The economics of criminal defense

The economy is slumping.  We just learned that we are in a recession, and in fact, we have been for a while now.  People are out of work.  Plants are closing and companies are folding.  (Hell, Circuit City opened a new store and then closed it within the same month a few miles from my house.)  The future is bleak.  

What does this have to do with criminal defense?  Potentially, quite a lot.  There is a general feeling that when times are hard economically, crime rates go up.  Generally, from a purely economic perspective, that would seem like a good thing for the criminal defense practitioner.  But when the economy is really bad, doesn't that mean people have no money?  If they have no money, doesn't that mean they can't afford quality representation?  Yes, and no.

Economies are cyclical.  That is, the good times and the bad times come and go.  Being a criminal defendant is hopefully not cyclical.  Hopefully, being a criminal defendant is only going to last long enough to either clear your name or resolve your case in a way you can live with.  However, if you choose your representation based solely on economics, you might well find yourself in another situation.  Incarcerated.  Perhaps for a very, very long time.  

This can be especially true around the holidays.  Too many times, I get a phone call from someone after the holidays that has put off hiring an attorney until after the holidays so they can use their pre-holiday money for presents.  I certainly applaud the effort to ensure the kids or significant other have a memorable holiday season, but what's more important?  A new Wii for the kids, or seeing the kids for Christmas during the next twenty years?

Too many times I see people that wait too long to hire an attorney.  For whatever the reason (many times it's money) the person puts their future attorney in a bind because the person doesn't give their attorney the time he or she needs to successfully defend them.  Mounting a defense to a criminal charge takes time.  It takes effort.  Waiting until the last possible moment to begin the defense is really not the best move.

There are times in life when choices have to be made.  Generally, those are not the best times in our lives.  Being a criminal defendant in a "recession" is one of those times.  Making the wrong decision at this time, can result in potentially life-altering consequences.  

It is never a good decision to postpone a potentially life-altering decision for economic reasons.  If you are charged with a crime,  get representation early.  Don't worry about this holiday season or this recession.  After all, if you screw up this decision, you won't have to worry about the next holiday season or recession at all.  

But what the hell do I know?

Comments

[Mark Bennett]

Aside from the possibility of incarceration, a less-than-ideal outcome in a criminal case will probably make it harder for the accused to get or keep a job in tough economic times. Skimping on a lawyer is penny-wise and pound-foolish.

[Glen R. Graham]

People,including attorneys, make their worst decisions during times of economic distress. People make bad or poor decisions while under stress. Criminal lawyers take cases they should not have taken. Some people hiring a lawyer because he costs less only to find out later that he costs less because he is not any good or he does not fight the case or he does not try hard enough to get the best possible out-come on the case. One of the basic truths in life is that you usually get about what you pay for and if you want someone to really work hard, you have to pay them accordingly. While it may be true that the best things in life are free, a good criminal defense is not free. It simply costs more to hire the best criminal defense lawyer and that is just the way it is. A good criminal defense lawyer knows how to say no. Saying no cannot and does not hurt you. Saying yes can be the biggest mistake you ever made. Time and time again I have had some guy come to my office and tell me that they could give me only a small amount of money and I would have to tell them that they should call me when they had the money. I explained that I am not a bank nor a credit union and that we could ask the Judge to pass the case so they could hire me but that I would require the retainer fee to get started. Some people have credit cards or relatives that will pay the retainer fee but only if it is required. Saying "no" is not a mistake. Some people simply cannot afford a good criminal defense lawyer and they have to buy what they can afford. Some people cannot afford a lawyer to fight the case and unless someone explains the difference to them and why they should pay a lawyer to fight. Some lawyers have low self esteem and that is too bad. You are only as good as you believe you are and if you do not believe you are any good then why should anyone else? If you would not hire yourself as a lawyer, then why should your client? Lawyers and clients make the worst decisions during times of economic distress. You have to believe in yourself and you have to believe in your services in order for the client to believe in you. I know that you, Michael Shawn Matlock, are one of the Best Fort Worth or Dallas Criminal Defense Lawyers and that you can win. Don't lower your standards, say "no" to people who cannot afford you or pass the case until they have the money. You should accept credit cards if you don't because your local bank can set it up for you. Win one and pass along the secrets. The world is reading your thoughts.
Sincerely, Glen R. Graham

[Mark Bennett]

That's a long comment, Glen. You could have made it a blog post.

[Glen R. Graham]

You are right, Mark, but I knew the "world" would read it if I posted it here. Smile.

[Shawn Matlock]

Mark, I completely agree. There are few decisions in life that can potentially alter the entire rest of you life more than choosing the wrong defense attorney, especially for the wrong reasons.

Glen, thanks for the compliment. I agree that there are too many attorneys that are unfortunately willing to take a case to make next month's rent, or worse yet, this month's. When the decision to hire or represent is made for economic reasons, I truly believe the best result will never be obtained.

[Health News]

I can't believe how much of this I just wasn't aware of. Thank you for bringing more information to this topic for me. I'm truly grateful and really impressed.