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How to Choose a Criminal Defense Attorney in Tampa: The Complete Guide
| Key Takeaway: The best criminal defense attorney for your case is one with verified courtroom experience in charges like yours, who will personally handle your defense, and who built their reputation through results rather than advertising spend. Start by asking other attorneys, judges, or professionals who they would hire — word-of-mouth referrals consistently lead to the strongest advocates. Then verify credentials, ask direct questions about trial history, and trust your instincts during the consultation. |
I’m Tampa Criminal Defense Attorney Rocky Brancato. For over 25 years, I’ve defended clients facing the most serious charges in Hillsborough County — and I’ve watched good people hire the wrong attorney because they didn’t know what to look for.
This guide will help you make the single most important decision you’ll face after an arrest: choosing the lawyer who will fight for your freedom. Whether you face a misdemeanor or a life felony, the principles below apply.
Start Where the Best Information Lives: Ask People Who Know
Think of choosing a lawyer the way you’d find the best restaurant in an unfamiliar city. You could search online and follow the ads — or you could ask a local who eats there every day. The second approach almost always wins.
The legal community works the same way. Attorneys, judges, court staff, and law enforcement professionals see lawyers perform every day. They know who prepares thoroughly, who fights effectively, and who folds under pressure. A single honest referral from someone inside the system is often worth more than hours of online searching.
At The Brancato Law Firm, P.A., many of our clients come to us through referrals from other attorneys — including former prosecutors — because courtroom reputation travels fast among professionals who see it firsthand. If you don’t have a personal connection to the legal world, ask any attorney you know, even one who practices in a different area. Lawyers talk, and serious trial attorneys are known quantities in their communities.
What to Look for in a Criminal Defense Attorney
Once you have a name or a short list, evaluate each attorney against the qualities that actually matter in a criminal case. Not every factor is obvious, so here is what separates strong defenders from the rest.
Real Trial Experience — Not Just Case Volume
Criminal cases resolve in many ways: dismissals, negotiations, pre-file advocacy, motions to suppress, and trials. The best outcomes often come from attorneys who prepare every case as though it will go to trial — because that preparation creates leverage at every stage. Prosecutors treat attorneys differently when they know the lawyer across the table has tried serious cases and won.
Because I spent years in the Major Crimes Unit handling homicides, sex crimes, and child abuse cases, and later served as Chief Operations Officer of the Hillsborough County Public Defender’s Office leading a staff of over 100 attorneys, I’ve seen the difference trial-readiness makes from both sides of that equation.
| What “Trial Experience” Really Means: Under Florida Bar advertising rules, any attorney can claim to “handle” sex crimes, homicides, or complex cases — even if they have never taken one to a jury verdict. The rules only require that the attorney intends to accept such cases. Intent is not experience. Ask specifically: How many jury trials have you personally conducted in cases like mine? What were the outcomes? |
Personal Attention: Who Will Actually Handle Your Case?
One of the most common — and most damaging — surprises in criminal defense happens after you sign the retainer agreement. You met with the senior partner, felt confident, and hired the firm. Then the firm assigns your case to someone you’ve never met.
This isn’t always a problem. Some firms have strong teams. But you have the absolute right to know, before you pay, exactly who will handle depositions, argue motions, and stand beside you at trial. Get that name in writing. If the firm can’t commit a specific attorney, that tells you something important about how they will treat your case.
