You’ve likely just been charged with a crime, and now you’re searching for a Rhode Island criminal defense lawyer. But despite knowing that you need an attorney, you have no idea how to start narrowing down the options.
Let me be clear: not all Rhode Island criminal defense attorneys are the same. Some spend the majority of their time on civil matters. Others enlist a junior associate the moment you hire them. Either way, choosing the wrong attorney for your case costs you not just money, but your freedom and your future.
So, the 15 questions below are meant to serve as your filter, and are meant to be asked during every consultation. I’ve also included tips on red flags and green flags to watch for with each question. With this guide, finding the right criminal defense lawyer for your specific case should be much less overwhelming.
Questions to Ask About A Lawyer’s Experience and Background
Before anything else, you need to know whether the attorney in front of you has the right kind of experience. Not just years in practice, but whether their past cases and courtroom experiences align with what you now need.
1. How much of your practice is dedicated to criminal defense?
An attorney who splits time between criminal defense, family law, and business disputes isn’t living and breathing Rhode Island criminal law every single day. Criminal defense is a specialized field.
From the statutes, to the local court dynamics, to the way prosecutors think, all of it requires deep, focused experience that a generalist simply can’t replicate.
Green flag: Criminal defense makes up the majority (or the entirety) of that lawyer’s practice.
Red flag: Vague answers like “I handle a variety of matters” or “criminal defense is one of my practice areas.”
2. Have you handled cases involving charges like mine?
General criminal defense experience is a starting point, but it’s not enough. DUI charges, domestic violence charges, and assault charges each carry their own laws, penalties, and defense strategies.
You want someone who knows your specific charge—and what it takes to fight it.
Green flag: Direct, specific experience with your charge type, including knowledge of how prosecutors typically approach those cases.
Red flag: “I’ve handled all kinds of criminal matters” with nothing specific to back it up.
3. What outcomes have you obtained in similar cases?
Past results don’t guarantee future outcomes, and any honest attorney will tell you that. But patterns do matter. An attorney who has successfully defended thousands of cases like yours brings hard-won, real-world knowledge of what works and what doesn’t. What past clients have said about their experience can tell you a great deal, too.
In my 30+ years as a Rhode Island criminal defense attorney, I’ve defended thousands of cases across every courthouse in this state. I’ve used that experience to fight aggressively for every one of my clients, regardless of the details of their case. That depth of experience isn’t something you should take for granted when deciding who stands next to you in court.
Green flag: Specific context about cases won and dismissed, with honest acknowledgment that each case is different.
Red flag: Guarantees of specific outcomes, or sweeping claims with nothing concrete to support them.
4. How familiar are you with the court where my case is pending?
Rhode Island’s courts aren’t remotely the same when compared to one another. The District Court handles arraignments and misdemeanor cases very differently than the Superior Court handles felonies.
Knowing how Rhode Island’s court system is structured—and who the judges and prosecutors are at a specific courthouse—gives your attorney a measurable advantage before you ever set foot inside.
Green flag: Specific, confident familiarity with the court that’s handling your case, including the local judges and prosecutors.
Red flag: Hesitation, vague generalities, or no apparent knowledge of your specific courthouse.
Questions to Ask About Who, Exactly, Handles Your Case
This is where many defendants get blindsided. They hire a prominent attorney, only to then discover someone else is doing the casework. These questions protect you from that scenario.
5. Will you personally handle my case?
This is one of the most important questions on this entire list. Some law firms will have an experienced partner take the consultation, then pass the file to a junior associate. That’s delegation, not direct representation. You deserve to know exactly who will be fighting for you before you sign anything.
Unlike many other Rhode Island criminal defense attorneys, I do not hand cases off. It will be ME, S. Joshua Macktaz, Esq., reviewing your case, developing your defense strategy, and standing next to you at every substantive court appearance.
Green flag: A direct, unambiguous yes with no hedging or platitudes.
Red flag: “Our team will handle your case” or any answer that drifts away from a clear, personal commitment.
6. Who will appear with me at court hearings?
This is a critical follow-up to Question 5, and just as important. Some attorneys show up for the first hearing and the final one, then send associates for everything in between. Your court appearances aren’t “just another court appointment” to you. You want an attorney who takes these hearings seriously.
I personally appear at every substantive court hearing for every client. I do not send associates to court. Period.
Green flag: The attorney you hired will be present at every significant court event, not a more junior member of the law firm.
Red flag: References to “our team” or “one of our attorneys” handling appearances, without clear specifics.
7. Who will return my telephone calls and emails?
You’ll have questions throughout this process—probably a lot of them. Under ABA Model Rule 1.4, attorneys have a professional obligation to keep clients reasonably informed and to respond promptly to reasonable requests for information.
Knowing who will be on the other end of the phone when you need answers is a completely fair question to ask before you commit.
Green flag: The attorney themselves, or a clearly identified point of contact, with a specific commitment to response time.
Red flag: “Someone from our office will keep you updated” with no clear details or process.
8. How often will I receive updates?
A criminal case moves through multiple stages, including arraignment, discovery, pre-trial hearings, motions, and negotiations, and you shouldn’t be left in the dark between them. Ask directly how your attorney plans to communicate with you, and at what intervals.
A clear, confident answer here tells you a great deal about how organized and client-focused they are on a day-to-day basis.
Green flag: A proactive, specific communication plan tied to key case milestones.
Red flag: “We’ll reach out when there’s something to report,” which is vague, passive, and gives you zero clarity into how your case will unfold.
Questions to Ask About Defense Strategy and Realistic Outcomes
A good attorney won’t simply tell you what you want to hear. They’ll give you an honest assessment of where your case stands, what the evidence looks like, and what your real options are.
