom work.
Myth 12: If you’re innocent, you don’t need to worry
Innocent people get charged. Innocent people get convicted. It’s rare, but not so rare you should shrug. Eyewitnesses misidentify. Forensics get overstated. Digital evidence can be misread. If you are innocent, you need a lawyer even more, because the stakes are life-altering and your instinct to talk can be the very thing that creates risk. The presumption of innocence is a rule of decision for judges and juries, not a force field that protects you from mistakes.
A client once refused counsel because “the truth will come out.” It did, eventually, but only after nine months, two hearings, and a forensic expert who debunked a flawed analysis of cell tower data. Nine months is a long time to gamble on the truth revealing itself without help.
What actually improves outcomes
There’s no single lever, but several habits repeatedly move cases in the right direction.
- Hire early, before statements and searches harden the record. Early action saves fights later. Be brutally honest with your lawyer. Surprises punish you, not your attorney. Do the homework. Treatment, classes, community service, restitution, letters of support, all of it demonstrates responsibility and changes how a prosecutor and judge view you. Show up for every hearing, on time and prepared. Reliability earns credibility, which helps during close calls on bail or sentencing. Keep your world stable. Work if you can. Stay off social media about the case. Follow conditions. Judges notice steadiness.
These aren’t glamorous. They’re effective.
The thorny subject of plea bargains
Plea agreements resolve most cases. They’re not a moral failure; they’re a negotiation between risk and certainty. A good plea trades trial risk for a known outcome that avoids the worst consequences. But a bad plea haunts people for years with immigration problems, license suspensions, firearm prohibitions, and employment barriers that were foreseeable but not discussed.
A reliable criminal defense lawyer treats pleas like contracts. They identify every collateral consequence they can, or they bring in specialists who can. They refuse deals that sound good but hide land mines, like a deferred adjudication that still triggers a professional discipline audit. They confirm the factual basis is tight and not an open-ended narrative that could be used in future proceedings. And they document the government’s promises so compliance disputes don’t devolve into “he said, she said” later.
Budgeting for a defense without wrecking your life
Clients often ask if they should liquidate savings or borrow from family. The answer depends on risk. If you’re facing a year in jail and lifelong collateral damage, investing more upfront in the right defense can be rational. If the case is a low-level misdemeanor likely headed for diversion, spending like you’re preparing for a federal trial doesn’t make sense. Your lawyer should help you calibrate, not pressure you.
Ask about staged fees: one amount for the pretrial phase, a separate amount if the case goes to trial. Ask about payment schedules. Ask what work product you’ll see: motion drafts, investigator reports, mitigation packets. Transparency protects both sides and keeps the relationship healthy. If a lawyer seems allergic to specifics about fees or won’t put scope in writing, that’s a warning sign.
The human factor you can’t quantify
The law is language, but cases are about people. I had a client who brought a sketchbook to every meeting. He was accused of vandalism. The sketches told a story about his mental health and how drawing kept him grounded. We showed the prosecutor. Instead of insisting on jail, they agreed to a restorative justice meeting with the property owner and a community art project for teenagers. Case dismissed after six months of compliance. Nothing in the penal code required that outcome. The human factor did.
A criminal defense lawyer’s job is to make decision makers see your humanity without insulting theirs. That takes instinct and humility. It also takes listening to you, not just talking at you.
Parting myths that deserve a quick nudge
Myths multiply in anxious moments. A few quick nudges help.
You can’t DIY a criminal case with online templates. The forms won’t argue for you, and the hearing won’t wait while you Google rules of evidence. Video always helps the defense. Sometimes, yes; sometimes it captures your worst moment from three angles. Judges hate aggressive defense lawyers. Judges hate sloppy lawyers. They respect strong advocacy that obeys the rules.
The truth is less dramatic and far more useful. A skilled criminal defense lawyer applies law to messy facts, protects you from your own panic, and steers your case through a system that runs on rules, relationships, and reputation. Hire early, choose wisely, and resist the seductive myths that promise easy answers. The work isn’t glamorous, but it’s how you get your life back.
Law Offices Of Michael Dreishpoon
Address: 118-35 Queens Blvd Ste. 1500, Forest Hills, NY 11375, United States
Phone: +1 718-793-5555
Experienced Criminal Defense & Personal Injury Representation in NYC and Queens
At The Law Offices of Michael Dreishpoon, we provide aggressive legal representation for clients facing serious criminal charges and personal injury matters. Whether you’ve been arrested for domestic violence, drug possession, DWI, or weapons charges—or injured in a car accident, construction site incident, or slip and fall—we fight to protect your rights and pursue the best possible outcome. Serving Queens and the greater NYC area with over 25 years of experience, we’re ready to stand by your side when it matters most.