How to Know If Your Criminal Defense Attorney Is Actually Working Your Case

Signs your attorney isn't working your case: no motions filed, no discovery review discussion, weeks without communication, inability to answer case-specific questions, and pushing a plea without explaining alternatives.

You hired a criminal defense attorney. You paid the retainer — probably somewhere between $5,000 and $25,000 depending on your charges. And now... silence.

No updates. No strategy calls. Just a vague "we're working on it" every time you manage to get someone on the phone.

Here's the question nobody wants to ask: Is your attorney actually doing anything?

Because here's the dirty truth about criminal defense: some attorneys take on way too many cases. Some collect the retainer and coast until the plea offer lands. And some are genuinely working hard but terrible at communicating.

The problem is, from where you're sitting, all three look exactly the same.

So let's fix that. Here's how to tell what's actually happening with your case.

What a Working Attorney Actually Does

Before we talk about red flags, you need to know what good looks like. A criminal defense attorney who's actually working your case should be doing some version of these things:

Within the First 2 Weeks

• Obtained discovery from the prosecution (or filed a demand for it)
• Reviewed the charging documents and identified potential issues
• Had an initial strategy conversation with you about the charges, possible defenses, and realistic outcomes
• Entered an appearance with the court

Within the First Month

• Reviewed discovery thoroughly — not just skimmed it, actually read the police reports, lab results, witness statements
• Identified suppression issues — was the stop legal? Was the search valid? Were your Miranda rights respected?
• Communicated a preliminary strategy — even if it's "here's what I'm looking at, I need more time"
• Filed any time-sensitive motions — some deadlines are early and missing them is malpractice

Ongoing

• Filed relevant motions — suppression, discovery demands, motions to compel if the prosecution is dragging
• Investigated independently — talked to witnesses, visited the scene, reviewed body cam footage
• Negotiated with the prosecution — explored plea options (if appropriate) while preparing for trial
• Kept you informed — you should never be surprised by anything that happens in court

We break down exactly how often your attorney should be communicating at each stage.

If none of this is happening, you have a problem.

The Red Flags

1. You Can't Get a Return Call Within 48 Hours

Attorneys are busy. That's real. But if you consistently can't get a callback within two business days, something is wrong. You're not asking for 24/7 availability — you're asking for basic professional communication. Read our full guide on what to do when your attorney won't return your calls.

If this sounds familiar, you may want to read when it's time to fire your lawyer.

What to do: Send a written communication (email or letter) documenting your attempts to reach them. Write: "I've called on [dates] and have not received a response. Please update me on the status of my case by [date]." This creates a paper trail.

2. They Can't Tell You What Motions They've Filed

Ask your attorney: "What motions have you filed in my case?" If they stumble, get vague, or say "we're not there yet" six months into your case — that's a problem.

Every criminal case has potential motions. Suppression motions. Discovery motions. Motions to dismiss. If your attorney hasn't filed a single motion and can't explain why, they may not be working your case.

3. They Haven't Reviewed Discovery With You

Discovery is the evidence the prosecution plans to use against you. You have a right to see it. Your attorney should have shared it with you and walked you through what it means.

If your attorney says things like "don't worry about the discovery" or "you don't need to see that," that's a massive red flag. You are the one facing charges. You have every right to understand the evidence.

4. They Push the Plea Deal Without Explaining Alternatives

"Just take the deal" is not legal strategy. It's laziness. Before you accept anything, read how to evaluate a plea deal.

A good attorney presents the plea offer, explains the pros and cons, discusses what happens if you go to trial, and lets you make an informed decision. A bad attorney pressures you to plead because it's less work for them.

Questions to ask:

• What are my chances at trial?
• What specific weaknesses exist in the prosecution's case?
• Have you investigated any defenses?
• What would you recommend if this were your family member?

5. They Don't Know Basic Facts About Your Case

If your attorney mixes up your charges, confuses you with another client, or doesn't remember key facts you've told them — they have too many cases and yours isn't getting attention.

6. Nothing Happens Between Court Dates

Court dates are just checkpoints. The real work happens between them — investigation, motion drafting, witness interviews, legal research. If the only activity on your case is showing up to court and asking for a continuance, your attorney is not working.

7. Every Court Date is a Continuance

One or two continuances can be strategic. Five or six continuances with no explanation? Your attorney is stalling because they haven't done the work. Ask directly: "Why do we need another continuance? What work has been done since the last one?" If this pattern sounds familiar, read why your criminal case might be taking so long.

What to Do If You See Red Flags

Step 1: Document Everything

Write down every attempt to contact your attorney. Save emails. Note dates and times of calls. Keep a log of what was promised vs. what was delivered.

Step 2: Put It in Writing

Send your attorney a letter or email asking specific questions:

• What is the current status of my case?
• What motions have been filed?
• Have you reviewed all discovery?
• What is your strategy going forward?
• When can we schedule a case review meeting?

A professional attorney will respond substantively. An attorney who's been coasting will either ignore it or give you fluff. If you're hitting a wall, you may need to file a bar complaint.

Step 3: Request Your File

You have a right to your case file. If you're considering a change, request copies of everything — discovery, motions filed, correspondence with the prosecution, court filings.

Step 4: Get a Second Opinion

This is where most defendants get stuck. Other attorneys typically won't review your case while you have current counsel. That's the unwritten rule of the profession.

But you deserve to know if your attorney is doing their job. That's exactly what we do — we review your case, analyze what's been done (and what hasn't), and give you the questions to ask.

Timeline Reality Check

Different cases move at different speeds. Here's what's roughly normal:

| Case Type | Typical Timeline | Red Flag If... | |-----------|-----------------|----------------| | Misdemeanor | 2-6 months | No resolution after 6 months with no motions filed | | Felony (state) | 6-18 months | No discovery reviewed after 3 months | | Felony (federal) | 12-24 months | No motions filed after 6 months | | DUI | 3-6 months | No challenge to the stop or test after 2 months |

These are rough guides. Complex cases take longer. But if your timeline is way outside these ranges and your attorney can't explain why, ask questions.

The Bottom Line

Your attorney works for you. Not the other way around. You're paying them to defend your freedom, and you have every right to know what they're doing with your money and your life.

If you're reading this article, something already feels off. Trust that instinct. Ask the hard questions. Document everything. And if you're not getting answers, it might be time to get someone else to look at your case.

Want a quick read on where things stand? Take the free Case Progress Score — 5 minutes to see what's been done, what's missing, and what to ask next.

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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.