Hiring a Criminal Defense Lawyer in New Jersey
How criminal defense lawyers in New Jersey 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 New Jersey: fee rules
| Rules on contingency fees | In New Jersey, contingent fees are governed by Court Rule 1:21-7 ("Contingent Fees") as well as RPC 1.5. An Official Comment to Rule 1:21-7, effective September 1, 2024, sets requirements for retainer agreements in statutory discrimination (fee-shifting) cases: lawyers must disclose in the retainer agreement all identifiable fees or costs the client may have to pay, give an estimate of fees and costs and the range of value of the case at the start, keep the client informed of added fees and costs, and promptly tell the client when rising fees and costs are likely to leave little or no recovery. An agreement charging the greater of a contingent fee or an hourly fee payable even with no recovery is presumptively unreasonable; there is no cap on fees in statutory fee-shifting cases, but lawyers should tell clients when the fee percentage is higher than 33 1/3 percent. |
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| If you disagree with a lawyer's bill | New Jersey's Supreme Court created 17 district fee arbitration committees (volunteer attorneys and non-attorneys) that decide, at the client's request and through binding arbitration, whether a fee is reasonable; they cannot award malpractice damages. The attorney must tell you of your right to fee arbitration, and you must file a Fee Arbitration Request form within 30 days of that notice. Send it (five copies, with documents) to the district secretary for the county where the attorney has an office, with a $50 filing fee payable to "Disciplinary Oversight Committee" (a fee waiver can be requested). Arbitration is not available if the fee exceeds $100,000, more than six years have passed since the last services, a court has set the fee, or the dispute raises substantial legal questions. Disputes under $3,000 can be heard by one member; larger ones by a three-member panel. Hearings are private and confidential; refunds are due within 30 days, and appeals to the Disciplinary Review Board are allowed only on limited grounds. Forms hotline: 1-800-406-8594. |
| If a lawyer takes your money | The New Jersey Lawyers' Fund for Client Protection reimburses clients whose money was stolen by a New Jersey attorney, and can return money paid to an attorney when no services were rendered. It does not cover bad advice, losing a case, investments, fee disputes or malpractice. The attorney must be suspended, disbarred, in disability inactive status or deceased, and you must prove the attorney received and converted your money or property. Awards are up to $400,000 per claimant and $1.5 million total for all claims against one attorney. File within one year of the attorney's first discipline or death (the Trustees may allow late claims for good cause). There is no filing fee; file online or mail the Statement of Claim (original and two copies) to P.O. Box 961, Trenton, NJ 08625-0961; phone 855-533-3863, Option 2. |
New Jersey rules to know first
| Getting a court-appointed lawyer | The Office of the Public Defender represents, without expense, an 'indigent defendant' — a person formally charged with an indictable offense who does not have the present financial ability to secure competent legal representation (§§ 2A:158A-2, -5). Eligibility is determined on the basis of the need of the defendant, considering listed factors such as income, assets, ability to make bail and the ability to engage and compensate private counsel (§ 2A:158A-14); the court or a designated court office investigates the defendant's finances (§ 2A:158A-15.1). To apply, the defendant completes the court's '5A Form' (Uniform Defendant Intake); the case is then sent to the OPD regional office in the county where it will be heard. OPD does not represent people in Family Court domestic violence complaints, minor municipal court offenses, or parole violation matters. Statutes: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2A%3A158A-14&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2A%3A158A-14%5D2A%3A158A-14+application+fee+indigency&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; OPD overview: https://www.nj.gov/defender/clients/overview/ Source: N.J.S. 2A:158A-2, -5, -14, -15.1 |
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| Bail and release before trial | Under New Jersey's Criminal Justice Reform Act, the court makes the pretrial release decision, after considering a Pretrial Services risk assessment, no later than 48 hours after the eligible defendant's commitment to jail (§ 2A:162-16). The court must release the defendant on personal recognizance or on an unsecured appearance bond if that will reasonably assure appearance, public safety and no obstruction; otherwise it imposes non-monetary conditions (§ 2A:162-17). Monetary bail may be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance (§ 2A:162-15). On a prosecutor's motion, the court may order pretrial detention only if it finds by clear and convincing evidence that no amount of monetary bail, non-monetary conditions, or combination of them would reasonably assure those goals (§ 2A:162-18(a)(1)); there is a presumption of detention for certain murder and life-term charges (§ 2A:162-19(b)). The pretrial detention hearing must be held no later than the defendant's first appearance, or within three working days if the motion is filed later, absent a continuance (§ 2A:162-19(d)(1)). Source: N.J.S. 2A:162-15 to -19, -25 |
| Felony classes and sentences | New Jersey grades indictable offenses as 'crimes' of the first through fourth degree (it does not use the term felony). Ordinary prison terms are fixed by the court: first degree — between 10 years and 20 years; second degree — between five years and 10 years; third degree — between three years and five years; fourth degree — shall not exceed 18 months (§ 2C:43-6(a)). Maximum fines: $200,000 for a crime of the first degree; $150,000 for the second degree; $15,000 for the third degree; $10,000 for the fourth degree (§ 2C:43-3). Murder and extended terms are sentenced under separate sections. Fines: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A43-3&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A43-3%5D2C%3A43-3&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu |
Find and check a lawyer
| Lawyer referral service | Lawyer referral in New Jersey is run by county bar associations. The New Jersey State Bar Association lists the county bar associations that provide lawyer referral services; select your county of residence and contact that county's service directly (the NJSBA asks people not to contact referral services outside their own county). The New Jersey Courts say they cannot recommend a lawyer but point to this list. NJ Courts child support self-help page also links this list: https://www.njcourts.gov/self-help/child-support-custody |
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| Check that the lawyer is licensed | The New Jersey Judiciary (the Supreme Court regulates New Jersey attorneys) provides the Statewide Attorney Index, linked from the njcourts.gov Attorneys page, to look up attorneys admitted in New Jersey. Linked from https://www.njcourts.gov/attorneys |
| Check discipline history or file a complaint | Ethics grievances go to New Jersey's 18 district ethics committees, supported by the Supreme Court's Office of Attorney Ethics (OAE), which also investigates and prosecutes complex complaints. Call the Hotline for Ethics and Fee Arbitration Forms at 1-800-406-8594 and enter the zip code of the attorney's office to reach the district ethics committee secretary and request a grievance form (also posted on njcourts.gov). If a case goes to a hearing, it is open to the public; a panel dismisses or recommends discipline to the Disciplinary Review Board, and the Supreme Court makes the final decision. Discipline cannot recover money for you. To check discipline history, the Judiciary's Find a Discipline Case page links to the Disciplinary Review Board's searchable database of attorneys disciplined since 1988, plus OAE quarterly and annual discipline reports; attorneys may share names, so confirm you have the right person. Complaint brochure: https://www.njcourts.gov/sites/default/files/forms/12643_oae_comp_against_atty.pdf |
Free legal help
| Free legal aid | Legal Services of New Jersey's free LSNJLAW Hotline gives free legal advice, information and referrals to financially eligible low-income New Jersey residents in civil legal matters. Call 1-888-LSNJ-LAW (1-888-576-5529), Monday through Friday, 8:00 a.m. to 5:30 p.m., or apply online (about 5-7 minutes; an advocate contacts you within two business days). Help is available in all languages and for people who are hearing-impaired. LSC lists five New Jersey grantees: Central Jersey Legal Services, Essex-Newark Legal Services Project, Legal Services of Northwest Jersey, Northeast New Jersey Legal Services and South Jersey Legal Services. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in New Jersey · 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.