What a Former Prosecutor Wants You to Know Before Hiring a Criminal Defense Attorney

Hiring the right attorney, especially a criminal defense attorney, is the single most important decision someone will make. It does not matter if you are charged with simple possession of marijuana or something as serious and life-changing as a murder or rape indictment — the attorney you pick is going to influence the outcome of your case more than any other decision.

That being said, there are a lot of attorneys out there who spend money on paid ads, have flashy billboards, or have an impressive website. Sometimes this is fine, and many qualified criminal defense attorneys have these things, but you have to look under the proverbial hood and do some research.

Watch Out for False Specialist Claims

If an attorney claims to be a “specialist,” ask them who granted their board certification. As of July 2026, there are only eight board-certified criminal trial attorneys in all of Ohio, including myself, so the chances that you're talking to a real specialist are slim. If an attorney tells you they are board certified or are a specialist, you can verify it here on the National Board of Trial Advocacy website.

Be Wary of Claims About “Friends” in the Courtroom

Another red flag is an attorney who makes bold claims about being friends with the judge and/or the prosecutor. As a former prosecutor, I can tell you that no actual friend of mine would make that claim. And even so, all ethical attorneys know the pressure you're under when searching for help and would never make promises that exploit your fear and anxiety.

Ask About Actual Trial Experience

Another warning sign is an attorney who can't quickly tell you the names of cases, like yours, that they have actually taken to trial. There are a lot of attorneys out there who take on cases and make bold promises, only to make you feel like you're being forced into a plea bargain you don't want.

A credible criminal attorney will be able to give you examples of cases they've taken to trial. Some cases are truly unique, and few attorneys have handled them in the past. For example, when my firm represented defendants in the January 6th cases, no one had really done that before, and we told potential clients that.

Don't Let Anyone Rush You Into Paying

The last thing to watch out for is an attorney who pushes you to pay immediately. You might find you have a good fit with an attorney and want to hire them — that's perfectly fine, and you should do that. However, you should avoid attorneys who pressure you into hiring on the spot. That's not a good sign.

When you call Patituce & Associates, it’s free to talk to us. We can discuss the details of your case, explain your options, and let you know how we can help. We’re available 24/7, so don’t wait to reach out.

About the Author

Joseph Patituce

Joe Patituce is the founder and Managing Partner of Patituce & Associates. He is a former prosecutor and one of only eight board-certified criminal trial specialists in the state. He has personally handled hundreds of trials and is widely recognized as one of Ohio's top criminal defense attorneys.

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