Hiring a Criminal Defense Lawyer in Pennsylvania
How criminal defense lawyers in Pennsylvania 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 Pennsylvania: fee rules
| Rules on contingency fees | Under Pennsylvania Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in writing and state 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. At the end, the lawyer must give the client a written statement showing the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony or support, and contingent fees for defending a criminal case. Rule 1.5(b) also requires the basis or rate of the fee to be communicated in writing to clients the lawyer has not regularly represented. |
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| If you disagree with a lawyer's bill | Fee disputes are not normally handled through Pennsylvania's discipline process; the Disciplinary Board directs clients to contact the bar association in the county where the attorney practices. |
| If a lawyer takes your money | The Pennsylvania Lawyers Fund for Client Security reimburses victims of attorney dishonesty in the practice of law. The maximum award is $150,000 per claimant, with a $1,000,000 aggregate cap per attorney (effective February 24, 2014) that only the Supreme Court can exceed. Awards are discretionary. Filing is free and a lawyer is not required; mail the original signed Statement of Claim Form with supporting documents (scanned, emailed or faxed copies are accepted, though originals may be requested). |
Pennsylvania rules to know first
| Getting a court-appointed lawyer | Each county public defender is responsible for furnishing legal counsel to persons who lack sufficient funds to obtain legal counsel, in proceedings including juvenile delinquency, critical pretrial identification procedures, preliminary hearings, trials and post-trial motions, appeals, post-conviction hearings, extradition, probation and parole revocation, and any other situation where representation is constitutionally required. The public defender must be satisfied that the person lacks sufficient funds, and the applicant must sign an affidavit that he or she is unable to obtain counsel and provide other sworn information required; a false affidavit is punishable as perjury. Under the Rules of Criminal Procedure, counsel must be appointed in court cases before the preliminary hearing for defendants without financial resources or otherwise unable to employ counsel, and in summary cases when imprisonment is likely; the appointment continues through final judgment, including direct appeal. Rule 122: https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/234/chapter1/s122.html |
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| Bail and release before trial | All prisoners shall be bailable by sufficient sureties, unless for capital offenses or for offenses for which the maximum sentence is life imprisonment, or unless no condition or combination of conditions other than imprisonment will reasonably assure the safety of any person and the community when the proof is evident or presumption great. Excessive bail shall not be required. Under the Rules of Criminal Procedure, the types of release are: release on recognizance (ROR); release on nonmonetary conditions; release on unsecured bail bond (no money deposited); release on nominal bail (a nominal cash deposit with a designated surety); and release on a monetary condition, whose amount shall not be greater than is necessary to reasonably ensure the defendant's appearance and compliance with bail conditions. In deciding release, the bail authority considers factors including the nature of the offense and possible penalty, employment and financial condition, family ties, length of residence, age, character, reputation, mental condition, substance dependence, past compliance with bail, history of flight or escape, prior criminal record, and use of false identification. Rules: https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/234/chapter5/s524.html and https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/234/chapter5/s523.html |
| Felony classes and sentences | Pennsylvania grades felonies as first, second and third degree (murder is punished separately). Except as provided in 42 Pa.C.S. § 9714 (second and subsequent offenses), the maximum prison terms are: felony of the first degree, not more than 20 years; felony of the second degree, not more than ten years; felony of the third degree, not more than seven years. Maximum fines: $50,000 for murder or attempted murder; $25,000 for a felony of the first or second degree; $15,000 for a felony of the third degree (or any higher amount equal to double the pecuniary gain from the offense, or any amount specifically authorized by statute). Source: 18 Pa.C.S. §§ 1101, 1103 |
Find and check a lawyer
| Lawyer referral service | The Pennsylvania Bar Association's Lawyer Referral Service (LRS) connects people with a qualified attorney in the right location. Complete the online form (available 24/7) or call 800-932-0311 (select option 2) and describe your legal issue to get an immediate referral, then contact the attorney directly. The initial 30-minute consultation costs no more than $30. The PBA LRS operates in 47 of Pennsylvania's 67 counties. |
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| Check that the lawyer is licensed | The Disciplinary Board of the Supreme Court of Pennsylvania offers a public attorney search to view an attorney's contact information and disciplinary history. Search by last name, first name, attorney ID number, city, county or license status; status definitions are on a linked page. |
| Check discipline history or file a complaint | Complaints about Pennsylvania attorneys go to the Disciplinary Board of the Supreme Court of Pennsylvania and its Office of Disciplinary Counsel. File online with the electronic form, or print, sign and mail the complaint form (available in English and several other languages) to the district office where the attorney practices. You receive an acknowledgment and file number; Disciplinary Counsel investigates and may contact you, the attorney and others, and you get official notice of the outcome. Complaints are kept confidential except as the rules allow, and the process does not provide money or legal advice. The Board's attorney search shows disciplinary history; some prior discipline documents are online and others can be requested from the Executive Office ($0.50 per page). Board main line: 717.231.3380. |
Free legal help
| Free legal aid | Free civil legal aid for low-income Pennsylvanians is provided by regional legal aid programs. The Legal Services Corporation (LSC) lists seven Pennsylvania grantees: Legal Aid of Southeastern Pennsylvania, MidPenn Legal Services, Neighborhood Legal Services Association, North Penn Legal Services, Northwestern Legal Services, Philadelphia Legal Assistance Center, and Summit Legal Aid. |
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All legal help in Pennsylvania · 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.