Credentials That Cannot Be Bought
Marketing can be polished. Websites can look impressive. But certain credentials come through peer evaluation, and no one can purchase them at any price.
| Credential | What It Means | Why It Matters |
| AV Preeminent Rating (Martindale-Hubbell) | Highest rating for legal ability and ethics, based on reviews by judges and fellow attorneys | No one can buy this rating — attorneys must earn and sustain it through peer evaluation |
| Super Lawyers Selection | Peer-nominated recognition honoring the top 5% of attorneys in the state | Reflects peer reputation, not marketing budget |
| Death Qualification | Attorney has completed training required to handle capital (death penalty) cases | Demonstrates commitment to the most serious level of criminal defense |
| Specialized Unit Experience | Service in a dedicated major crimes, sex crimes, or homicide unit | Years of concentrated experience in the most complex cases |
| The Brancato Law Firm, P.A. — Attorney Rocky Brancato holds all four of these credentials. Call (813) 727-7159. | ||
Communication Style and Accessibility
A criminal case is one of the most stressful experiences a person or family can endure. Your attorney should listen more than they speak during the initial consultation. They should explain the law in terms you understand, answer your questions directly, and never leave you wondering what is happening with your case.
We tell every client the same thing at The Brancato Law Firm: when you call, you’ll speak directly with the people who are defending you. We maintain direct communication because criminal cases move fast, and delays in returning calls can mean missed opportunities.
Check the Attorney’s Disciplinary Record
Before hiring any attorney, search their name on The Florida Bar’s website at floridabar.org. Every licensed attorney has a public profile showing their Bar status, any disciplinary history, and whether the Bar has ever sanctioned or suspended them. This takes less than a minute and can reveal problems that no amount of marketing will disclose. We encourage every prospective client to check — including ours. At The Brancato Law Firm, we have nothing to hide.
Local Court Knowledge Matters
Criminal defense is intensely local. Each courthouse has its own procedures, each judge has tendencies that affect strategy, and each State Attorney’s Office operates differently. An attorney who practices regularly in Hillsborough, Pinellas, or Pasco County understands these nuances in ways that an out-of-area lawyer simply cannot. They know which motions carry weight with which judges and how specific prosecutors approach plea negotiations. From Orient Road Jail to Falkenburg Road Jail to the 13th Judicial Circuit, a local attorney understands the practical realities that shape every stage of your case.
Because I’ve practiced in Hillsborough County for over 25 years, these courthouses and the professionals who work in them are not abstractions. They are the environment where we build every defense.
A Brief Word About Marketing and Advertising
There is nothing wrong with a law firm advertising its services — advertising helps people who need a lawyer find one. However, understanding the economics behind heavy advertising can help you make a more informed decision.
| What Heavy Advertising Can Mean for Your Case: In competitive legal markets like Tampa, a single click on a Google ad for “criminal defense attorney” can cost a firm hundreds of dollars — not for a consultation, just for the click. Firms spending tens of thousands monthly on advertising need high case volume to sustain those costs. That volume pressure can mean less time devoted to individual cases, pressure to resolve matters quickly, and fees that reflect marketing overhead rather than legal work. This does not mean every firm that advertises is a poor choice — but it is a factor worth understanding. |
The most experienced criminal defense attorneys in any community tend to build their practices primarily through referrals and reputation. Their names circulate among other lawyers, judges, and former clients. That word-of-mouth pipeline is something no amount of advertising can replicate, because it is earned one case at a time in the courtroom.
Two Red Flags That Should End the Conversation
Most of the considerations in this guide involve weighing factors and asking good questions. But two situations call for a different response: walk away.
Guaranteed Results
| Walk Away Immediately: If any attorney guarantees you a dismissal, a specific sentence, or any particular outcome, end the conversation. Guaranteeing results violates Florida Bar ethical rules. No honest attorney can predict what a judge or jury will decide. What a skilled lawyer can promise is thorough preparation, aggressive advocacy, and complete dedication to your defense. Anyone promising more is starting your relationship with a lie. |
Overstating Relationships with Judges and Prosecutors
You may hear an attorney say something like, “I’m friends with the prosecutor,” or “I know the judge on your case.” This aims to reassure you, but it should not form the foundation of your defense strategy. Any experienced local attorney who has practiced in Hillsborough, Pinellas, or Pasco County for more than a few years has professional relationships with judges and prosecutors. That familiarity is standard — it is the baseline, not the selling point.
