Skip to content 
When Child Protective Services (CPS) gets involved in your life, the ground beneath your feet can feel like it's giving way. Fear, confusion, and a desperate need for answers become your constant companions. This feeling is magnified tenfold when the situation escalates, and you find yourself facing not just a CPS investigation but also potential criminal charges. Suddenly, your parental rights, your freedom, and your family's very foundation are on the line. In these moments, choosing the right legal advocate isn't just a practical step, it's a lifeline.
This guide is designed for Texas parents caught in this overwhelming intersection of family and criminal law. We will walk you through the most critical questions to ask a criminal defense lawyer, ensuring you find an attorney who not only understands the complexities of Texas law but understands what's truly at stake: your family.
Finding the right lawyer is the first, most crucial step in regaining control. The initial consultation is your opportunity to interview potential attorneys, gauge their expertise, and determine if they are the right partner to fight for you. The answers you receive will form the bedrock of your defense strategy and your peace of mind.
This comprehensive list will equip you with a prioritized checklist, covering everything from an attorney's specific experience with cases involving CPS to their fee structures, communication policies, and assessment of your case. We will provide actionable advice so you can walk into your consultation prepared and confident, ready to make an informed decision that will protect your future.
1. What is Your Specific Experience with CPS-Related Criminal Cases in Texas?
When you’re facing a criminal accusation that also involves a Child Protective Services (CPS) investigation, you are fighting a battle on two separate fronts. This is not a standard criminal case; the stakes include not only your freedom but also your fundamental right to parent your children. This is why one of the most critical questions to ask a criminal defense lawyer is about their specific, hands-on experience navigating the treacherous intersection of Texas criminal law and the Texas Family Code.
A general criminal defense attorney might be excellent at handling a DUI or a theft charge, but they may not understand how a plea deal in your criminal case could have devastating, automatic consequences in your CPS case. You need an attorney who comprehends the unique legal ecosystem where a criminal court decision can directly impact a family court’s ruling on terminating your parental rights.
Why This Question is Essential
An experienced lawyer in this niche area knows that the strategy for one case must support the other. For instance, they understand that a finding of fact in a criminal court, even without a conviction, could be used by CPS to argue for the termination of your parental rights under Chapter 161 of the Texas Family Code. Their goal is to craft a defense that protects you in both arenas simultaneously.
Real-Life Scenario: A mother in Houston was accused of injury to a child after her toddler had an accident at home. CPS removed the child, and criminal charges were filed. Her attorney, experienced in both fields, negotiated a plea to a lesser charge that specifically avoided a finding of "intentional" injury. This strategic move was crucial. In the family court, it prevented CPS from using the plea as automatic grounds for termination under Chapter 161, giving her a fighting chance to reunify with her child.
Actionable Follow-Up Questions
To dig deeper into their expertise, ask targeted follow-up questions during your consultation:
- Case Examples: "Can you describe a past case where you managed both a criminal charge and a related CPS investigation? What was the outcome?"
- Coordination Strategy: "How do you coordinate the defense strategy between the criminal case and the family court case?"
- Plea Impact: "How could a plea deal in my criminal case specifically affect my CPS case and my rights under the Texas Family Code?"
- Procedural Knowledge: "What is your experience with key CPS hearings, like the Adversary Hearing required under Chapter 262?"
An attorney who can confidently and knowledgeably answer these questions demonstrates the dual expertise necessary to protect everything you hold dear. Their proficiency can make all the difference. For more information on how these cases are handled, you can learn about the role of a Child Protective Services attorney and the specialized knowledge required.
2. What Are the Possible Outcomes and Likely Scenarios?
When the weight of a criminal charge presses down on you, the unknown can feel terrifying. You’re not just facing a legal process; you're facing a potential upheaval of your entire life, family, and future. One of the most important questions to ask a criminal defense lawyer is for a candid, realistic assessment of the potential outcomes and likely scenarios for your specific case. This conversation moves beyond legal theory into the practical realities of what lies ahead.
A trustworthy attorney will not offer sugar-coated promises of a guaranteed dismissal. Instead, they will provide a transparent overview of the full spectrum of possibilities based on the evidence, the charges, the prosecutor, and the court you’re in. This includes the best-case scenario, the worst-case scenario, and the most probable paths in between, allowing you to prepare mentally and financially for the journey.
