Jim DePasquale, a Pittsburgh-based criminal defense lawyer with over 25 years of criminal law experience, provides an inside look at the life of a criminal defense lawyer.
1. How did you get into the field of criminal defense?
I was always interested in trying cases. During my last two years of law school I worked as a paid intern in the district attorney’s office. Once I became a lawyer, I went into private practice and started doing court appointments and getting referrals for criminal cases.
2. What types of criminal defense matters do you handle?
My first criminal trial was an arson case. I handle about 2 homicide cases a year. I’ve done a dozen or so death penalty cases over the last 25 years. I’ve done hundreds of drug cases as well as white collar crime. I’ve handled thousands of DUIs [driving under the influence] and a handful of sex crimes over the years. I handle misdemeanors and felonies.
3. What do you enjoy most about practicing criminal defense?
It’s always amazing and a great reward when you are able to work out a great deal for a client you thought was buried because you didn’t have a defense.
I’ve found that there is more humanity in the criminal division. People - judges, prosecutors, defense attorneys – have more of a sense of humor in criminal than in civil cases. Sometimes the crimes are so horrendous there’s nothing funny about it. Other times you can’t help but laugh because of sheer stupidity of the crime.
In criminal defense work it is rewarding to help someone. Just this morning I had a client whose father paid me to represent him. He was serving a two to five-year drug sentence but was released after 4 years and sent to a halfway house. He went home on furlough and took drugs. When he didn’t return to the halfway house he was charged with escape. I got the escape charge dropped (he must serve the remainder of his sentence but no other time will be added on). The client and his father were very happy. Even the state trooper thought that it was the best solution.
3. What are the challenges of practicing criminal defense law?
You have to analyze each case to figure out whether you’re going to try it or attempt to work it out. Your client’s freedom is on the line along with his financial viability. You must recognize whether it’s a case to take to trial and win or whether you should meet with the district attorney’s office and police officer and work something out so client can continue to live his life in an unscathed fashion.
4. Describe a typical day as a criminal defense lawyer.
You may be doing a preliminary hearing in the morning. You might have one or two cases actually in court. You could be doing a suppression motion on one case, a plea bargain in another and a non-jury trial or jury trial. The gamut of cases run from drunken driving to high-end drug dealing cases to homicide cases.
Most criminal cases don’t go to trial, they are settled by plea arrangement. However, I do spend a lot of time in court, taking depositions and arguing motions before a judge. You still have to use your skills as a trial attorney, spend time with expert witness and take depositions.
5. What do criminal defense lawyers typically earn?
Income varies – you get paid in criminal law based upon what the client can afford to pay you. If you are tapped into a network of clients making serious money committing crimes you can make a lot of money in criminal law. However, there is not big money in criminal work for most attorneys because most people arrested for crimes don’t have the disposable income to pay attorneys. The most you can get from a client is what he can afford to pay you.
90% of my income comes from civil cases but 90% of the enjoyment comes from criminal cases.
A simple rule of thumb in criminal law is to get paid up front before you enter your appearance in the case. Many of my most lucrative cases were drug cases where the client could afford to pay big money. The stakes were high and the client could afford high fees.
In addition to private pay clients a lot of attorneys take criminal appointments. This type of work generally pays less than private clients. Federal court appointments pay more than state court.
