What do Criminal Defense Lawyers do?

We help people charged with crimes navigate the criminal justice system. Sometimes, my role is educator. In every case, I explain to my clients what they have been charged with, the possible penalties involved with that crime, and the rights that my clients have. I define any terms that my clients do not recognize, and I explain to them the next steps in the case.

Sometimes, my role is advocate. In every case, there are certain bad results that can happen, like jail or prison. There are also some good results, like a dismissal or being found not guilty. I listen to my clients’ wishes, and I argue for the best possible outcome for my clients. In some cases, I’m asking for more time so that my clients can finish up treatment programs, and in other cases, I’m arguing before a jury that my client did not commit the crime.

Sometimes, my role is counselor. At pre-trial, should you accept a plea deal or continue to trial? If you decide trial, should we do a jury trial or a trial before a judge? At trial, should we argue that you were not there at the time of the crime, or that you were there but it was self-defense? As legal questions arise in your case, a criminal defense lawyer can counsel you on the pros and cons of each choice. In order for you to make the best possible decision, an experienced criminal defense attorney should properly advise you.

Sometimes, my role is protector. The State is represented by a prosecutor, who is a lawyer with 3 years of law school and countless years of experience. They have the many tools available to law enforcement at their disposal. You too should have a lawyer to even the playing field. A lawyer can help you avoid dangers that you are not aware of. A lawyer can also make sure that your rights are respected.

Why Would I Hire a Lawyer if I know I’m Guilty?

Because there is more than one possible outcome to a criminal case. For example, you could get a $75 fine or $1000 fine. Also, the court could sentence you to probation where you would report monthly or sentence you to supervision where you will not report at all. Furthermore, you could get a jail sentence of 2 days or a prison sentence of 2 years. Lastly, the outcome of the case could take away your driver’s license or have no impact on your driving privileges at all.

Lawyers go to law school for 3 years and then practice law for decades. Most people just don’t have the legal training that even an entry level lawyer has. Therefore, an investment in a lawyer can have a significant difference in the outcome of your case.

How long will my case take?

As short or as long as it needs to for you to have the correct outcome. If on the first date you waive your rights, plead guilty, and are sentenced, then your case on only take 1 day. But if the State offers you a dismissal upon your completion of drug treatment or anger management, then your case could take 6 months to a year. On the other hand, if you plan on going to trial and would like several pre-trial motions filed because mistakes were made in your case, then your case could last 2 years or more. Many factors go into how long a case lasts.

Recently, the Illinois Supreme Court released time standards for case closure. This is their expectation of how fast your case should be resolved.

Case Type	% Complete	Time in Months to Completion	Time in Days to Completion	Notes
Criminal Felony	75% 90% 98%	18 Months 24 Months 30 Months	548 Days 731 Days 913 Days	Date of Filing to Sentencing/Dismissal
Misdemeanor/ Dom. Vio.	75% 90% 98%	6 Months 9 Months 12 Months	183 Days 274 Days 365 Days	Date of Filing to Sentencing/Dismissal
DUIs/ Major Traffic	75% 90% 98%	9 Months 12 Months 15 Months	274 Days 365 Days 457 Days	Date of Filing to Sentencing/Dismissal
Minor Traffic/ Ordinance Vio/ Quasi-Crim./ Conservation	75% 98%	3 Months 6 Months	91 Days 183 Days	Date of Filing to Sentencing/Dismissal

Should You Keep the Public Defender or Hire a Criminal Defense Lawyer?

But there are some downsides to going with the public defender. Anyone who has ever had a bad experience with a public defender will tell you that they wished they would have hired a private criminal defense lawyer. The main 3 reasons for going with private counsel are:

1. Freedom of choice. You get to choose your private lawyer, whereas you don’t get to choose your public defender. You can pick the best lawyer to represent you.
2. Individualized attention. Private lawyers generally have more time to dedicate to specific cases than do public defenders.
3. Right fit. Not all people are eligible for the public defender. But even if you are eligible, a public defender may not be the right fit for you.

What should I tell my criminal defense lawyer?

Everything (relating to your case)! Your conversations with your lawyer are privileged communications. That means that your lawyer cannot be forced to say what you told him or her. Your defense lawyer needs to have an open and trusting relationship with you, so that they can best help you with the outcome of your case. While your lawyer may not want to know what you ate for breakfast, here are the things I am looking for in every client interview:

1. Are there witnesses that I need to contact who can help us with our defense;
2. Is there videos or other items of evidence that need to be timely preserved;
3. Are there legal issues or defenses that can be raised; and
4. What is our goal and are we effectively working towards that goal.

What should I consider when hiring a lawyer?

How much will my criminal case cost?

There is no one-price-fits-all for criminal cases. Cases are priced based on a lawyer’s calculation of their time, severity of the matter, and expertise. There are some cases that we can resolve quickly because you are eligible for court programs. If you get offered a program and you are willing to comply with its terms, then lawyers will not charge you as much. If, however, you would like your lawyer to argue various motions and resolve your case by way of a jury trial, then you would likely pay substantially more. I have seen some lawyers go as low as $500 for a petty traffic offense and as high as millions of dollars on a homicide defense.

Lawyers are expensive and I understand that not all people can afford my legal services. By not accepting every client, I can give my clients a high level of care and attention to their case. I give back to the community by offering tons of free legal education on this website and through my YouTube Channel – Law Talk for Non Lawyers. If you are in a tough financial situation, just remember that every county offers public defenders for people in need.

Do Lawyers really keep track of their win-loss percentage?

Television likes to glamorize the statistic of “win-loss” ratios but serious trial lawyers do not keep track of that statistic. Let me explain. The decision to take a case to jury trial does not rest with the lawyer, it rests with the client. If a client wants to go to trial, even if the case is a loser, then the lawyer goes to trial. If the client wants to take a plea deal on a case that is a winner, then it will not go to trial.

The only people with a win rate of over 90% are people who are cherry-picking their cases. You should be wary that if you want to go to trial, but that lawyer feels the case is a loser, that lawyer will withdraw from your case. This means any money you paid for that lawyer’s time is lost, and now you will have to pay a new lawyer who will actually take your case to trial.

How about the situation where you have 3 charges, an Armed Robbery, a Robbery, and a theft, and the jury finds you not guilty of an armed robbery and robbery, but then guilty of the theft. Is that a win because you beat the most serious charges or is that a loss because you were found guilty of a theft? What if you go to trial, lose, and then the Court sentences you to less time than what the State was initially offering, was that a win because you got less time than the State’s lowest offer? What if you lose the initial trial but then you won your case on appeal because of the good work that your trial attorney did, is that a win or a loss?

Would you rather go to trial with a lawyer who has won 19 out of 25 jury trials (76%) or a lawyer who has won 4 out of 5 jury trials (80%)? Someone who has only done 5 jury trials probably does not have the experience that someone who has tried 25 cases before a jury. Sorry television but most serious trial lawyers do not keep track of this statistic.

Hire Illinois Criminal Defense Lawyer Clyde Guilamo

Please browse through the many guides I offer on this site as free legal education. #notlegaladvice. If you have specific questions about your case, call us today for a legal consultation: