All Laws Decoded

How Much Does a Criminal Defense Lawyer Cost?

There is no official standard price. Private criminal defense lawyers usually charge a flat fee or an hourly rate, often with money paid up front, and rules in states such as California bar contingency ("no win, no fee") arrangements in criminal cases. People who cannot afford a lawyer can ask for a court-appointed lawyer or public defender; some states charge a modest fee for that, and federal court-appointed lawyers are paid by the government at rates the federal judiciary publishes.

What the law says

FAQ

Can a criminal defense lawyer work on contingency?
Not in California, whose Rule 1.5 bars contingent fees for representing a defendant in a criminal case.
Do criminal defense lawyers charge flat fees or by the hour?
Either. The Florida Bar says flat fees are often charged in criminal cases, and that hourly rates are not set and vary among lawyers.
Is the retainer refundable?
It depends on the agreement. In California, a fee can be non-refundable only if it is a true retainer the client agreed to in writing, and unearned advance fees must be refunded when the representation ends.
What if I can't afford a lawyer?
You can ask the court for an appointed lawyer. In federal court, the Criminal Justice Act provides counsel for people financially unable to hire one; in Wisconsin, for example, you apply through the State Public Defender office serving your county, and if you do not qualify you can apply for a lawyer paid by the county.
Is a public defender free?
Not always. Wisconsin's State Public Defender, for example, charges client fees by case type, such as $240 for a misdemeanor or $60 if prepaid within 60 days.
How much are federal court-appointed lawyers paid?
For work on or after January 1, 2026, Criminal Justice Act panel attorneys are paid $177 an hour in non-capital cases and up to $226 an hour in capital cases.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.