Why This Question is Essential
Understanding the potential outcomes is crucial for making informed decisions. Your lawyer’s assessment will guide your entire strategy, including whether to accept a plea agreement or take your case to trial. An experienced attorney can analyze the strengths and weaknesses of the prosecution's case and your defense to give you a clear-eyed perspective, which is vital for managing your expectations and reducing anxiety. For parents, this also means understanding how each outcome could affect your CPS service plan and reunification timeline.
Actionable Advice for Parents: When discussing outcomes, always ask the attorney to connect the dots back to your CPS case. For example, if probation is a likely outcome, ask, "How will probation requirements, like counseling or classes, overlap with my CPS service plan? Can we satisfy both at the same time?" This proactive planning can ease the burden on your family and show CPS your commitment.
Actionable Follow-Up Questions
To get a complete picture of what you're facing, press for specifics with these follow-up questions:
- Scenario Probabilities: "Based on your experience with cases like mine in this county, what would you say are the rough percentage chances of a dismissal, a favorable plea deal, or a conviction at trial?"
- Influencing Factors: "What specific evidence or factors could significantly strengthen our position or, conversely, weaken it as the case progresses?"
- Plea vs. Trial: "What would a typical plea offer look like for this charge, and how does that compare to the potential sentence if we went to trial and lost?"
- Dismissal Strategy: "What is our best strategy for getting criminal charges dropped in Texas, and what are the initial steps we can take toward that goal?"
An attorney who can break down these complex scenarios into understandable terms demonstrates both competence and honesty. They are not just your advocate; they are your strategic guide.
3. How Will You Handle Communication and Keep Me Updated?
When you are facing a criminal charge, the waiting and uncertainty between court dates can be agonizing, especially when you are also separated from your children. The legal process is often slow, leaving you feeling powerless and in the dark. Establishing clear communication protocols from the very beginning is not just about convenience; it’s about managing your anxiety and ensuring you remain an active, informed participant in your own defense.
A lack of communication is one of the most common complaints clients have about their lawyers. You deserve an attorney who sees you as a partner in your case, not just a case file number. Asking how they will keep you updated sets a professional standard and ensures your expectations are aligned, preventing frustration and misunderstandings down the line. This is a critical question to ask a criminal defense lawyer to gauge their commitment to client service.
Why This Question is Essential
A clearly defined communication plan ensures you receive timely information about every critical development, from evidence received from the prosecution to upcoming deadlines and shifts in legal strategy. It clarifies who your primary point of contact is, whether it's the attorney directly or a dedicated paralegal, and how quickly you can expect a response. This clarity is especially vital if your criminal case has implications for other legal matters; understanding how your criminal defense lawyer will coordinate with others is crucial, and you can learn more about Family Law to grasp the full scope of these interconnected issues.
Actionable Advice for Parents: Ask the attorney if they are willing to communicate with your CPS caseworker or your family law attorney (if you have one). Coordinated communication can prevent misunderstandings and show CPS a united front. For example, your defense lawyer could inform your caseworker that you are proactively attending counseling, which can be a positive step in both your criminal case and your service plan.
Actionable Follow-Up Questions
To ensure you and your potential attorney are on the same page, ask specific questions about their communication practices:
- Primary Contact: "Will I be communicating directly with you, or will a paralegal or associate be my main point of contact for routine updates?"
- Response Time: "What is your firm’s policy on returning phone calls and emails? Can I expect a response within 24 or 48 hours?"
- Update Frequency: "How often can I expect to receive proactive updates on my case, even if there are no major developments?"
- Preferred Method: "What is the best way to reach you for urgent matters versus non-urgent questions (e.g., phone, email, client portal)?"
An attorney who provides clear, confident answers to these questions demonstrates an organized, client-focused practice. This commitment to communication is a strong indicator of the respect and attention your case will receive.
4. What Are Your Fees and How Are Costs Structured?
Facing criminal charges is emotionally and financially draining. The last thing you need is a surprise bill from your attorney. Understanding a lawyer's fee structure upfront is not just about budgeting; it's about building a transparent, trusting relationship for the fight ahead. This is why one of the most practical questions to ask a criminal defense lawyer is for a complete breakdown of their fees and anticipated costs.
