Hiring a Criminal Defense Lawyer in Illinois

How criminal defense lawyers in Illinois 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 Illinois: 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. Linked from the Illinois Courts rules page: https://www.illinoiscourts.gov/rules/supreme-court-rules?a=viii Source: Illinois Rules of Professional Conduct of 2010, Rule 1.5
If a lawyer takes your money	The ARDC's Client Protection Program, funded by Illinois lawyers' registration fees, reimburses clients who lost money or property through a lawyer's intentional dishonesty while acting as their lawyer or fiduciary, or who lost unearned fees when a lawyer died or went on disability inactive status. The lawyer must have been disciplined by the Illinois Supreme Court or have died, and you must have made reasonable efforts at civil remedies. Negligence, fee disputes and insured or bonded losses are not covered. Maximum: $150,000 per loss and $1,500,000 for all claims about one lawyer. File within three years of learning of the loss or within one year after the lawyer was disciplined or died, whichever is later. Filing is free. Source: Illinois ARDC, Client Protection Program

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.

Linked from the Illinois Courts rules page: https://www.illinoiscourts.gov/rules/supreme-court-rules?a=viii

Source: Illinois Rules of Professional Conduct of 2010, Rule 1.5

If a lawyer takes your money

The ARDC's Client Protection Program, funded by Illinois lawyers' registration fees, reimburses clients who lost money or property through a lawyer's intentional dishonesty while acting as their lawyer or fiduciary, or who lost unearned fees when a lawyer died or went on disability inactive status. The lawyer must have been disciplined by the Illinois Supreme Court or have died, and you must have made reasonable efforts at civil remedies. Negligence, fee disputes and insured or bonded losses are not covered. Maximum: $150,000 per loss and $1,500,000 for all claims about one lawyer. File within three years of learning of the loss or within one year after the lawyer was disciplined or died, whichever is later. Filing is free.

Source: Illinois ARDC, Client Protection Program

Illinois rules to know first

Getting a court-appointed lawyer	Under Illinois Supreme Court Rule 401(a), an indigent defendant has the right to appointed counsel whenever the charge is punishable by imprisonment. The trial judge appoints the county Office of the Public Defender, which assigns the individual assistant public defender. Whether a person is indigent is left to the trial court's discretion based on as complete a financial picture as possible; a person need not be entirely without funds to be found indigent, and a court may not refuse appointment solely because the defendant posted bail. The Office of the State Appellate Defender handles appeals for indigent defendants. Office of the State Appellate Defender, Illinois Criminal Law Digest, ch. 14 (Counsel), § 14-1(d) Indigency Source: Ill. S. Ct. R. 401(a); People v. Campbell, 224 Ill. 2d 80 (2007); Burnette v. Terrell, 232 Ill. 2d 522 (2009); People v. Ellis, 309 Ill. App. 3d 443 (1999); People ex rel. Baker v. Power, 60 Ill. 2d 151 (1975)
Bail and release before trial	Illinois abolished cash (monetary) bail under the Pretrial Fairness Act (part of the SAFE-T Act); cash bail ended in Illinois courts on September 18, 2023, after the Illinois Supreme Court upheld the law in Rowe v. Raoul, 2023 IL 129248. The default is pretrial release on personal recognizance, with conditions. The State may seek detention only in specified cases by filing a petition; at the first detention hearing the State must prove by clear and convincing evidence that the proof is evident or the presumption great that the defendant committed a detainable offense, that the defendant poses a real and present threat to any person or the community or a high likelihood of willful flight, and that no conditions could mitigate that threat or risk. The court must revisit continued detention at later hearings. Effective date: Illinois Courts, 'A new era coming for pretrial practices in Illinois' (July 26, 2023): https://www.illinoiscourts.gov/News/1262/A-new-era-coming-for-pretrial-practices-in-Illinois/news-detail/ Source: 725 ILCS 5/110-6.1 (P.A. 101-652, 102-1104); Rowe v. Raoul, 2023 IL 129248
Felony classes and sentences	Illinois grades felonies as first degree murder, Class X, and Classes 1, 2, 3 and 4. Prison terms: Class X 6 to 30 years (extended term 30 to 60; no probation); Class 1 4 to 15 years (second degree murder 4 to 20; extended term 15 to 30); Class 2 3 to 7 years (extended term 7 to 14); Class 3 2 to 5 years (extended term 5 to 10); Class 4 1 to 3 years (extended term 3 to 6). Probation can be up to 4 years for Class 1 and 2 felonies and up to 30 months for Class 3 and 4 felonies. Felony fines can be up to $25,000 per offense or the amount specified in the offense, whichever is greater. Class 1: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-30.htm; Class 4: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-45.htm; fines: https://www.ilga.gov/Documents/legislation/ilcs/documents/073000050K5-4.5-50.htm Source: 730 ILCS 5/5-4.5-25, -30, -35, -40, -45, -50(b)