In our experience at The Brancato Law Firm, what actually moves cases is evidence analysis, legal strategy, cross-examination skill, and the credibility that comes from preparing for trial. Relationships alone do not win cases — evidence and strategy do. No prosecutor dismisses charges because they like the defense attorney, and no judge hands down a favorable sentence based on friendship. If an attorney emphasizes connections over competence, ask yourself what that emphasis is compensating for.
Look Deeper: Evaluating Large Firms and Common Marketing Claims
Some factors in choosing an attorney are not red flags — but they deserve a closer look before you commit. Bigger is not always better, and familiar-sounding credentials do not always mean what you think they mean.
Online Reviews: Helpful but Only Part of the Picture
It is natural to check online reviews before hiring an attorney, and reviews can provide useful insight into how a firm communicates, treats clients, and handles the day-to-day experience of representation. But reviews alone can be deeply misleading when you face serious charges.
Consider this: a firm with hundreds of five-star reviews may have earned most of them handling traffic tickets, misdemeanors, and county court matters — cases that resolve quickly and leave clients satisfied because the stakes were relatively low. That volume of positive feedback says nothing about the firm’s ability to defend a felony, take a complex case to trial, or challenge forensic evidence in a homicide or sex crime prosecution. A high review count often reflects high case volume, not high-level skill.
You are not on Amazon selecting undergarments. You are making a decision that could affect your freedom, your family, and your future for the rest of your life. Reviews deserve a place in your research, but never let them drive the final decision. Examine what types of cases generated the feedback. Pay attention to whether reviewers mention trial work, serious charges, or meaningful legal strategy — or just friendly service on a simple matter. Then weigh that information alongside the credentials, trial experience, and consultation questions discussed throughout this guide.
At The Brancato Law Firm, we are proud of our client reviews — but we would rather you evaluate us on our courtroom record, our peer-reviewed credentials, and the quality of the conversation when you call (813) 727-7159.
Statewide and Large-Volume Firms: Bigger Is Not Always Better
You have seen their ads blanketing every search result across Florida. These operations can look impressive — offices in multiple cities, polished branding, and a team of attorneys ready to take your call. None of that is inherently wrong. But before you hire, ask a practical question: how does any firm maintain quality across that kind of scale?
In some cases, large statewide brands are marketing operations that generate leads and distribute cases to local attorneys who subcontract the work. The lawyer who actually handles your case may not be the one you thought you were hiring. And the volume demands of this business model can affect who gets hired to do the work. During my years leading a staff of over 100 attorneys at the Hillsborough County Public Defender’s Office, I saw firsthand what it takes to maintain quality at scale — it requires intense oversight, mentorship, and a willingness to hold people accountable. Not every large operation invests in that infrastructure.
| A Simple Step Most People Skip: Before signing with any large or statewide firm, search the firm name on Glassdoor and Indeed. Employee reviews often reveal what the marketing does not: high turnover, sales-driven culture, excessive caseloads, or ethical concerns. Then check the attorney’s name on Sunbiz.org (Florida Department of State) to confirm they are actually an officer of the firm you think you are hiring — not a separate entity working under a marketing agreement. After hiring, verify that the Notice of Appearance filed with the court lists the firm name you were told represents you. These steps take minutes and can prevent a decision you will regret. |
“Former Prosecutor”: What That Title Does — and Does Not — Tell You
Many attorneys market themselves as former prosecutors, implying they know how the other side thinks and can use that insider knowledge to your advantage. Prosecution experience can be genuinely valuable — particularly for attorneys who spent many years in the role, handled serious cases, and left with a deep understanding of how the system works and where it breaks down. A former homicide prosecutor who tried dozens of cases over a decade brings real strategic insight to the defense side.
But that is usually the exception. The reality is that most attorneys leave the State Attorney’s Office within two years — often before they have handled anything beyond routine cases. Two years is barely enough time to learn the basics of courtroom practice, let alone develop the deep strategic thinking that serious criminal defense demands. When an attorney leads with “former prosecutor” but left after a short stint, the title is doing more marketing work than it deserves.