A reputable attorney will have a clear, easy-to-understand fee agreement and will be willing to walk you through it line by line. Ambiguity about costs can lead to disputes and added stress when your focus should be on your defense. You need a clear picture of the total financial commitment, what services are included, and what potential extra expenses might arise during your case.
Why This Question is Essential
Legal fees can be structured in several ways, and each has different implications for your budget. A flat fee, for example, offers predictability, while an hourly rate for a complex felony case reflects the ongoing work required. Knowing the structure helps you plan and ensures you can afford the quality representation you need from start to finish without interruption. A clear fee agreement protects both you and the attorney.
Actionable Advice for Parents: Ask if the fee covers representation in both the criminal matter and any related CPS proceedings. Often, these are handled as separate cases with separate fees. Clarifying this is vital. Ask, "Does this fee cover your appearance at my Adversary Hearing or any other family court dates, or is that a separate cost?" Understanding the full financial picture helps you allocate resources to protect your family on all fronts.
Actionable Follow–Up Questions
To ensure you have a comprehensive understanding of the financial aspect of your defense, ask these specific follow-up questions:
- Written Agreement: "Can I see a copy of your standard fee agreement? What exactly does your fee cover?"
- Payment Options: "Do you offer payment plans or accept credit cards? What is the initial retainer required to begin work on my case?"
- Additional Costs: "Besides your legal fees, what other expenses should I anticipate? (e.g., investigator fees, expert witness costs, court filing fees)."
- Refund Policy: "What is your policy regarding refunds if my case is dismissed or resolves much faster than expected?"
An attorney who is direct and transparent about their fees demonstrates professionalism and respect for their clients. This conversation is a crucial step in ensuring you are comfortable and confident in your choice of legal counsel.
5. What Is Your Assessment of the Evidence Against Me?
Beyond an attorney's experience, their ability to critically analyze the prosecution's case is paramount. A crucial part of your initial consultation is asking for their preliminary assessment of the evidence against you. This question tests the lawyer's analytical skills and gives you a realistic, evidence-based perspective on the strengths and weaknesses of your case. An attorney's answer will reveal how deeply they engage with the details and whether they can spot the procedural errors or factual inconsistencies that could lead to a dismissal, a favorable plea, or an acquittal at trial.
This isn't about getting a guaranteed outcome; it's about understanding how a seasoned legal mind views the battlefield. A competent defense lawyer will evaluate the quality of the evidence, the credibility of witnesses, and the legality of how that evidence was obtained. They can identify if a CPS investigator overstepped their bounds or if a key witness has a history that undermines their testimony. This initial analysis forms the bedrock of your entire defense strategy.
Why This Question is Essential
Asking for an evidence assessment pushes the conversation from generalities to specifics. It forces the attorney to think like a prosecutor and identify potential vulnerabilities. This process helps you make informed decisions, whether that means accepting a plea deal or preparing for a fight in court. An attorney who provides a detailed, thoughtful answer demonstrates a proactive and strategic approach to case preparation, which is exactly what you need when your family’s future is on the line.
Real-Life Scenario: In a case involving allegations of neglect, the CPS report was the primary evidence. An attorney reviewed the report and found that the investigator had interviewed the children without parental consent and had not properly documented the timeline of events. The attorney planned to file a motion to challenge the admissibility of the investigator's testimony, significantly weakening the state's case in both criminal and family court.
Actionable Follow-Up Questions
To gain a clearer picture of their analytical process, use these targeted follow-ups:
- Evidence Problems: "Based on what you know so far, what are the biggest problems you see with the prosecution's evidence?"
- Motions to Suppress: "Do you see any opportunities to file a motion to suppress evidence in my case? How would that work?"
- Witness Credibility: "What are your initial thoughts on the credibility of the state's witnesses, and how would you challenge them?"
- Negotiating Leverage: "How can we use the weaknesses in their evidence to improve our negotiating position for a plea bargain?"
An attorney who can break down the evidence and explain its implications in plain language is an invaluable asset. Their ability to dissect the state's case is often the first step toward building a powerful defense.