Full Illinois guide

Find and check a lawyer

Lawyer referral service	The Illinois State Bar Association's Illinois Lawyer Finder lets you search an online directory of lawyers by area and field of law, or call for a referral matched to your location and type of legal problem. ISBA says you can "receive a 30-minute consultation with a lawyer in your area for no more than $25." Phone referrals: 217-525-5297, Monday-Friday 9:00-3:00. You are not obligated to hire the lawyer; discuss fees for further services. Phone referral page: https://www.isba.org/public/phonereferral Source: Illinois State Bar Association, Illinois Lawyer Finder
Check that the lawyer is licensed	The Attorney Registration and Disciplinary Commission (ARDC) of the Supreme Court of Illinois runs the official Lawyer Search. Search by last name (with options for former names, exact or phonetic match) and optionally first name, status (such as authorized to practice), county, city, state or country. A Recent Status Changes tab lists lawyers whose status changed due to registration, MCLE non-compliance, or discipline or disability orders. ARDC: (312) 565-2600 (Chicago) or (217) 546-3523 (Springfield). Source: Illinois ARDC, Lawyer Search
Check discipline history or file a complaint	Complaints (requests for investigation) about Illinois lawyers go to the ARDC. File online, with the downloadable form, or by letter, mail, fax or email to the Chicago office (130 E. Randolph Dr., Ste. 1500, Chicago, IL 60601-6219) or Springfield office (3161 W. White Oaks Dr., Ste. 301, Springfield, IL 62704). There is no fee. ARDC generally notifies you in writing within two weeks whether it will investigate; the lawyer gets a copy of the complaint, and most investigations conclude within 90 days. General dissatisfaction with fees usually is not grounds for discipline, though improper, fraudulent or unrefunded unearned fees can be. Disciplinary case records are searchable on the ARDC site. Phone: (312) 565-2600 or (800) 826-8625 in Illinois (Chicago); (217) 546-3523 or (800) 252-8048 in Illinois (Springfield). Discipline case research: https://iardc.org/DisciplinarySearch Source: Illinois ARDC, File a Complaint

Free legal help

Free legal aid	The Illinois Courts self-help page links to IllinoisLegalAid.org to apply for legal aid, Illinois Court Help for referrals and e-filing help, and resources for self-represented litigants. Illinois's LSC-funded legal aid organizations, which give free civil legal help to eligible low-income people, are Land of Lincoln Legal Aid, Legal Aid Chicago and Prairie State Legal Services. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees Source: Illinois Courts, Self-Help; Legal Services Corporation, Our Grantees

Free legal aid

The Illinois Courts self-help page links to IllinoisLegalAid.org to apply for legal aid, Illinois Court Help for referrals and e-filing help, and resources for self-represented litigants. Illinois's LSC-funded legal aid organizations, which give free civil legal help to eligible low-income people, are Land of Lincoln Legal Aid, Legal Aid Chicago and Prairie State Legal Services.

LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees

Source: Illinois Courts, Self-Help; Legal Services Corporation, Our Grantees

All legal help in Illinois · 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.