When hiring an attorney, a client should be very clear on what exactly the attorney is going to do for the client.  The Scope of Representation explains the details of the service the attorney is providing for his or her fee.  The Scope of Representation should be in writing and clear.  In a criminal case, there are many stages to the case.  A prospective client should ensure that the the Scope of Representation covers all the stages that the client is paying for.  If any stage of the case is not in the Scope of Representation, that should be clearly noted in writing.

Burges McCowan always provides a written fee agreement when a client hires him.  It will be clear about the fee and what that fee is paying for.

Most criminal defense attorneys in Arizona charge a Flat Fee. This means the client pays one fee instead of paying for each hour the attorney spends on the case.  The benefit of this method is the client knows how much the case will cost at the beginning and does not have to worry about an attorney hitting him with a large bill later.  The amount of the Flat Fee can vary greatly and depends on the nature of the case and the experience of the attorney.  Generally, someone fresh out of law school will charge less than someone with many years of experience.

Burges McCowan is an experience criminal defense attorney and not someone fresh out of law school. He charges a Flat Fee for his services, but the details of that fee can be discussed with him during the free consultation.

A Flat Fee is generally not refundable.  You are paying for the attorney to handle your case, not for the amount of time the attorney spends on your case.  Also, Arizona State Bar rules prohibit an attorney from promising a particular result.  Therefore, there cannot be any sort of money-back guarantee. However, if you or the attorney end the client-attorney relationship before the job is done (see: Scope of Representation), the client may be entitled to a refund.  In such an instance, the attorney adds up all the time spent on the case and applies his or her hourly rate. If there is any money left over, that is refunded to the client.

In the beginning of the case, the judge is neutral and serves to make sure the case is progressing in a timely fashion.  The judge does not decide if the case should be dismissed.  The judge does not know the details of the case, aside from what the attorneys tell the judge. The judge does not research the facts on the case.

If there is a dispute between the attorneys regarding the case (e.g. discovery), the judge will help settle the dispute.  The judge will also keep the calendar for the case and make sure the parties are not unnecessarily delaying.  Sometimes a judge will need to issue orders to move the case along.

Sometimes in a case the parties might disagree about a point in the law.  When that happens they will file motions with the court and the judge will read the motions, hear oral argument, and decide the legal issue.

If the case settles with a plea agreement, the judge will review the agreement to make sure it is legally correct.  The judge will also review the agreement with the defendant to make sure the defendant understands the agreement and voluntarily agrees to enter the agreement.

If the case goes to trial, the judge will maintain neutrality and oversee the selection of the jury.  The judge will watch the trial along with the jury and swear in each witness that appears to testify in the case.  If there is an objection to evidence presented in the trial, the judge will decide if it comes in or not.

If the defendant is found guilty, either by trial or plea, the judge will then decide the sentence.  The judge has to follow guidelines and cannot sentence anyway he or she chooses.  But sometimes the judge does have a lot of leeway in sentencing.  The judge will listen to the prosecutor, the defense attorney, the defendant, and any family or victims that want to speak.  Then the judge will announce the sentence.