Fees for Criminal Lawyers: Flat Fees, Retainers and Your Right to a Lawyer
Updated · By the Law Figures editors
General information, not legal advice. Laws differ by state and change, so check the sources below or ask a lawyer licensed in your state before you act. Legal disclaimer
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Fees for criminal lawyers are usually a flat fee for each stage of the case or a retainer billed against an hourly rate, and never a percentage, because contingent fees aren't allowed for defending a criminal charge. The price rises with the seriousness of the charge, the number of court dates and whether the case goes to trial. If jail is possible and you can't afford a lawyer, the court must appoint one.
| Type of case | How it's usually billed | What pushes the price up |
|---|---|---|
| Misdemeanor, such as shoplifting or a first DUI | Flat fee through a plea or dismissal | Prior record, a license hearing, a trial |
| Felony | Larger flat fee by stage, or a retainer | Preliminary hearing, grand jury, experts, trial |
| Federal charge | Retainer against an hourly rate | Volume of evidence, sentencing guidelines work |
| Probation violation | Flat fee | A new charge at the same time |
| Appeal | Separate flat fee or retainer | Length of the trial record |
| Record sealing or expungement | Flat fee | Number of cases, a contested hearing |
These are common billing patterns, not rules. ABA Model Rule 1.5(d)(2), adopted in each state's version, forbids a contingent fee for representing a defendant in a criminal case.
Estimate the cost
Use the flat fee from the quote, any hourly work it doesn't cover, and costs such as an investigator.
Criminal defense fee estimator
- Hourly work
- $3,000
- Flat fees
- $2,500
- Costs
- $500
- Estimated total
- $6,000
Run it twice, with the low and the high end of the hours the lawyer quotes. An estimate, not a quote.
The defaults are an example, not a typical case: a $2,500 flat fee, 10 more hours at $300 for motions, and $500 in costs, $6,000 in all. For a DUI, our DUI cost calculator adds fines, interlock and insurance.
Retainers and refunds
Many criminal lawyers ask for money up front. Under ABA Model Rule 1.15(c), fees paid in advance go into the lawyer's client trust account and are taken out only as they're earned or the expenses are incurred. If you fire the lawyer or the case ends early, Rule 1.16(d) requires the lawyer to refund any advance fee that hasn't been earned. Some states also limit "nonrefundable" fees. Get the scope, the fee and the refund terms in writing; Rule 1.5(b) asks for the basis of the fee to be communicated, preferably in writing.
When a lawyer is free
The Constitution guarantees a lawyer to a defendant who can't afford one in a felony case (Gideon v. Wainwright, 1963), and no one may be jailed for any offense, even a misdemeanor, unless they had a lawyer or knowingly gave up that right (Argersinger v. Hamlin, 1972). Courts decide who qualifies based on income and the charge, and some charge a small fee or ask for partial payment later. Ask about a public defender at your first court appearance.
Questions to ask before you hire
- Is the fee flat or hourly, and what stages does it cover?
- What does a trial cost on top, and when would I have to pay it?
- Which costs are extra: investigators, experts, transcripts?
- What's refunded if the case is dismissed early or I change lawyers?
- Who will actually appear in court for me?
Sources
- ABA Model Rules of Professional Conduct, Rule 1.5: Fees
- ABA Model Rules of Professional Conduct, Rule 1.15: Safekeeping Property
- ABA Model Rules of Professional Conduct, Rule 1.16: Declining or Terminating Representation
- Gideon v. Wainwright, 372 U.S. 335 (1963) (Cornell LII)
- Argersinger v. Hamlin, 407 U.S. 25 (1972) (Cornell LII)