9. What do you see as the strongest and weakest aspects of my case?
Any attorney worth hiring will give you a frank, specific assessment, including the parts that don’t favor you. If they only shower you with promises and optimism, either they haven’t done the work or they’re not being straight with you.
This is also why being completely honest with your attorney matters so much—they can only evaluate what you choose to share with them.
Green flag: A balanced, specific analysis that addresses both strengths and weaknesses without sugarcoating.
Red flag: Nothing but positive framing, or no acknowledgment of potential challenges.
10. What evidence should be preserved or investigated immediately?
Time matters more than most defendants initially realize. Surveillance footage gets deleted. Witnesses’ memories fade. Physical evidence disappears.
That’s why a strong defense attorney identifies exactly what needs to be secured and moves immediately. Understanding how evidence fits into the discovery process in Rhode Island criminal cases is a big part of that picture, too.
As a former Rhode Island Special Assistant Attorney General, I have prosecuted thousands of cases across this state. I know exactly how the state builds its cases and exactly what to challenge. That experience on the other side changes everything about how I approach evidence in your case.
Green flag: Immediate, case-specific identification of evidence to secure and investigation steps to take.
Red flag: No sense of urgency, or a “wait and see” approach to evidence before anything has even been formally requested.
11. What possible outcomes should I realistically prepare for?
Outcomes range widely from dismissal to conviction, with a significant middle ground that includes charge reductions, plea agreements, and suspended sentences. It helps to understand the possible paths to reducing or discharging your charges in Rhode Island, and to know what getting your record dismissed and expunged could mean for your future long-term.
Green flag: A clear, case-specific overview of realistic outcomes that’s 100% honest about the full range of possibilities.
Red flag: Vague reassurances, or answers that fall apart the moment you ask follow-up questions.
12. How do you approach plea negotiations?
Most criminal cases in Rhode Island don’t go to trial. Instead, they’re resolved through negotiation. How aggressively and strategically your attorney approaches these plea negotiations can mean the difference between a felony and a misdemeanor, or between a conviction and a dismissal.
Having prosecuted thousands of cases as a Special Assistant Attorney General, I know exactly how prosecutors evaluate a case and what makes them willing to negotiate. This inside knowledge is experience that not all defense attorneys have.
Green flag: A clear, aggressive negotiation philosophy grounded in specific knowledge of how prosecutors build and assess their cases.
Red flag: “We’ll react to whatever the prosecutor offers,” which is a passive approach that immediately gives the other side more control over your case.
Questions to Ask About Fees, Trial Readiness, and Next Steps
Before you sign anything, you deserve to know exactly what you’re paying for, whether this attorney is fully trial-ready, and what you should (and shouldn’t) be doing right now.
13. How much trial experience do you have?
Most cases in Rhode Island settle before reaching the trial stage. But there are still major benefits to working with an attorney who has successful courtroom experience, from honed negotiation skills to familiarity with local prosecutors.
The long and short of it is that Article I, Section 15 of the Rhode Island Constitution guarantees your right to a jury trial. A skilled attorney will know how to exercise that right on behalf of their clients.
Green flag: Significant, jury trial experience, and a clear willingness to go that far when the case calls for it.
Red flag: An attorney who rarely goes to trial, or who can’t point to meaningful, recent courtroom experience.
14. What is included in your legal fee?
Legal fees in criminal defense cases vary widely. Some attorneys charge a flat fee, others bill hourly, and some structures are more complex. Before you sign anything, you need to understand exactly what’s covered, such as which hearings, whether trial is included, and what happens if your case takes longer than expected.
Rhode Island’s Rules of Professional Conduct require that attorney fees be reasonable, and any trustworthy attorney will explain their fee structure clearly in writing before you commit to anything.
Green flag: A transparent, written explanation of what is and isn’t included, with no ambiguity about what additional costs might arise.
Red flag: Vague fee structures, reluctance to put anything in writing, or surprise add-ons that are mentioned only after you’ve already signed.
15. What should I do—and avoid doing—while the case is pending?
Many defendants never think to ask this, but it’s one of the most important questions on this list. What you post on social media, who you contact, and what you say to anyone— including family, friends, and your employer—can affect your case in ways you wouldn’t anticipate.
Green flag: Specific, concrete dos and don’ts tailored to your charges and your particular situation.
Red flag: Generic advice, or no guidance at all.
Your Attorney Consultation Checklist for Tracking These Questions
Print this page or screenshot it before your consultations. Use the “My notes” column to capture what each attorney said, as details blur together quickly after back-to-back calls, and you’ll want a clear record before you decide.
| What to evaluate | My notes |
|---|---|
| Has substantial criminal defense experience | |
| Has handled charges similar to mine | |
| Regularly appears in the court handling my case | |
| Will personally handle the case | |
| Clearly explained possible outcomes | |
| Discussed both negotiation and trial strategy | |
| Explained fees and what is included | |
| Set clear communication expectations | |
| Identified immediate next steps | |
| Made me feel heard and informed |
The Rhode Island Criminal Defense Lawyer You Hire Can Make All the Difference
With your freedom, your reputation, and your future on the line, this isn’t a decision to rush. Ask the hard questions. Push for clear answers. And don’t settle for an attorney who can’t tell you, specifically and confidently, exactly how they plan to fight for you.
I’m S. Joshua Macktaz, Esq., a Rhode Island criminal defense attorney with over 30 years of experience and a former Special Assistant Attorney General for the State of Rhode Island. I personally handle every aspect of every case I take on. I personally appear at every court hearing when you choose me as your DUI attorney.
If you or a loved one has been charged with a crime in Rhode Island, don’t wait. Call me directly at (401) 861-1155 for a free, comprehensive consultation. I’m available 24 hours a day, 7 days a week. Contact my office today—because the decisions you make right now can impact every single aspect of your case, including the outcome.
