Hiring a Criminal Defense Lawyer in California
How criminal defense lawyers in California charge, your right to a court-appointed lawyer, how bail works, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in California: fee rules
| Rules on contingency fees | California's Rule 1.5 bars unconscionable or illegal fees and lists factors for judging a fee, including whether it is fixed or contingent and whether the client gave informed consent. Under Rule 1.5(c), a lawyer may not charge any fee in a family law matter that is contingent on securing a dissolution or nullity of marriage or on the amount of spousal or child support or a property settlement, and may not charge a contingent fee to represent a criminal defendant. Chapter 1 PDF: https://www.calbar.ca.gov/sites/default/files/portals/0/documents/rules/Rules-of-Professional-Conduct-1.pdf |
|---|---|
| If you disagree with a lawyer's bill | California's Mandatory Fee Arbitration program lets clients dispute an attorney's bill; if the client requests arbitration through the program, the attorney must participate. Most fee arbitrations are run by local county bar association programs where most of the legal services were provided; if there is no local program, the State Bar may provide arbitration. Mediation is also available and is voluntary for both sides. A filing fee applies. Clients do not need a lawyer. State Bar program phone: 415-538-2020. |
| If a lawyer takes your money | The State Bar's Client Security Fund, funded by California lawyers, can reimburse people who lost money or property because a California lawyer committed theft or dishonest conduct. Reimbursement is discretionary and can be up to $100,000 per claim, depending on when the loss occurred. Negligence, malpractice and incompetence, interest, expenses and consequential damages are not covered, and you must be able to prove the lawyer received your money or property. Filing is free and no lawyer is required; filing does not stop statutes of limitations on other remedies. |
California rules to know first
| Getting a court-appointed lawyer | At the arraignment, if the defendant cannot afford a lawyer, the judge will appoint one, typically a public defender, free of charge. If the public defender cannot take the case or there is no public defender in the area, the court will usually appoint another lawyer. |
|---|---|
| Bail and release before trial | Each county superior court adopts a bail schedule under Penal Code § 1269b; it fixes the amount on which a person arrested without a warrant may be released before appearing in court. After the first court appearance, the amount of bail is within the judge's discretion and may be higher or lower than the schedule, subject to Penal Code § 1275 and controlling case law, including In re Humphrey (2021) 11 Cal.5th 135. Persons not entitled to bail are those charged with capital crimes when the facts are evident or the presumption great; felonies involving acts of violence when the facts are evident or the presumption great and the court finds by clear and convincing evidence a substantial likelihood that release would result in great bodily harm to others; and felonies when the facts are evident or the presumption great and the court finds by clear and convincing evidence that the person threatened another with great bodily harm and would likely carry out the threat. For serious and violent felonies and certain domestic-violence and stalking offenses, release on bail in an amount other than the schedule requires a hearing in open court. At arraignment the judge may release a defendant on his or her own recognizance, release under supervision, set bail, or not set bail; typically, someone charged only with misdemeanors will be released on their own recognizance. Arraignment options: https://selfhelp.courts.ca.gov/criminal-court/overview/arraignment ; bail amounts vary by county. |
| Felony classes and sentences | California does not group felonies into lettered classes; each statute sets its own term, usually as a 'triad' of lower, middle and upper terms. The default rule: "Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony is punishable by imprisonment for 16 months, or two or three years in the state prison unless the offense is punishable pursuant to subdivision (h) of Section 1170" (in which case the term is served in county jail). Many offenses are 'wobblers' that can be charged as either a felony or a misdemeanor. Statute quoted in 'Felony Sentencing After Realignment' (J. Richard Couzens, Sept. 2012), published by the Santa Clara County Superior Court. |
Find and check a lawyer
| Lawyer referral service | The State Bar of California does not run its own referral service ("the State Bar is not a Lawyer Referral Service"); it certifies lawyer referral services that meet standards approved by the California Supreme Court. A certified service can help you decide whether you need a lawyer and, where available, refer you to a local lawyer in good standing with professional liability insurance who handles your type of problem; you do not have to hire that lawyer. "Lawyers referred to you will offer you an initial consultation for a reduced fee or no fee." Find a certified service with the State Bar's online directory by county, area of law and language. The California Courts self-help guide says referral services typically list lawyers who meet for 30 minutes for a small fee (around $40). Courts self-help guide: https://selfhelp.courts.ca.gov/get-free-or-low-cost-legal-help |
|---|---|
| Check that the lawyer is licensed | The State Bar of California's "Check Attorney Profile" licensee search is the official tool for looking up California attorneys. |
| Check discipline history or file a complaint | Complaints about attorney misconduct are filed with the State Bar of California through its online complaint application; the bar's Public Trust Liaison Office helps members of the public with questions. Fee disagreements follow a separate fee dispute process. The State Bar also publishes recent disciplinary actions. Recent disciplinary actions: https://www.calbar.ca.gov/public/concerns-about-attorney/recent-disciplinary-actions ; Public Trust Liaison Office: https://www.calbar.ca.gov/public/concerns-about-attorney/public-trust-liaison-office |
Free legal help
| Free legal aid | All California superior courts have free legal self-help programs, where staff give legal information and help with forms but cannot represent you. For non-criminal cases, legal services programs give free or low-cost help depending on your income and type of problem; use LawHelpCalifornia.org to find local legal aid offices. LSC-funded legal aid organizations in California include Bay Area Legal Aid, California Indian Legal Services, California Rural Legal Assistance, Central California Legal Services, Greater Bakersfield Legal Assistance, Inland Counties Legal Services, Legal Aid Foundation of Los Angeles, Community Legal Aid SoCal, Legal Aid Society of San Diego, Legal Services of Northern California and Neighborhood Legal Services of Los Angeles County. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
|---|
All legal help in California · Background guide
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.