7 Essential Questions to Ask When Choosing a Local Criminal Law Attorney

If you or someone in your family was just arrested in San Antonio, you are probably searching for a lawyer with a phone in one hand and a lot of fear in the other. Every firm says the same things. This guide gives you a way to cut through that: what to do in the first 24 hours, what a defense lawyer should actually be doing for you, seven questions that force real answers, and how to check those answers yourself.

If you need a lawyer today: the first 24 hours

The first day sets the course for bond, for evidence, and for how much control you keep over your own case. Before you compare lawyers, protect the case.

Protect yourself (or tell your family member to)

• Ask for a lawyer and stop talking. Say "I want a lawyer" and do not answer questions about what happened. Basic booking questions are routine. Explaining your side is not.
• Do not consent to searches. Politely refuse to consent to a search of your car, phone or home. Do not physically resist.
• Do not sign statements or anything you do not understand.
• Stay off social media and do not contact the other people involved. Posts and messages can be used as evidence.

Gather what a lawyer needs to act

• Full legal name and date of birth of the person arrested
• Booking or inmate number, arresting agency, and where they are being held
• The exact charge as written on the paperwork, plus any case or citation number
• Officer names and badge numbers, if known
• Photos, videos, texts and the names and phone numbers of anyone who saw what happened
• Medical records, if anyone was hurt

Pick one trusted family member or friend to hold this information and coordinate calls and bond.

What happens next

Texas law requires that a person who is arrested be taken before a magistrate within 48 hours. The magistrate explains the charge, sets bond and conditions, and tells you about your right to a court-appointed lawyer if you cannot afford one. Weekends and holidays can affect the timing.

A private lawyer hired early can start on bond, send preservation requests for body camera, dash camera and surveillance video before it is overwritten, and get in front of the case before the first court setting. If money is the barrier, ask for appointed counsel at the magistrate hearing. Our guide on private lawyers vs. public defenders explains that choice honestly.

How fast do you have to decide?

If the case carries jail risk, a family violence or weapon allegation, immigration consequences or child custody issues, hire now. For a lower-risk misdemeanor where the person is already out on bond, you can take a day or two to compare lawyers. Either way, preserve evidence and stay quiet while you decide.

What a criminal defense lawyer actually does

Knowing the job helps you judge who will do it well. A defense lawyer's work runs through every stage of the case:

• Arrest and bond: advising you on your rights, confirming booking details, arguing for reasonable bond and conditions, and handling warrants or a planned surrender.
• Evidence: sending preservation letters, requesting discovery from the prosecutor, and investigating with photos, records and witness interviews while memories are fresh.
• Pretrial motions: challenging the stop, the search or the statements when the law supports it.
• Negotiation: working toward a dismissal, reduced charge, diversion or deferred adjudication when that serves you.
• Trial: picking a jury, cross-examining witnesses and putting the State to its burden of proof.
• Sentencing and after: presenting mitigation, and advising on probation, appeals, and record-clearing options such as expunction and nondisclosure.

The early work matters most. Plea talks go better when the defense already knows what the evidence shows. A lawyer whose only plan is to "see what the DA offers" is starting from behind.

The 7 questions to ask any criminal defense lawyer

Ask every lawyer the same questions so you can compare answers side by side. Good answers are specific. Vague answers are information too.

1. How much of your practice is criminal defense, and how often are you in Bexar County courts?

Criminal defense is its own field. A lawyer who mostly handles divorces or injury claims and takes the occasional criminal case is not the same as one who is in the Bexar County courthouse every week. Ask what share of their work is criminal defense, how many cases like yours they have handled, and which courts they appear in regularly.

Local practice matters because courts are run by people. A lawyer who regularly appears in front of Bexar County judges and prosecutors knows how dockets move, which programs are available, and what is realistic for your charge. That knowledge shapes timing, motions and negotiations.

Also ask about trial experience. Many cases resolve without a trial, but prosecutors know which defense lawyers are ready to try a case and which are not.

2. Who will actually handle my case and stand next to me in court?

This may be the most important question on the list. At some firms, the lawyer you meet in the consultation is not the lawyer who shows up at your court settings. Ask by name who will appear at every setting, who will negotiate with the prosecutor, and who will try the case if it goes to trial. If the answer is "someone on our team," ask who, and ask about their experience. More on this in the solo-versus-big-firm section below.

3. What will you do in the first week if I hire you?

Listen for named actions: filing a notice of appearance, sending preservation letters for video, requesting discovery, addressing bond conditions, contacting witnesses. A lawyer who can lay out the first steps in a few sentences has done this before. "We'll investigate" is not a plan.

4. How do you decide whether to negotiate or go to trial?

There is no single right answer, but there should be a real one. A good lawyer explains the decision points: what the evidence looks like, whether there are grounds for a motion to suppress, what the likely offers are, and what your risk looks like at trial. The final decision on a plea is always yours.

