10 Questions People Are Afraid to Ask a Criminal Defense Lawyer
Most people facing a criminal investigation or arrest have never been through the system before. They have questions they’re nervous to ask, or don’t know who to ask. In this interview, Attorney Ron Frey answers the questions he hears most often from people in Hillsborough County, Pinellas County, and federal court in the Middle District of Florida, in his own words.
1. If I’ve never been in trouble before, what should I know on day one?
People who have never dealt with the justice system are at the greatest disadvantage. If law enforcement has contacted you, call an attorney right away. Understand your rights, and don’t make any statements or consent to any searches until you’ve spoken with a lawyer.
Anything you say can be used against you. Choosing to stay silent and ask for a lawyer is your right. If it ever makes sense to give a statement, I’ll arrange it after a thorough review of the investigation, and often with proffer protections in place. In the average case, though, talking doesn’t help, and those same statements often end up being used against the person who made them.
So for anyone who has never been in trouble before, the first step after any contact with investigators or an arrest is to call trusted, experienced counsel immediately. (See our page for first-time offenders.)
2. If I call a lawyer before I’m charged, won’t that make me look guilty?
I’ve heard this concern countless times over my career. People ask, “If I hire an attorney, won’t they think I’m guilty?”
The reality is that if the same investigators, or their own family members, were contacted by law enforcement, their first move would be to call an attorney. They know how the system works.
Hiring trusted counsel doesn’t make anyone guilty. Your right to an attorney is enshrined in the United States Constitution, and prosecutors, law enforcement, and judges expect people to use it.
Trying to handle an investigation, or the logistics of a possible arrest, without experienced counsel can lead to serious consequences that otherwise wouldn’t exist. People make statements that are later used against them. People try to navigate the system on their own and head in the wrong direction.
If any statement, consent, or cooperation is going to happen, that decision should come only after talking with a lawyer. Your lawyer can communicate with investigators on your behalf, learn what the investigation is about, and gather as much information as possible before advising you. Keep in mind that law enforcement isn’t always required to be honest with you during an investigation.
An experienced attorney is outside the situation and can look at it objectively, weigh the risks and benefits of each decision, and guide you through the process. I’ve represented many professionals, including lawyers and doctors. When you’re the subject or target of an investigation, it’s nearly impossible to stay objective. Fear, emotion, and stress cloud your judgment. Trusted counsel is in a much better position to evaluate your situation.
3. What does a defense lawyer actually do in the first week of a case?
Every case comes with different facts, different allegations, and different people involved, so every approach has to be tailored to that specific situation.
My starting point is gathering as much information as possible from the client or the client’s family. I want to know how law enforcement made contact and what was said, along with the client’s history, background, and personal circumstances. The goal is to get a complete picture as quickly as possible.
From there, I contact the investigators or the prosecutor’s office to let them know I’ve been retained and that any further contact should come directly to me on my client’s behalf.
If the client has been arrested, I find out where they’re being held and contact the jail to learn when the first appearance will be. Then I prepare bond arguments so we can move quickly and work toward the best possible bond for the circumstances.
Every case is different, but I’ve been representing people in situations like these for more than 20 years. That experience helps me recognize what needs to be done and what needs to come first.
4. Is it embarrassing to tell my lawyer everything, even the bad parts? What happens to what I tell you?
Experienced criminal defense lawyers have seen and heard it all. A defense attorney isn’t there to judge anyone. The job is to make sure every one of your constitutional rights is protected.
For many people who have never been through the system, embarrassment is one of the biggest obstacles. They feel uncomfortable talking about what happened, even with their own lawyer. I’ve represented clients in countless criminal cases at the local, state, and federal level, and I have a great deal of experience talking with clients and families about sensitive matters.
It’s a lot like medical care. It can be uncomfortable to tell your doctor certain things, but the doctor isn’t there to judge you. The doctor is there to give you the best treatment possible. My role is the same. I’m not there to judge what may or may not have happened. I’m there to give my clients zealous representation, and that starts with them feeling comfortable enough to give me the whole picture.
During the initial consultation, I explain the attorney-client privilege so clients understand how privilege and confidentiality work when they speak with me. Knowing that up front helps people speak openly from the start.
