Hiring a Criminal Defense Lawyer in Idaho
How criminal defense lawyers in Idaho 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 Idaho: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. Idaho also requires a lawyer, on reasonable request, to give the client a free accounting of fees and costs claimed or collected. |
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| If you disagree with a lawyer's bill | The Idaho State Bar's Fee Arbitration Program is free to clients and lawyers, and either may petition. It is not mandatory: the other side has 21 days to decide whether to sign the agreement, a mediator first tries to resolve the dispute, and binding arbitration happens only if both agree. Disputes of $2,500 or less go to one attorney arbitrator; larger ones to a panel of two lawyers and one non-lawyer. Decisions are issued within 15 days after the hearing, and the Bar has no appeal process. Source: Idaho State Bar, Fee Arbitration |
| If a lawyer takes your money | The Idaho State Bar Client Assistance Fund, financed by Idaho lawyers' annual fees, can reimburse clients for all or part of losses from an Idaho lawyer's dishonest conduct (theft, embezzlement, conversion, refusing to return unearned advance fees, or borrowing with no intent to repay); malpractice alone does not qualify. The maximum on any one claim is $25,000 under Idaho Supreme Court rule. File a notarized Client Assistance Claim Form with Bar Counsel's Office no later than three years after you knew or should have known of the dishonest conduct. |
Idaho rules to know first
| Getting a court-appointed lawyer | An indigent person who is detained, confined, or formally charged with a serious crime is entitled to counsel and defense services at public expense to the extent the person cannot pay. Idaho's State Public Defender provides representation. The court decides indigency, generally at the first court appearance, and presumes indigent: persons whose current monthly income does not exceed 187% of the federal poverty guidelines; persons (or their dependents) receiving public assistance such as food, health coverage, cash or child-care assistance under title 56; and persons serving a sentence in a correctional facility or housed in a mental health facility. The court may also consider income, property, obligations, dependents and the cost of bail. A convicted person may be ordered to reimburse costs unless it would cause manifest hardship. Right to counsel: https://legislature.idaho.gov/statutesrules/idstat/Title19/T19CH60/SECT19-6009 Source: Idaho Code §§ 19-6009, 19-6011 |
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| Bail and release before trial | A defendant charged with a crime not punishable by death must be admitted to bail or released on own recognizance before a plea or verdict of guilty. Magistrates and district courts set bail; bail stated on a warrant applies unless the magistrate finds good cause to change it. In setting release, bail amount and conditions the court may consider factors including employment and financial condition, family ties, residence history, character, the nature of the charge, prior record and past appearance in court, community ties, and the results of a pretrial risk assessment using a tool approved by the Idaho Supreme Court. The court must not require that bail be posted only in cash; bail may be a cash deposit, property bond or surety bond. After a hearing the court may increase or reduce bail, and a defendant may apply for a reduction for good cause with notice to the prosecutor. |
| Felony classes and sentences | Idaho does not sort felonies into lettered classes; each statute sets its own penalty. A felony is a crime punishable with death or by imprisonment in the state prison. Except where a different punishment is prescribed, every felony is punishable by imprisonment in the state prison not exceeding five (5) years, or by a fine not exceeding fifty thousand dollars ($50,000), or both. Definition: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch1/sect18-111/ Source: Idaho Code §§ 18-111, 18-112 |
Find and check a lawyer
| Lawyer referral service | The Idaho State Bar Lawyer Referral Service (LRS) is a public service of the Bar. Participating attorneys must be in good standing, have no pending public disciplinary complaints and carry professional liability insurance. "The fee for a referral is $35" (personal injury, medical malpractice and workers' compensation referrals are free), and "LRS attorneys have agreed to provide their clients with an initial up to a half-hour consultation at no fee"; later fees are negotiated with the lawyer. Start an online referral at idaho.community.lawyer or call 208-334-4500. |
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| Check that the lawyer is licensed | The Idaho State Bar's Attorney Roster Search lets you look up Idaho lawyers by last name (full or partial). If you cannot find an attorney, contact the Bar's Licensing Department at (208) 334-4500. The Bar also publishes definitions of license status categories. |
| Check discipline history or file a complaint | Grievances about Idaho lawyers go to the Idaho State Bar's Office of Bar Counsel. Complete the Grievance Form Packet with a signed, detailed written explanation and copies (not originals) of supporting documents, and mail it to Idaho State Bar, Office of Bar Counsel, PO Box 895, Boise, ID 83701. Bar Counsel reviews it for possible rule violations; outcomes range from dismissal (explained by letter) to private discipline or formal charges, typically in about three to four months, and you may ask for review by a three-member panel. The Bar handles ethics violations, not malpractice. Only public sanctions are posted on the Bar's Public Discipline and Other Notices page. Phone: 208-334-4500. Public discipline: https://isb.idaho.gov/bar-counsel/public-discipline/ |
Free legal help
| Free legal aid | Idaho Legal Aid Services, the state's LSC-funded legal aid organization, provides free civil legal help to eligible low-income Idahoans; statewide phone 208-746-7541 (idaholegalaid.org). The Idaho Volunteer Lawyers Program (Idaho State Bar) also offers legal assistance, and the Idaho Courts Self-Help Center provides free legal information and court forms. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees; IVLP: https://isb.idaho.gov/ilf/ivlp/legal-assistance/ |
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All legal help in Idaho · 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.