The Mindset Difference Between Prosecution and Defense
Beyond tenure, there is a subtler issue worth considering. Prosecution and defense require fundamentally different mindsets. Prosecutors learn to build cases, trust law enforcement, and seek convictions. Defense attorneys must challenge every assumption, question every piece of evidence, and fight a system built to convict. That shift in thinking does not happen automatically. You can take the attorney out of the prosecutor’s office, but you cannot always take the prosecutor out of the attorney. If a former prosecutor is on your short list, ask how long they served, what division they worked in, how many jury trials they handled, and — most importantly — what specifically about their prosecution experience makes them a better defender today.
Because I built my career on the defense side — including years in the Major Crimes Unit and over a decade leading attorneys at the Hillsborough County Public Defender’s Office — my instinct has always been to challenge the state’s case, not accept it. That distinction matters when your freedom is on the line.
Understanding Fees in Criminal Defense
Criminal defense attorneys cannot work on contingency (“you pay nothing unless we win”). Your freedom is not a bet. Instead, most charge a flat fee based on the severity of the charge, the complexity of the evidence, and the time involved.
In our experience at The Brancato Law Firm, the all-inclusive flat fee model works best for clients. It covers everything from pretrial motions through trial, so you are never pressured to accept a plea simply because going to trial costs extra. Other firms split fees into stages or use hourly billing, particularly in federal cases. Whatever the structure, make sure you understand exactly what is covered before signing.
| Fees vs. Costs — Know the Difference: Attorney fees pay for the lawyer’s time and expertise. Costs are separate third-party expenses required to build your defense: court reporters, expert witnesses, private investigators, psychological evaluations, and medical records. Some firms include costs in their flat fee. Others require a separate cost deposit held in trust. Either model is standard, but make sure you understand which structure applies before you sign. Ask for transparency and an accounting of how costs will be handled throughout your case. |
| Insider Knowledge: Why the Best Outcomes Are Often Invisible Many of the most valuable results in criminal defense never make the news. An experienced attorney who meets with prosecutors early, presents the weaknesses in the case, and prevents charges from ever being filed has delivered an extraordinary outcome — but there is no public record of it. Because I taught criminal procedure at the police academy and understand exactly how investigations are built, I know where to find the fractures in a case before it ever reaches a courtroom. Pre-file advocacy is one of the most powerful tools in criminal defense, and it is only available to attorneys who act quickly and know what they are looking for. |
The Public Defender Option: When It Makes Sense
If your budget is limited, do not assume that hiring any private attorney beats a public defender. That assumption can cost you — and during my years leading the Hillsborough County Public Defender’s Office, I saw the proof firsthand.
Public defenders in major crimes and felony divisions handle serious cases daily. They develop real trial experience, and in many counties they have access to court-approved funding for experts and investigators. A dedicated public defender with genuine courtroom skill will outperform a private attorney running a high-volume, bargain-rate practice nearly every time. The quality of your representation matters far more than whether you paid for it privately.
What to Bring to Your Consultation
A consultation is your opportunity to evaluate the attorney — but it is also the attorney’s first chance to evaluate your case. Coming prepared helps both of you make better decisions. Bring any documents you have: the arrest report or charging affidavit, bond paperwork, any correspondence from the State Attorney’s Office, and a written timeline of events as you remember them. If there are witnesses who can support your account, bring their names and contact information.
At The Brancato Law Firm, we use the consultation to assess the case honestly — not to sell you on hiring us. We want to know the facts, understand the evidence, and determine whether we can make a real difference. If we cannot, we will tell you so and help point you in the right direction.
Trust Your Instincts During the Meeting
After you have checked credentials, asked your questions, and reviewed the retainer agreement, trust your gut. A consultation should feel like a conversation, not a sales pitch. If you feel rushed or pressured to sign before you have had time to think, that is a signal. If the attorney meets your questions with vague reassurances or legal jargon instead of direct answers, that is another.