No lawyer can honestly guarantee a dismissal or an acquittal. A promised outcome in a first meeting is a red flag, not a selling point. What a lawyer can promise is the work.

5. What will this cost, and what is not included?

Criminal defense fees are usually a flat fee for a defined scope or an hourly rate billed against a retainer, sometimes a mix of both. Payment plans may be available. Ask:

• What does the fee cover: through a plea, through pretrial motions, through trial?
• What costs extra: investigators, expert witnesses, lab testing, transcripts?
• Is any part of the fee refundable if the case ends early?
• Will I get a written fee agreement before I pay?

Get it in writing. A low number that leaves out trial or investigation can cost more in the end. For more on pricing, see when to hire a local attorney and what it costs.

6. How will we communicate, and how fast will you get back to me?

Silence is what clients complain about most. Ask who your contact is, how to reach them, how quickly they typically return calls, and how you will hear about court dates and offers. If you or your family are more comfortable in Spanish, ask who will speak with you in Spanish and whether that person is the lawyer or a staff member. A short conversation about the case in Spanish will tell you more than a line on a website.

7. What could make my case more serious than it looks?

A strong lawyer looks past the charge on the paperwork. Prior convictions can enhance a charge. Some offenses carry consequences beyond jail or fines, including driver's license suspension, firearm restrictions, professional license issues, and immigration consequences for non-citizens. Some cases can turn federal. Tell the lawyer about anything that matters to your life, such as your job, your license, your status or your kids, and ask how it changes the strategy. If immigration status is in play, ask whether they will work with an immigration attorney.

Check the answers yourself

Marketing is easy. Verification takes ten minutes.

• State Bar of Texas: use the Find a Lawyer search on texasbar.com to confirm the lawyer is licensed, in good standing, and to see any public discipline. It also shows whether the lawyer is board certified.
• Bexar County court records: public case search tools can show whether a lawyer actually appears on criminal cases in the county.
• Background: ask where the lawyer's experience comes from. Time as a prosecutor, a judge or in law enforcement gives a lawyer a view of how the other side builds and evaluates a case.
• Reviews: read them for patterns about communication and responsiveness, not for star counts. Do not hire on ratings or ad placement alone.

Why bigger is not always better: solo practice vs. a large firm

Search results for criminal lawyers in San Antonio are full of firms with many attorneys, polished photos and hundreds of reviews. Size can mean resources. It can also mean your case gets handed down the line.

Here is how it often goes. You call, you speak with a senior lawyer with an impressive history, you feel better, and you pay the retainer. Then your court date comes. You sit in the courtroom at the courthouse on Dolorosa and wait for the lawyer whose face is all over the website. Instead, someone you have never met calls your name. The lawyer who signed you up may not be the one who goes to court.

That is not true of every larger firm, and newer lawyers can be capable. But you should know who you are hiring before you pay.

What a solo practice offers

• The lawyer you meet is the lawyer who handles your case and appears with you in court.
• You have direct access to the person making decisions about your defense.
• Strategy stays consistent because the same person handles the case from start to finish.

The honest trade-offs

• A solo lawyer has a smaller staff, so ask how calls and emails are handled when they are in court.
• Investigators and expert witnesses are usually brought in as needed rather than kept on staff, so ask how that works and what it costs.
• A solo lawyer can only take on so many cases at once, so ask about availability for your court dates.

Brian Powers Law is a solo practice. When you hire the firm, Brian T. Powers handles your case himself. He is a former felony prosecutor, former magistrate judge and former police officer, so he has seen criminal cases from the arrest, the bench and the prosecution table before defending them.

Red flags

• Guarantees about the outcome
• Pressure to sign and pay before your questions are answered
• No clear answer about who will appear in court
• No written fee agreement, or vague answers about what the fee covers
• Little or no regular criminal practice in Bexar County
• Slow or no response before you have even hired them

Quick answers

Do I need a lawyer for a misdemeanor?

You are not required to have one, but even a misdemeanor conviction can follow you on background checks for years. A lawyer can often find options such as dismissal, diversion or deferred adjudication that protect your record, job and license.

What if I cannot afford a private lawyer?

Ask for a court-appointed lawyer at your first appearance before the magistrate, and do it right away. See our guide to private lawyers vs. public defenders.

What should I do before the first meeting?

Write a one-page timeline, gather your paperwork, and list your questions. Our guide on what to expect from a free consultation walks through exactly what to bring.

Talk to the lawyer who will handle your case

Brian Powers Law offers a free consultation for criminal charges in San Antonio and Bexar County. Bring your paperwork and these seven questions, and you will get straight answers from the lawyer who will actually stand next to you in court. Call (210) 222-9446 or contact the office. You can also review the criminal defense services the firm handles.