10 Questions Every Defendant Should Ask Their Lawyer (Before It's Too Late)

Here's something nobody tells defendants: the quality of your questions determines the quality of your defense.

Most people hire a criminal defense attorney and then... go quiet. They wait. They trust. They assume the expensive lawyer is handling everything.

And sometimes they are. But sometimes they're not. And by the time you figure out which one it is, critical deadlines have passed, motions haven't been filed, and your options have narrowed to whatever plea deal the prosecutor feels like offering.

These 10 questions are designed to change that. They're not gotcha questions. They're the questions that elite defense attorneys wish their clients would ask — because it forces everyone to be on the same page.

Ask them early. Ask them often. Write down the answers.

Question 1: "What is your theory of defense?"

This is the most important question you will ever ask your attorney. And most defendants never ask it.

A theory of defense is the story your attorney is telling — to the prosecutor, to the judge, to a potential jury. It's the framework that everything else hangs on.

Good answers sound like:

• "We're arguing the stop was illegal because the officer had no reasonable suspicion"
• "The state's key witness has credibility problems we can exploit"
• "The chain of custody on the evidence is broken — we're filing a motion to suppress"

Bad answers sound like:

• "We're going to see what they offer"
• "It's too early to say"
• "Trust the process"

If your attorney can't articulate a theory of defense, they don't have one. And if they don't have one, they're not defending you — they're processing you.

Question 2: "Have you reviewed all of the discovery?"

Discovery is every piece of evidence the prosecution has — police reports, witness statements, lab results, body cam footage, phone records, surveillance video.

Your attorney should have received it, read every page, watched every video, and identified what helps you and what hurts you. This isn't optional. It's the foundation of everything.

Follow-up questions:

• Can I see the discovery?
• What did you find that helps our case?
• What's the strongest evidence against me?
• Is there anything missing that should be there?

If your attorney hasn't reviewed discovery or won't share it with you, that's a five-alarm fire. You have the right to see the evidence being used against you. Period.

Question 3: "What motions are you planning to file?"

Motions are how defense attorneys fight. They're formal requests to the court that can suppress evidence, dismiss charges, compel the prosecution to hand over information, or exclude unreliable testimony.

Common motions your attorney should at least be considering:

• Motion to Suppress — argues evidence was obtained illegally (bad search, bad stop, Miranda violation)
• Motion to Compel Discovery — forces the prosecution to hand over evidence they're sitting on
• Brady Motion — demands any evidence that could prove your innocence or help your defense
• Motion to Dismiss — argues the charges should be dropped entirely
• Daubert/Frye Motion — challenges the reliability of expert testimony or forensic evidence
• Motion in Limine — prevents prejudicial evidence from being shown to the jury

Not every motion applies to every case. But if your attorney says "we don't need any motions," ask them to explain why — specifically — each one doesn't apply.

Question 4: "What is the prosecution required to prove, element by element?"

Every criminal charge has elements — specific things the prosecution must prove beyond a reasonable doubt. If they can't prove even one element, they can't convict.

For example, a drug possession charge might require proof that:

1. A controlled substance existed
2. You knew it was there
3. You had control over it

If the drugs were found in a car with four people and the prosecution can't prove you knew they were there, element #2 fails. Your whole case might hinge on that one element.

Ask your attorney to walk you through each element and explain how the prosecution plans to prove it. Then ask: which element is weakest?

That's where your defense lives.

Question 5: "What is the worst realistic outcome, and what is the best?"

Not the theoretical maximum sentence. Not the minimum. The realistic range based on your specific facts, your jurisdiction, your judge, and your criminal history.

A good attorney knows:

• What sentences this particular judge typically gives
• What the standard plea offers look like for this type of charge
• What happens if you go to trial and lose vs. take a plea
• Whether programs exist (diversion, drug court, deferred adjudication) that could reduce or eliminate consequences

If your attorney can't give you a realistic range, they either haven't thought about it or they don't want to have an honest conversation. Neither is acceptable.

Question 6: "Have you spoken to the prosecutor about my case specifically?"

There's a difference between an attorney who shows up to court and an attorney who picks up the phone.

Negotiation happens in conversations — informal ones. Your attorney should be talking to the assigned prosecutor, understanding their position, identifying flexibility, and advocating for you outside the courtroom.

Ask:

• Who is the prosecutor assigned to my case?
• Have you spoken with them?
• What is their position?
• Is there room to negotiate?

If your attorney only interacts with the prosecution at scheduled court dates, they're not fighting for you. They're waiting.

Question 7: "What independent investigation have you done?"

The prosecution investigates. The police investigate. But your attorney should be investigating too.

That might mean:

• Visiting the scene of the alleged crime
• Interviewing witnesses (or hiring an investigator to do so)
• Reviewing surveillance footage from nearby businesses
• Checking the calibration records of breathalyzer equipment
• Examining the credentials of the prosecution's expert witnesses
• Looking for witnesses the police didn't talk to

If the only investigation was done by the people trying to convict you, your defense is built on their foundation. That's not a defense — that's accepting their narrative.

Question 8: "What are the weaknesses in the prosecution's case?"

Every case has weaknesses. Every single one. If your attorney says the prosecution has a "strong case" and leaves it there, push back.

Ask specifically:

• Are there credibility issues with any witnesses?
• Is any evidence potentially inadmissible?
• Are there gaps in the timeline?
• Did the police follow proper procedure at every step?
• Is the forensic evidence reliable?
• Are there any constitutional violations?

An attorney who can't identify a single weakness in the prosecution's case hasn't looked hard enough — or has already given up.

Question 9: "If we go to trial, what's your plan?"

Even if you end up taking a plea deal, your attorney should have a trial strategy. Here's why: the strength of your plea negotiation is directly tied to the prosecution's fear of losing at trial.

If your attorney has no trial plan, the prosecutor knows it. And they'll offer you the worst deal they can get away with because there's no threat.

Ask:

• What witnesses would we call?
• How would you cross-examine their key witnesses?
• What exhibits or evidence would we present?
• What's our jury strategy?
• How long would a trial take?

You don't need a 50-page trial brief. You need to know your attorney has thought about it.

Question 10: "What should I be doing right now to help my case?"

This is the question that separates defendants who get good outcomes from defendants who get processed through the system.

There are almost always things you can do:

• Gather character reference letters
• Complete a treatment program before sentencing
• Maintain employment and stability
• Avoid any new legal issues
• Document compliance with all conditions
• Write a personal statement for the court

A good attorney will give you a specific list. A bad attorney will say "just stay out of trouble." That's not a strategy — that's a platitude.

How to Ask These Questions

Don't ambush your attorney. Send the questions in advance via email: "I'd like to schedule a case review. Here are the topics I want to discuss."

This does three things:

1. Gives them time to prepare real answers
2. Creates a written record of your request
3. Signals that you're an engaged, informed client

If your attorney refuses to schedule a case review or dismisses your questions, that tells you everything you need to know.

What If the Answers Aren't Good Enough?

Document the conversation. Compare what they say to what's actually happening in your case. If there's a gap between promises and reality, put your concerns in writing.

And if you need someone to help you figure out whether the answers make sense — someone who can look at your discovery, analyze what's been filed, and tell you what questions to ask next — that's exactly what we do.

We're not attorneys. We don't give legal advice. But we research your case like our freedom depends on it — because yours does.

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This is legal information, not legal advice. We are not attorneys and do not provide legal representation. We provide research, analysis, and questions to help you work more effectively with your attorney.