Questions to Ask at Your First Consultation With a Defense Lawyer

First steps

  1. Gather every document: citation, complaint, release order, MVD notice, any test results you were given.
  2. Write a short timeline of what happened while you still remember it clearly.
  3. Bring the list of questions below and take notes during the meeting.
  4. Do not sign or pay at the first meeting unless you are ready and the terms are in writing.

A first consultation is your chance to interview the lawyer, not only the other way around. Most people walk out having answered questions but not having asked any. This page lists the questions that matter most in an Arizona criminal case and explains what a useful answer sounds like.

Open sketchbook and pencil on wooden desk, perfect for creativity and design concepts.

What to bring

  • every paper from the police, the court and MVD, even if it seems minor;
  • a written timeline of events, with times and places where you know them;
  • names of any witnesses and how to reach them;
  • your questions, written down;
  • your calendar, so the next steps can be scheduled.

What you tell a lawyer while seeking legal advice is generally confidential. Be honest and complete; a lawyer can only defend the facts they know.

About the lawyer

  • How much of your practice is criminal defense, and how often do you handle this charge?
  • How often do you appear in the court where my case is filed?
  • Are you a board-certified specialist in criminal law? (Not required, but worth knowing; see How to Check an Arizona Lawyer Before You Hire.)
  • Will you personally appear at my hearings, or will someone else?

About the case

  • What are the next steps and dates in this court?
  • What are the possible outcomes, and what would each mean for me?
  • What evidence will you ask for, and when?
  • Are there programs or options such as diversion that could apply?
  • What should I do, and not do, until the next hearing?

A good answer explains the process and the range of outcomes. Be cautious of any lawyer who guarantees a result; no honest lawyer can know how a case will end before seeing the evidence.

If it is a DUI

  • Will you handle the MVD hearing or summary review as well as the court case?
  • What does the deadline on my MVD notice mean for me?
  • If I am convicted, what will the ignition interlock and license rules be?

The license case runs on its own timeline; Your Driver License After a DUI Arrest in Arizona explains it.

About fees

AskListen for
Is this a flat fee or hourly?A clear answer, in writing
What exactly does the fee cover?Hearings, motions, trial, MVD, experts
What costs could be extra?Investigators, experts, testing, transcripts
If I end the representation early, what happens to the fee?The refund notice Arizona requires for fees called nonrefundable
How and when do I pay?A schedule that matches the work

Arizona’s fee rules are summarized in How Criminal Defense Attorneys Charge in Arizona.

About communication

  • How will you keep me informed between hearings?
  • Who do I contact with a question, and how quickly will I hear back?
  • Will you send me copies of what is filed in my case?

After the case

  • If I am convicted, will I be able to set aside the conviction or seal the record later?
  • Is that work included, or a separate matter?

Arizona’s set-aside and sealing laws are explained in Setting Aside a Conviction in Arizona and Sealing Criminal Records in Arizona.

About your release conditions

  • Can you help me change a release condition that makes it hard to work or care for family?
  • What happens if I cannot make a court date because of work or travel?
  • Who do I call if I am contacted by police or the prosecutor about the case?

What not to do before you hire

  • Do not post about the case on social media.
  • Do not contact witnesses or the other people involved about the facts.
  • Do not discuss the case on recorded jail calls or messages.
  • Do not miss a court or MVD deadline while you decide.

After the meeting

Write down your impressions the same day: what the lawyer said about the likely steps, what the fee covers and anything that concerned you. If you decide to hire, read the written agreement before paying, and keep a copy with your case papers.

If you are calling for a family member

Relatives often make the first calls while the person charged is in custody. A lawyer can explain the process and fees to you, but the lawyer’s duties run to the person they represent, not to whoever pays. Expect the lawyer to speak with the accused person directly before giving advice about the case, and to keep some details confidential even from family.

Comparing lawyers

After two or three consultations, compare the answers side by side while they are fresh. The lawyer who explained the process most clearly, answered the fee questions directly and listened to your account is usually a better choice than the one with the most confident promises.

Tip: Ask each lawyer the same questions in the same order. The differences between the answers are what help you decide.