6. What Are the Possible Defenses and Legal Strategies?
Once an attorney understands the basic facts of your case, the conversation must shift from what happened to what can be done about it. Asking about potential defenses and legal strategies is not just about seeking reassurance; it's about understanding the lawyer's analytical process and their plan of attack. A strong defense is built on a solid legal and factual foundation, and you need to know how your prospective lawyer plans to construct it.
This question moves beyond their general experience and into the specifics of your situation. A skilled criminal defense lawyer won't just list generic defenses. They will begin to apply legal principles to the facts you’ve shared, outlining a potential roadmap for your case. This reveals their creativity, their knowledge of the law, and their ability to think critically about how to protect your freedom and your family.
Why This Question is Essential
Understanding the proposed strategy gives you a clear picture of the path forward. It helps you evaluate whether the attorney’s approach aligns with your goals and comfort level. Are they preparing for a fight in court, or is their primary strategy to negotiate a plea? Knowing their initial thoughts on defense allows you to gauge their proactivity and assess the potential strengths and weaknesses of your case from a legal expert’s perspective. A good strategy will always consider the impact on your CPS case.
Actionable Advice for Parents: When discussing legal strategies, ask how each approach will be perceived in family court. For example, a defense of "parental privilege" (the right to discipline your child) might be a valid defense in criminal court, but it could be viewed negatively by a family court judge trying to determine the best interest of the child. A skilled attorney will help you choose a strategy that works in both arenas.
Actionable Follow-Up Questions
To get a comprehensive understanding of their plan, use these follow-up questions:
- Viable Options: "Based on what I've told you, what are the top two or three most viable defense options we could pursue?"
- Evidence Required: "What kind of evidence would we need to gather to successfully support that defense strategy?"
- Potential Weaknesses: "What are the biggest challenges or weaknesses in this proposed defense that the prosecution might exploit?"
- Investigative Steps: "What are the first investigative steps you would take to start building this defense?"
An attorney who can thoughtfully outline potential defenses, explain the necessary evidence, and honestly discuss the risks involved is one who is preparing for a genuine fight on your behalf. This is a crucial part of the many questions to ask a criminal defense lawyer to ensure you find the right advocate.
7. What Is Your Track Record and Can You Provide References?
Hiring a criminal defense lawyer is one of the most significant decisions you will ever make, with your freedom and future on the line. Beyond what an attorney says they can do, you need tangible proof of their competence and past performance. Asking about their track record and references is not about being confrontational; it’s about conducting due diligence to ensure you are placing your trust in capable hands.
A lawyer's history of trial outcomes, successful plea negotiations, and case dismissals speaks volumes about their skill. While attorney-client confidentiality rightly prevents them from sharing specific details of past cases without permission, a reputable attorney should be able to point to a pattern of success through sanitized case examples, public records, and client testimonials. This question is a direct way to gauge their experience and the results they have achieved for others in situations similar to yours.
Why This Question is Essential
This question cuts through marketing and gets to the core of a lawyer's abilities. An attorney can have impressive credentials, but if they cannot demonstrate a history of favorable outcomes, those credentials mean little. Verifying their track record helps you confirm that their courtroom and negotiation skills are as strong as they claim. It also helps you spot red flags, such as a history of disciplinary actions with the State Bar of Texas, which could indicate a pattern of incompetence or unethical behavior.
Actionable Advice for Parents: Look for reviews or testimonials that specifically mention CPS or family law issues. A parent who says, "This lawyer saved my family" or "They understood my CPS case and my criminal case" is a powerful indicator that the attorney has the specific experience you need. Don't be afraid to ask the attorney if they have past clients who would be willing to speak with you.
Actionable Follow-Up Questions
To effectively assess an attorney's background and success rate, ask specific, fact-finding questions:
- Disciplinary History: "Are you in good standing with the State Bar of Texas? Have you ever had any disciplinary actions filed against you?"
- Online Reputation: "Can you direct me to any online profiles on Avvo, Google, or Martindale-Hubbell where I can read client reviews?"
- Case Studies: "Without violating confidentiality, can you describe a challenging case you handled that is similar to mine and explain how you approached it?"
- Professional Engagement: "Are you a member of any professional organizations like the Texas Criminal Defense Lawyers Association? Do you participate in continuing legal education focused on criminal law?"
