The initial one-hour consultation, which is provided to each client at no charge, is very often one of the most critical interactions in the attorney-client relationship. Not only do you get to provide details about the event and receive a legal analysis, but this is also the first time that you get to meet an attorney. These first impressions are very valuable and set the tone for the rest of the case.
I have to actually like my attorney?
Of course! You need to feel comfortable with your attorney because you need to be able to talk openly with them. The initial consultation allows you to determine, with no commitment to hire, whether you are a good fit for that particular attorney.
Your attorney is probably going to know a lot about you and, depending on the charges, many of these details can be sensitive. If you are not comfortable talking with your attorney, then critical facts can unintentionally be left out. This means that the legal defense is not as strong as it could be.
How should I prepare for my consultation?
The most important thing that you can do is bring any documents relating to your case. This includes police reports, tickets, complaints, court documents, and the like. You do not have to go out of your way to collect these papers, but if you have them readily available, it is always helpful to have them with you during the consultation.
Bring more information rather than less. If you think something might be helpful, then you should bring it along. We are quick at filtering through documents and determining what is important and what is not. When it comes to information – more is better.
What can I expect at the initial meeting?
When you first come intoMichling Law Firm PC, you will be greeted and seated in our lobby. Your attorney will come out and make a formal introduction before the conversation is moved to one of our conference rooms.
You can then tell your story and ask questions. The attorney may ask some specific questions, but we encourage you to tell us everything that you think will help us represent you.
Will I have to hire an attorney?
Not at all. These consultations are offered without cost and without commitment. You will not be pressured or pushed into making a decision at that moment. We will discuss the option and give you details, but this is not a sales meeting and we do not expect you to make an instantaneous decision.
A handful of clients make the decision to retain us on the spot, but others do not. At the very least, we will leave you with a copy of our retainer agreement so that you can go home, in a much more comfortable setting, and make the decision on your own time.
Choosing an attorney is an important decision and there are many factors to consider. Many people choose to take some time, think it over, and then they get back to us. We are here to help either way.
One of the things that make the legal process so intimidating and complex is the nomenclature that is used. “Arraignment” is on such term and it simply describes one of the early stage steps in the process.
What happens at the arraignment?
The defendant is formally notified of the charges being pursued against them. That's about it; the judge reads off the charges and gives a copy of the charging document to the defendant.
Is that all?
Not quite. In addition to putting a defendant on notice of the charges, this is also the time that a plea is entered. Unless there are specifically unique circumstances, the options are typically guilty or not guilty.
This is also a great time to get some preliminary motions filed. Defense attorneys like to use this court event to file various motions. Some common examples include a motion for a bill of particulars or a motion for discovery.
What if I have additional questions?
This is an often overlooked stage in the criminal process and even attorneys sometimes underestimate its importance. If you have any questions about this, or any, stage, an attorney atMichling Law Firm PCwould be happy to help.
When someone is arrested and awaiting trial, they are often given the opportunity to get released from jail in the interim. This process is known as “bailing out” and here are some of the most frequently asked questions.
When is the bail amount set?
A judge will typically set a preliminary amount during the first court appearance. In most cases a defendant will be required to post 10% of the stated amount in order to be released. If the defendant does not have the funds available to pay the court, then a lawyer can ask the court to reduce the set bail at a later date. Details on reducing the bond are provided below.
What factors are considered when a judge sets the amount?
This is a very frequently asked question and the answer depends on whether the person is charged with a felony, misdemeanor, or petty offense. There is affixed formula that applies in traffic and misdemeanor cases. The court is given discretion in setting the amount if a felony is charged, but they are required to consider:
- The nature offense charged;
- Whether the offense charged is one involving violence;
- Whether a firearm was used at any point during the offense or subsequent arrest;
- Motivations and/or ability to flee the jurisdiction of the court;
- Family and community relationships and ties; and
- The financial resources and employment of the accused.
- Show up to all court events;
- Obey all court orders;
- Do not leave the state;
- Report any changes in address; and
- Do not commit any criminal offense or violate any criminal statute.
There are more factors and a full list can be found here (LINK TO 725 ILCS 5/110-5(a)).
What is the purpose behind bail and common conditions of release?
The whole point is to ensure that a person who is released from jail follows court orders. The money is, in a sense, leverage that the court has over the defendant. If a condition is violated, then, amongst other consequences, the posted funds are forfeited.
There are conditions imposed by the court that the defendant must follow once they are released on bail. These are set forth in the order and vary from case to case. However, the following typically apply to all defendants:
The amount required is too high – Bond Reduction Hearings
If the amount required is simply too large for a particular defendant to pay, there are remedies available. After speaking with your attorney and filing the proper motions, a bond reduction hearing can be held. At this hearing, your attorney will present facts and evidence that support a lower award while the prosecuting attorney will try to counter them.
These hearings require a high level of detail and they vary from case to case. It is best to consult with an attorney regarding your specific situation.
Should I post the bail or pay for an attorney?
This is a very common question and, because there is often only enough money to either (1) get out of jail or (2) retain counsel, this is a legitimate concern. In many cases, both options are available. AtMichling Law Firm PC, we often represent defendants without requiring a retainer.
Instead of providing a large payment upfront, we give our clients the option of signing over the posted bail money. At the conclusion of the case the money is returned to us and, after we apply it to the attorney's fees, the remainder is returned to you.