The Significance of Experience: Why Your Defense Lawyer’s Track Record Matters

Many clients seeking a criminal defense attorney rely on recommendations from friends and family, even if the attorney they recommend isn’t focused on criminal defense or rarely handles cases like theirs. Others ask the defense attorney about their track record, but in a very narrow way, such as “What percentage of your cases do you win?”

To choose the right criminal lawyer for your case, you’ll need to know a lot more than that.

If you’ve been charged with a crime, there’s a lot at stake — perhaps more than you know. In addition to direct penalties and conditions such as jail time, fines, probation, community service, and restitution, a criminal conviction can have serious indirect consequences. Depending on the crime you’re charged with and the outcome of your case, you might also face consequences such as limitations on job prospects and options for living space. The prosecution isn’t required to warn you about those indirect consequences, but an experienced local criminal defense lawyer will — and they’re your best source for understanding the full scope of what you’re facing.

What You Should Know About Your Criminal Defense Attorney

Your defense lawyer’s track record matters in more ways than you may imagine. You can view some of Attorney J. Todd Mitchell’s recent case results here, and see what former clients have said about working with him on our testimonials page. Below are some of the key reasons why experience and focus matter when choosing a criminal defense attorney.

Criminal Defense is Different from Civil Law

Many attorneys handle a wide range of cases, both civil and criminal. But covering a lot of ground means less consistent experience and less time spent specifically on criminal defense. That’s important because the rules of procedure are different, the burden of proof is different, and the strategies for preparing and trying your case are different. The lawyer who handled your neighbor’s divorce or filed bankruptcy for a co-worker may have been great, but that doesn’t mean they have the specific knowledge and experience you are looking for in a criminal case.

J. Todd Mitchell has focused his career on criminal defense, and has deep knowledge of the substantive law, procedural requirements, and local criminal court systems in Augusta.

Different Judges and Prosecutors are Different

When it comes to negotiating a plea agreement, persuading a prosecutor to offer a pre-trial diversion, arguing a motion, or even trying a criminal case, knowing the players can make all the difference. A criminal defense attorney who is experienced in the local court system will know the strengths and weaknesses of the prosecution, the arguments the prosecutor and judge will find most persuasive, and how to most effectively present evidence and arguments.

Successful Negotiation Requires Knowledge and Investigation

When you think about a criminal attorney negotiating a plea agreement with a prosecutor, you may think of it as a simple discussion. But successful negotiations require that your attorney be well armed. The “arms” a criminal defense attorney carries into negotiation are deep knowledge of the law, weaknesses they have identified in the prosecution’s case, knowledge of how the judge in the case typically handles cases like yours, and evidence they have gathered to create reasonable doubt.

It takes specific experience to know how to gather the right type of evidence and ensure that it is admissible in court, to recognize small red flags that signal further investigation is required for some aspect of the case, and to recognize when there may be grounds to suppress certain evidence.

The Prosecutor Must Know Your Attorney Is Prepared to Go to Trial

Most Augusta criminal cases are resolved with a plea agreement. Often, that’s the best result for the defendant. However, negotiating a successful plea agreement requires leverage. If the prosecutor knows or suspects that your criminal defense attorney is ultimately unwilling or unprepared to fight the charges against you in court, they have less incentive to offer you a better deal.

Unfortunately — and unexpectedly to many people outside the profession — many criminal lawyers in Augusta and around the country prefer not to take a case to trial. Attorney J. Todd Mitchell started his career in the public defender’s office, and has tried many criminal cases, ranging from misdemeanors to serious crimes such as rape and murder. He’s ready and willing to fight for you in the courtroom if that’s the best option for you.

Your Attorney Must Actually Be Prepared to Go to Trial

Even though most criminal cases are “pled out,” you shouldn’t assume that will be the best or only option for you, and you shouldn’t hire a criminal attorney who talks as if that’s the only option. The decision about whether to go to trial should always be based on what offers the best chance of the best outcome for you.

J. Todd Mitchell has been a criminal defense attorney in Augusta since shortly after leaving law school. He served as the Managing Attorney of the Felony and Appellate Division of the Augusta Public Defender’s Office, and has extensive experience in criminal courtrooms. 

What to Ask Your Criminal Defense Attorney

When you’re choosing an Augusta criminal defense attorney, you’ll want to ensure that your lawyer has the right type of experience for your case. The common question about wins and losses doesn’t necessarily yield that type of information, since most cases are resolved by plea agreement — in other words, don’t technically involve a win or a loss. Instead, ask your defense attorney questions like:

• What percentage of your practice is criminal defense law?
• How long have you been practicing criminal law?
• Have you handled cases involving the crime I am charged with?
• How often do you handle cases that are as serious as mine in terms of the classification of the crime and possible penalties?
• How do you decide whether to recommend a plea agreement or taking a case to trial?
• How many criminal cases have you tried before juries?
• How much of your criminal defense experience has been in the county and court where my charges are pending?
• How successful have you been in trying criminal cases?

The best way to get those questions answered is to schedule a consultation right now. Just call (706) 750-0501 or fill out our contact form to get started with a free consultation.