An attorney who is proud of their record will welcome these questions and provide clear, verifiable answers. Their willingness to be transparent about their history is a strong indicator of the integrity and professionalism they will bring to your defense.
8. If My Case Goes to Trial, What Should I Expect and What Is Your Trial Experience?
While most criminal cases are resolved through plea agreements, the ability and willingness to take a case to trial is a defense attorney’s most powerful negotiating tool. The possibility of a trial looms over every negotiation with the prosecutor. This is why you must ask a potential criminal defense lawyer about their specific trial experience and what you should expect if your case proceeds to that critical stage.
Many attorneys are skilled negotiators but may lack extensive courtroom experience. You need a lawyer who is not only comfortable but also proficient in front of a judge and jury. An attorney’s reputation as a formidable trial lawyer can significantly influence the quality of the plea offer you receive. A prosecutor is far more likely to offer a favorable deal to an attorney they know is capable of winning at trial.
Why This Question is Essential
Hiring an experienced trial attorney sends a clear message to the prosecution that you are prepared to fight the charges vigorously. This lawyer understands the intricate rules of evidence, the art of jury selection (voir dire), the strategy behind cross-examining witnesses, and how to present a compelling narrative to the jury. Their confidence in the courtroom can be the deciding factor between a conviction and an acquittal. For parents in Texas, a "not guilty" verdict in a criminal trial can be the most powerful tool for ending a CPS case.
Actionable Advice for Parents: Ask how the attorney prepares clients for trial. A compassionate and thorough lawyer will not just prepare the legal arguments but will also prepare you emotionally for the stress of a trial. They should explain your role, advise you on courtroom demeanor, and work to ensure you feel as prepared and confident as possible when your day in court arrives. This human-centered approach is vital when your family's future hangs in the balance.
Actionable Follow-Up Questions
To gauge an attorney's trial readiness and expertise, ask specific follow-up questions:
- Trial Volume: "Approximately how many jury trials have you handled as the lead attorney? What is your general success rate?"
- Courtroom Strategy: "How do you approach jury selection in a case like mine? What is your strategy for preparing witnesses to testify?"
- Your Role: "If I were to testify, how would you prepare me? What are your expectations for my demeanor in the courtroom?"
- Procedural Steps: "Can you walk me through the key stages of a trial, from pre-trial motions to the final verdict?"
An attorney who provides clear, confident answers demonstrates they possess the trial skills necessary to protect your rights at every stage of the legal process. Understanding the initial steps is also crucial; for instance, you can learn more about what happens at an arraignment hearing to prepare for the road ahead.
8-Point Comparison: Questions to Ask a Criminal Defense Lawyer
| Question | 🔄 Implementation complexity | ⚡ Resource requirements | 📊 Expected outcomes | 💡 Ideal use cases | ⭐ Key advantages |
|---|---|---|---|---|---|
| What is Your Experience with Cases Like Mine? | Moderate — verify case history and jurisdictional fit | ⚡ Low–Moderate: CV, case summaries, references | 📊 Informs likely approaches based on past results (not guaranteed) | 💡 Choosing counsel for a specific charge type (DUI, drug, fraud) | ⭐ Identifies specialization and local court knowledge |
| What Are the Possible Outcomes and Likely Scenarios? | Moderate — scenario analysis and probability estimates | ⚡ Low: attorney review of facts and sentencing data | 📊 Range of outcomes (dismissal, plea, trial, sentencing) with probabilities | 💡 Preparing for plea decisions and financial/mental planning | ⭐ Sets realistic expectations for decision-making |
| How Will You Handle Communication and Keep Me Updated? | Low — set communication protocols and contacts | ⚡ Low: paralegal/assistant support may be needed | 📊 Predictable update cadence; reduced client anxiety | 💡 Clients needing regular updates or remote representation | ⭐ Builds trust and prevents misunderstandings |
| What Are Your Fees and How Are Costs Structured? | Moderate — produce written fee agreement and inclusions | ⚡ Variable: retainer, hourly, experts, filing fees | 📊 Clear budget expectations; potential for extra costs if complex | 💡 Financial planning before hiring; comparing attorneys | ⭐ Prevents billing surprises and enables comparisons |
| What Is Your Assessment of the Evidence Against Me? | High — detailed review of reports, forensics, procedures | ⚡ High: document review, investigators, forensic experts | 📊 Objective strength/weakness analysis; suppression opportunities | 💡 Deciding between plea vs. trial; motion-to-suppress strategy | ⭐ Reveals prosecution vulnerabilities and defense priorities |
