Hiring a Criminal Defense Lawyer in North Dakota
How criminal defense lawyers in North Dakota 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 North Dakota: fee rules
| Rules on contingency fees | Under North Dakota Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal, litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated; it must identify expenses the client owes whether or not the client prevails. At the end, the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined, including an itemization of expenses. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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North Dakota rules to know first
| Getting a court-appointed lawyer | The state Commission on Legal Counsel for Indigents provides indigent defense services to individuals the court determines are eligible under the commission's standards. A right to counsel through the commission exists for a defendant charged with a felony in district court, and for a class A or B misdemeanor in district court unless the court has determined there is no possibility of imprisonment. The commission's guidelines set financial eligibility at 125% of the federal poverty level; applicants above that generally do not qualify but should not be automatically denied, as exceptional factors are considered. A defendant requesting counsel at public expense must submit an application for indigent defense services; the commission's website directs applicants to file the application with the Clerk of Court in the county of the charge. Guidelines: https://www.indigents.nd.gov/sites/www/files/documents/Policies2025/Guidelines-Version-2026.pdf ; statute: https://www.ndlegis.gov/cencode/t29c07.pdf |
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| Bail and release before trial | Pretrial release is governed by N.D. Rule of Criminal Procedure 46 (the chapter 29-08 statutes on when bail must be taken are superseded by Rule 46). At the initial appearance, the magistrate must order release on personal recognizance or an unsecured appearance bond unless that will not reasonably assure the person's appearance; otherwise the magistrate may impose conditions such as supervision, employment or education requirements, travel/association/residence limits, no contact with alleged victims or witnesses, reporting, curfew, no firearms, no alcohol or unprescribed controlled substances, treatment, an appearance bond with a cash or security deposit not exceeding 10% of the bond amount, or a bail bond with sureties (or cash in lieu). Factors include the nature and circumstances of the offense, weight of the evidence, family ties, employment, financial resources, character, mental condition, length of residence, criminal record, record of appearances or flight, and danger to any person or the community. A person still detained 48 hours after the release hearing because they cannot meet the conditions may ask a magistrate to review them, and conditions may be amended at any time. By statute, the supreme court must establish a uniform bail schedule for individuals in custody who have not yet appeared before the district court, to be implemented by August 1, 2024. For purposes of setting release conditions at an initial appearance, an incarcerated individual is presumed indigent. Bail schedule statute: https://www.ndlegis.gov/cencode/t29c08.pdf |
| Felony classes and sentences | Offenses are divided into seven classes. Felonies: Class AA felony, maximum penalty of life imprisonment without parole (the court must designate whether the life sentence is with or without an opportunity for parole; a person sentenced to life with parole is not eligible for parole board consideration for thirty years, less sentence reduction earned for good conduct). Class A felony: maximum of twenty years' imprisonment, a fine of twenty thousand dollars, or both. Class B felony: maximum of ten years' imprisonment, a fine of twenty thousand dollars, or both. Class C felony: maximum of five years' imprisonment, a fine of ten thousand dollars, or both. Extended sentences under section 12.1-32-09 may also apply. Source: N.D.C.C. § 12.1-32-01(1)-(4) |
Find and check a lawyer
| Lawyer referral service | The State Bar Association of North Dakota's Lawyer Referral Service matches paying clients with lawyers. A referral includes a lawyer's name, phone number and up to a 30-minute consultation with a lawyer in the area of law and town or county you choose. The charge for a referral is $30. Phone: (866) 450-9579. |
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| Check that the lawyer is licensed | The North Dakota Court System (Supreme Court) publishes a lawyer search on its website that can be browsed by last initial, license status, city or state, plus a seniority list of currently licensed lawyers by bar admission date. The Disciplinary Board page links to it. |
| Check discipline history or file a complaint | The North Dakota Disciplinary Board, through the Office of Disciplinary Counsel, handles complaints about unethical conduct by lawyers licensed in North Dakota. Send a written, signed and dated complaint describing the conduct, with witness names and copies of relevant documents, to the Office of Disciplinary Counsel, 125 Slate Dr., Ste. 2, P.O. Box 2297, Bismarck, ND 58502-2297 (701-328-3925); you do not need a lawyer. Complaints without indications of misconduct are dismissed; others are investigated and referred to a district inquiry committee, which can dismiss, admonish, agree to probation or start formal proceedings that may go to a hearing panel and the Supreme Court. The process may take several months, and you get written notice of the outcome. A complaint does not change the outcome of a case and is not a claim for damages. |
Free legal help
| Free legal aid | Legal Services of North Dakota is a nonprofit that provides free legal assistance to North Dakota residents in a variety of matters based on income, and can check eligibility for the low-cost Volunteer Lawyers program. Call (800) 634-5263 if under age 60 or (866) 621-9886 if 60 or older (9 am-3 pm Central), or apply online. Dakota Plains Legal Services also provides free legal help to low-income people, older Americans and veterans in North and South Dakota, including tribal court matters. LSC lists Legal Services of North Dakota as its North Dakota grantee. LSND: https://lsnd.org/; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in North Dakota · 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.