The right attorney will respect your intelligence. They will explain the risks honestly, walk you through your options clearly, and let their experience speak for itself. You may still feel afraid — that is natural when your freedom is at stake — but you should not feel confused or alone. That sense of clarity and direction is what real advocacy feels like, and it starts in the very first meeting.
Getting a Second Opinion
If you have already hired an attorney and something feels wrong — communication has broken down, your case does not seem to be progressing, or you have lost confidence in the strategy — you have every right to seek a second opinion. This does not mean you are being disloyal or difficult. It means you are taking your freedom seriously.
Questions to Ask During Your Consultation
When you sit down with a potential attorney, these questions will quickly reveal whether they are the right fit for your case. A confident, experienced lawyer will answer each one directly.
| Question to Ask | What a Strong Answer Looks Like |
| How many jury trials have you personally conducted? | Specific numbers and types of cases — not vague generalities |
| Have you tried cases similar to mine? | Detailed examples with context about strategy and outcomes |
| Will you personally handle my case? | A clear commitment with willingness to put it in writing |
| What is your strategy for challenging the evidence? | Case-specific analysis, not generic reassurances |
| How do you communicate with clients? | Direct access to the attorney, clear timelines, and responsiveness |
| What does your fee cover, and what are costs? | Transparent breakdown distinguishing attorney fees from third-party costs |
| Do you work with investigators and expert witnesses? | Yes — with specific examples of how experts have shaped case outcomes |
| How many active cases are you handling right now? | An honest answer — serious defense requires bandwidth and focused attention |
| The Brancato Law Firm, P.A. welcomes these questions. Call (813) 727-7159 to schedule a consultation. | |
The Checklist: Verify Before You Hire
| Step | How to Do It | What You’re Looking For |
| Ask for referrals | Contact attorneys, judges, or professionals you trust | Consistent reputation for courtroom skill, not just visibility |
| Check peer-reviewed credentials | Search Martindale-Hubbell and Super Lawyers | Ratings that peers awarded through evaluation, not ones the attorney purchased |
| Check the Florida Bar | Search floridabar.org for the attorney’s public profile | Active Bar status and any disciplinary history |
| Search employee reviews | Check the firm on Glassdoor and Indeed | Patterns of turnover, sales culture, caseload concerns, or ethical issues |
| Read the retainer carefully | Review engagement agreement before signing | Named attorney, fee structure, cost provisions, and any referral disclosures |
| Search Sunbiz.org | Look up the attorney on the FL Dept. of State website | Confirm the attorney is an officer of the firm you think you’re hiring |
| Verify the court record | Check the Notice of Appearance after hiring | The document should display the firm name that you expect to represent you |
| The Brancato Law Firm, P.A. | Tampa Criminal Defense Attorney Rocky Brancato | (813) 727-7159 | ||
Frequently Asked Questions About Choosing a Criminal Defense Attorney
Verified courtroom experience in cases similar to yours is the single most important factor. An attorney who has personally tried serious cases to jury verdict brings preparation skills, strategic thinking, and credibility that affect every stage of your case — from negotiation through trial. At The Brancato Law Firm, we bring over 25 years of major crimes trial experience to every case we accept.
Start by asking attorneys, judges, or legal professionals for a referral. Word-of-mouth recommendations from people inside the system consistently lead to the strongest advocates. Then verify the attorney’s credentials through peer-reviewed sources like Martindale-Hubbell and Super Lawyers, check their disciplinary record on floridabar.org, and ask direct questions about trial history during your consultation.
Advertising is not inherently a problem, but understanding the economics helps. Firms spending tens of thousands per month on ads need high case volume to cover those costs, which can mean less individualized attention and pressure to resolve cases quickly. The strongest criminal defense attorneys tend to build practices through referrals and courtroom reputation. Consider advertising as one factor in your evaluation, not the only one.