| What Are the Possible Defenses and Legal Strategies? | High — legal research and strategic planning | ⚡ High: investigation, experts, witness preparation | 📊 Multiple defense options with trade-offs and resource needs | 💡 Complex or fact-sensitive charges requiring tailored defense | ⭐ Provides a clear roadmap and creative legal options |
| What Is Your Track Record and Can You Provide References? | Low–Moderate — verify records, testimonials, appellate history | ⚡ Low: time to check bar, reviews, public records | 📊 Confidence metrics (trial outcomes, discipline history) | 💡 Vetting attorneys before hiring | ⭐ Confirms credibility and past performance |
| If My Case Goes to Trial, What Should I Expect and What Is Your Trial Experience? | High — full trial preparation and courtroom planning | ⚡ High: trial team, exhibits, witness prep, time | 📊 Clear expectations for trial risk, timeline, and roles | 💡 Cases likely to proceed to trial or when trial credibility matters | ⭐ Demonstrates courtroom competence; strengthens negotiation |
Your Family's Advocate Is Waiting: Take the First Step Today
Facing a criminal charge in Texas can feel like your world is shrinking, especially when a CPS case is happening at the same time. The weight of uncertainty, the fear for your children's future, and the potential impact on your freedom can be unbearable. This is precisely why the initial consultation with a potential attorney is not just a meeting; it is the first decisive step you take to reclaim control of your family's future. The questions in this guide are your roadmap to finding not just a lawyer, but a true advocate who understands both sides of your battle.
Mastering these questions is about empowering yourself. It transforms an intimidating process into an active search for the right partner. You are not just hiring someone to handle legal paperwork; you are entrusting them with your life, your liberty, and your family's future. By digging into their specific experience with CPS-related cases, their communication style, and their strategic approach, you gain the clarity needed to make a confident choice. This is your opportunity to find someone who sees you as a person, a parent, and not just a case file.
Key Takeaways: From Questions to Confidence
As you reflect on the critical questions to ask a criminal defense lawyer, remember these core principles that will guide you to the right choice for your family:
- Dual Experience is Non-Negotiable: Don't settle. You need a lawyer with a deep, proven track record in both Texas criminal defense and the nuances of the Texas Family Code, especially chapters governing CPS investigations (262), hearings (263), and termination (161).
- Strategy Over Promises: Beware of attorneys who guarantee outcomes. A strong advocate will provide a realistic assessment, discuss potential defenses, and outline a clear strategy that protects you in both criminal and family court. Their confidence should come from their plan, not from empty promises.
- Communication is the Foundation of Hope: A successful attorney-client relationship is built on trust and clear communication. Your lawyer should be accessible, responsive, and committed to keeping you informed. You should never feel like you are in the dark about your own case or your children's future.
The answers you receive to questions about fees, trial experience, and potential outcomes are not just data points. They are indicators of a lawyer’s transparency, competence, and dedication to your family. They reveal whether an attorney has the foresight to protect your parental rights while fighting for your freedom.
Crucial Insight: The most important question is not on any list. It is the one you ask yourself after the consultation: "Do I trust this person to protect my family and my future?"
Choosing the right legal representation is the single most important decision you will make. It can mean the difference between a conviction that shatters your family and a defense that protects your rights and keeps your family whole. The road ahead may be challenging, but you do not have to walk it alone. An experienced, compassionate, and tenacious lawyer will stand with you, fight for you, and guide you through the complexities of the Texas justice system with the strength and reassurance you and your family deserve.
Navigating the intersection of criminal defense and CPS requires a specialized skill set and a compassionate approach. At the Law Office of Bryan Fagan, we are dedicated to defending Texas parents on both fronts, ensuring your rights are protected in criminal court and your family stays together. If you are a parent facing this terrifying situation and are ready to find an advocate who understands the full picture, contact us today for a free and confidential consultation.