5. How is a federal case different from a state case?
Federal and state cases are investigated differently, prosecuted differently, and governed by different laws.
Many people don’t realize they can be prosecuted at both the state and federal level for the same conduct. Double jeopardy often isn’t a barrier when the conduct violates both state and federal law.
Every court also runs a little differently, and some of those differences are bigger than others. That’s why it matters to have an attorney with experience in different types of courts and situations, who can adjust as the case moves through the process.
With many clients, one of the first questions is whether this is a federal or state investigation, and whether it will become a federal or state prosecution. Sometimes there’s overlap. After speaking with the investigators, I’m often able to determine very quickly whether a case is state or federal. (See our page on federal criminal defense in the Middle District of Florida.)
6. Will I lose my job, my professional license, or my reputation?
Whether someone is facing a DUI or a serious felony, the consequences can be significant. A case can bring a conviction on your record, probation, and possible jail or prison time.
Beyond the justice system, there are also collateral consequences. An allegation alone can put your job, your standing in the community, or your professional license at risk.
Arrests are public, and information spreads online. Even when a client is arrested and the case is dismissed soon after, the arrest and the publicity around it can still cause harm. Some employers will terminate a person simply for being arrested, even though that person is presumed innocent and no details of the case have been released.
That’s why collateral consequences are part of what I handle. I work with clients to put them in the best possible position with their employers and with professional licensing boards. (See our page on professional license defense.)
7. How do attorney fees work, and why do you offer free consultations?
I generally offer free initial consultations because that first conversation matters. It lets me understand the client’s circumstances, and it lets the client get to know me before either of us makes any commitment.
If it’s a case I’m prepared to take on and the client wants to move forward, we discuss the attorney fees for that case, and everything is set out in a written attorney fee agreement.
Every case has its own facts and circumstances, so fees depend on a number of factors. I understand that the fee conversation can be difficult, especially since nobody plans on being the subject of an investigation or an arrest. I help each client understand exactly what the fee will be in their specific case and why.
8. What’s something clients assume about the court system that turns out to be wrong?
It’s hard to pick just one, because there are so many misconceptions. Most of them come from movies and TV shows, where courtroom scenes are anything but realistic.
If I had to choose one, it’s that a criminal case is usually a marathon, not a sprint. The system can move very slowly, and there are many twists and turns while a case is pending.
That slower pace can actually work in the defendant’s favor. It gives time to review all of the available evidence and to build a defense strategy tailored to the specific issues in the case. It gives time to prepare arguments on any constitutional issues. And it gives time to prepare mitigation and to have meaningful discussions with prosecutors.
9. Why did you become a criminal defense lawyer, and what keeps you doing it?
To me, there’s no more important area of law. Many areas of law deal with property or money. In the criminal justice system, the stakes are extremely high, which is why it’s so important that the system works the way it should.
Having a criminal defense lawyer is a constitutional right, and everyone deserves representation when the government makes an allegation against them. When the power and resources of state and local governments, and especially the federal government, are brought against one person, that person needs qualified, competent, experienced, and often aggressive counsel to make sure an unjust result isn’t reached.
10. If someone reading this is scared right now, what would you want them to hear?
If you’re online searching for an attorney, that’s a good sign you need to talk with one. Searching the internet or asking AI chatbots isn’t the best way to handle a situation like this, and it can even create evidence that may be used against you. (See AI Chats and Prompts as Evidence.)
When there’s this much uncertainty and anxiety, the worst thing you can do is wait, or try to figure it out on your own. Instead, contact an experienced attorney who has guided countless people through this process and knows the steps to take to protect your constitutional rights.
Have a Question of Your Own? Let’s Talk.
If you are under investigation or have been charged with a crime in Tampa, Hillsborough County, Pinellas County, or federal court in the Middle District of Florida, contact Attorney Ron Frey of The Frey Law Firm, LLC. Your consultation is free and confidential. We can talk by phone, by video, or at our Tampa office, and when the situation calls for it, we can come to you.
Call or text (813) 775-2276, or call toll-free at (844) 766-3739. Rapid response, 24/7.
This post is for general information only. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship.
How the law applies depends on the facts of each case. Please don’t rely on this post, or any other information online, to make decisions about your situation. Talk with a lawyer.