No. Guaranteeing specific outcomes violates Florida Bar ethical rules. Any attorney who promises a dismissal or particular sentence is acting unethically — walk away immediately. An honest attorney will assess the evidence, explain your options, and commit to fighting aggressively — without predicting what a judge or jury will decide.
Not necessarily. Prosecution experience can be valuable — especially for attorneys who spent many years trying serious cases. However, most attorneys leave the State Attorney’s Office within two years, before handling anything beyond routine matters. The prosecution mindset also differs fundamentally from defense work. Ask how long they served, what cases they tried, and how that experience specifically strengthens their defense practice today.
Size alone does not determine quality. Some large firms have excellent attorneys, while others operate as marketing hubs that distribute cases to subcontractors. Before hiring any large firm, search employee reviews on Glassdoor and Indeed, verify the attorney’s identity on Sunbiz.org, and ask who will personally handle your case. A local attorney with deep courtroom experience in your specific courthouse often provides stronger, more attentive representation.
Reviews are helpful but should never drive the final decision. A firm with hundreds of five-star reviews may have earned them handling traffic tickets and misdemeanors — not serious felonies. Examine what types of cases generated the reviews and whether reviewers mention trial work or complex legal strategy. Then weigh reviews alongside trial experience, peer-reviewed credentials, and what you learn during the consultation.
Often, yes. Public defenders in felony and major crimes divisions handle serious cases daily and develop substantial trial experience. Many of Florida’s best private criminal defense attorneys began their careers as public defenders. A dedicated public defender with real courtroom skill will typically outperform a private attorney running a high-volume, bargain-rate practice.
Attorney fees pay for the lawyer’s time and expertise. Costs are separate third-party expenses needed to build your defense, such as court reporters, expert witnesses, investigators, and psychological evaluations. Some firms include costs in their flat fee, while others require a separate cost deposit. Make sure you understand the distinction before signing any agreement.
Absolutely. If communication has broken down or you have lost confidence in your current representation, seeking a second opinion is responsible, not disloyal. The Brancato Law Firm regularly consults with individuals who already have an attorney and want to know whether their case is moving in the right direction. Call (813) 727-7159.
Ask how many jury trials the attorney has personally conducted, whether they have tried cases similar to yours, who will actually handle your case, what their strategy would be for challenging the evidence, how they communicate with clients, and how many active cases they currently manage. Honest, experienced attorneys answer with specifics. Treat vague responses or deflection as a warning sign.
Attorney Rocky Brancato brings over 25 years of criminal defense experience including service in an elite Major Crimes Unit handling homicides, sex crimes, and child abuse cases. As former Chief Operations Officer of the Hillsborough County Public Defender’s Office, he led and mentored over 100 attorneys. He holds the AV Preeminent rating, a Super Lawyers selection, and is death-qualified for capital cases. When you hire our firm, you speak directly with the people defending you — we accept only cases where we are convinced we can make a difference.
The AV Preeminent rating from Martindale-Hubbell is the highest distinction for legal ability and ethics, based entirely on peer reviews from judges and fellow attorneys. Super Lawyers recognizes the top 5% of attorneys through a peer-nominated, research-driven process. No one can purchase either credential — attorneys must earn and sustain both through professional reputation.
For more about our defense approach across all criminal charges, visit our Criminal Defense practice page.
| Your Freedom Deserves a Proven Advocate Every day you wait is a day the prosecution builds its case. If you or someone you love is facing criminal charges in Hillsborough, Pinellas, or Pasco County, the time to act is now. (813) 727-7159 Tampa Criminal Defense Attorney Rocky Brancato The Brancato Law Firm, P.A. 620 E. Twiggs Street, Suite 205, Tampa, FL 33602 |
The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.
Free Resource: For an in-depth exploration of this topic, read Rocky’s book: How to Choose a Major Crimes Attorney — or Any Criminal Defense Attorney for That Matter. Available for purchase on Amazon or for free download at brancatolaw.com.
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