Questions to ask a defense attorney

Take this list to the first meeting and write down the answers. You will not need every question at once, and the lawyer may answer some before you ask.

If you are looking for a lawyer, the American Bar Association keeps a directory of lawyer referral services run by state and local bar associations. If your family member cannot afford one, the court can appoint a lawyer (U.S. Courts).

About the lawyer

• How many drug-death cases have you handled, and how did they end?
• Have you worked in this court, with these prosecutors and judges?
• Will you handle the case yourself, or will others in your office work on it?
• How will you keep us informed? What can you discuss with the family, and what should we not discuss with you?
• What will this cost, and what does that cover? Does it include trial, expert witnesses and an appeal?

About the charge

• Is this a federal case or a state case? Could it move from one to the other?
• Exactly what is my family member charged with?
• Does the charge carry a mandatory minimum sentence? (What mandatory minimums mean)
• Is the prosecution saying the drugs caused the death, and what would it take to prove that?

About the evidence

• How will the prosecution try to show that this drug caused the death? The Supreme Court has said that, in federal cases, the drug generally has to be more than a contributing factor (Burrage v. United States).
• What did the autopsy and toxicology reports find? Were other drugs or medical conditions involved?
• Do we need our own experts — a toxicologist, a medical examiner, an addiction specialist?
• What evidence comes from phones, messages and social media?
• Does how the drugs were obtained — bought together, shared, passed on — make a difference here?

About plea offers and sentencing

• If a plea is offered, to what charge, and what sentence range would follow?
• What is likely to happen if the case goes to trial instead?
• Is cooperation being discussed? What would it involve, and what are the risks?
• What can the family do to help at sentencing — letters, records, people who could speak?
• Would my family member’s addiction, treatment history or medical records matter?

About custody and the months ahead

• Will my family member be held until trial? What can we do for the detention hearing?
• Are calls and messages from jail recorded? What should we avoid saying?
• How long is this likely to take, and what are the next steps?
• How can we reach you, and how quickly should we expect a reply?