How Do You Know The Criminal Lawyer You
Want to Hire is Qualified?:
 Here are some Key
Questions:
What is your experience in this field?
I've been a Criminal Defense attorney in San Diego County since
1983 and have handled many types of criminal matters successfully
through trial.
Have you handled matters
like mine?
Most likely yes, just ask!
What are the possible
outcomes of my case?
I've been an Attorney since 1983. With that experiance, I'll be able
to give you a good idea of what to expect! Many cases resolve
without jail or the need to attend court.
What are my alternatives in
resolving the matter?
Many cases have alternatives to "Jail Time". I'm very experienced
in a variety of sentencing alternatives i.e. Work Furlough,
Electronic Bracelets, Drug Diversion and Drug Court.
Approximately how long will
it take to resolve?
In most Misdemeanor cases about 60-90 days unless you request a
jury trial, then about 120 days. This assumes you waive time for a
speedy trial in order to give me time to fully prepare.
In most Felony cases, first you go through the above misdemeanor
process in order to negotiate the case to resolution. If we can't
then the case goes to a preliminary hearing to determine if there
is probable cause to bind you over to the Superior Court. In
Superior Court, the case will continue for another 30-60 days in
another attempt to settle the case, if not, it goes to trial. If
the case settles, sentencing usually takes place in 30 days. We
prepare for sentencing to assure a minimal penalty.
When is the last time you
did a Jury Trial? What was the outcome?
There are a lot of lawyers out there that do not go to trial. This
is not good for you. Even if your case does not go to trial, the
District Attorneys office knows which lawyers are fighters and are
more likely to negotiate a reasonable resolution to your matter. I
go to trial regularly, see some of my current results.
Have you ever won an
illegal Search and Seizure Motion, Appeal or Writ of
Habeas Corpus?
Yes, many. Please request!
Have you ever been able to
save a persons license?
Yes, I have saved many first, second and repeat DUI drivers
licenses at the DMV hearing. I have won due to technical problems
with the DMV case and their lack of evidence, even "under 21"
cases.
How will you keep me
informed of the progress?
I have a full staff that assists me with telephonic e-mail and
written correspondence. I also expect my clients to meet in my
office for regular appointments as we prepare their case for court,
even on the weekends.
What kind of approach will
you take to resolve the matter?
I will always discuss ALL your options and defenses and will then
let you decide how far you want to go. I am an expert negotiator
and will aggressively fight you case through trial if
necessary.
Will you guarantee the
results of my case?
No, because it's unethical to do so; but I will work very hard to
assure a successful result in you case; and will put my terms into
a written contract and give you a copy of it upon request.
What are your rates and how
often will you bill me?
"A lawyer’s time and advice are his stock in
trade."
—Abraham Lincoln
Attorneys set fees in various ways. One method is to charge by the
hour. This rate is based upon his or her office overhead and other
costs of doing business, plus an amount which will reasonably
compensate for the attorney’s time, as well as his
experience, the difficulty of the case etc. per the ethical rules.
Fees on an hourly basis generally range from about $80.00 per hour
to over $200.00 per hour. Some attorneys will also charge a flat
fee, one price for the entire handling of a case. Others stagger or
stair step the fee depending on the extent of work needed. The
amount of the fee does not insure a first class job. In the final
analysis, quality of service should be your prime concern.
Attorney fees are negotiable and Mr. Duquette's fees are spelled
out in his written contract with the client. If the fee is
$1,000.00 or more, it must be in writing by law. Mr.
Duquette's fees are competitive and reasonable. Oftentimes a
payment plan is used.
I usually charge a flat rate for my services through each phase of
your case. My fees are always in writing.
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