Hiring a Criminal Defense Lawyer in Texas
How criminal defense lawyers in Texas 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 Texas: fee rules
| Rules on contingency fees | Under Texas Disciplinary Rule of Professional Conduct 1.04(d), a contingent fee agreement must be in writing and state how the fee is determined; if the percentage differs for settlement, trial or appeal, each percentage must be stated. The agreement must state the litigation and other expenses to be deducted from the recovery and whether they are deducted before or after the fee is calculated. At the end, the lawyer must give the client a written statement describing the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.04(e) bars contingent fees for defending a criminal case. Rule 1.04(a) prohibits illegal or unconscionable fees. |
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| If you disagree with a lawyer's bill | The State Bar of Texas's Client-Attorney Assistance Program (CAAP), a confidential statewide dispute resolution service, helps clients and lawyers resolve minor disagreements and can help you communicate with your attorney about a fee, but it cannot recover fees or refunds. If you believe a fee is unjust or unsupported by the fee agreement or work performed, the bar advises filing a grievance; CAAP and the grievance process cannot be used at the same time. CAAP staff answer 1-800-932-1900. |
| If a lawyer takes your money | The State Bar of Texas Client Security Fund generally requires a grievance that results in findings that the lawyer stole the client's money or failed to refund an unearned fee, unless the lawyer is already disbarred, resigned in lieu of discipline or deceased, plus proof of the loss. Apply online within 18 months after the date of the disciplinary judgment. |
Texas rules to know first
| Getting a court-appointed lawyer | An indigent person is one who is not financially able to employ counsel. An indigent defendant is entitled to appointed counsel in any adversary judicial proceeding that may result in punishment by confinement. Once a request is made and adversarial proceedings have begun, the court must appoint counsel as soon as possible, but not later than the end of the third working day after receiving the request in a county with a population under 250,000, or the end of the first working day in a county with a population of 250,000 or more. To request counsel, the defendant completes a financial questionnaire under oath and/or answers the judge's or magistrate's questions under oath, and signs a statement that he or she is without means to employ counsel of his or her own choosing. The court may consider income and its source, assets and property, outstanding obligations and necessary expenses, the number and ages of dependents, and spousal income, but may not consider whether the defendant has posted or is capable of posting bail except as it reflects those circumstances. If the judge finds the defendant has financial resources to offset the cost of legal services, the judge may order the defendant to pay, up to the actual cost of the appointed attorney. Art. 1.051: https://tcss.legis.texas.gov/resources/cr/htm/cr.1.htm |
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| Bail and release before trial | Prisoners are bailable by sufficient sureties unless for capital offenses when the proof is evident. Since an amendment adopted November 4, 2025, bail must be denied to a person accused of murder, capital murder, aggravated assault causing serious bodily injury or involving a firearm, club, knife or explosive, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, trafficking of persons, or continuous trafficking of persons if the state shows after a hearing, by a preponderance of the evidence, that bail is insufficient to reasonably prevent willful nonappearance, or by clear and convincing evidence that bail is insufficient to reasonably ensure the safety of the community, law enforcement, and the victim; the accused is entitled to counsel at that hearing. Other constitutional provisions allow denial of bail for repeat felony offenders and for violations of release conditions or protective orders. A magistrate must make an individualized bail decision without unnecessary delay and not later than 48 hours after arrest, choosing a personal bond, a surety or cash bond, or denial of bail as permitted by law, and must impose the least restrictive conditions necessary. The amount and conditions of bail must be sufficient to give reasonable assurance of appearance but may not be used as an instrument of oppression; the magistrate considers the nature and circumstances of the offense (including violence), the defendant's ability to make bail, the future safety of the victim, law enforcement and the community, criminal history, and citizenship status. Bail schedules or standing orders inconsistent with these rules are not allowed, and a defendant charged with a Class B misdemeanor or higher who cannot post scheduled bail may file a sworn affidavit of financial inability. A public safety report must be ordered for Class B misdemeanors and higher. If the state is not ready for trial, a detained defendant must be released on personal bond or reduced bail after 90 days (felony), 30 days (misdemeanor punishable by more than 180 days), 15 days (misdemeanor punishable by 180 days or less), or 5 days (fine-only misdemeanor). Constitution: https://tcss.legis.texas.gov/resources/cn/htm/cn.1.htm |
| Felony classes and sentences | Texas grades felonies as capital felonies, felonies of the first, second and third degree, and state jail felonies. Capital felony: if the state seeks the death penalty, life imprisonment without parole or death; if not, life imprisonment for an offender younger than 18 at the time of the offense, or life without parole for an offender 18 or older. First degree: imprisonment for life or for any term of not more than 99 years or less than 5 years, plus an optional fine not to exceed $10,000. Second degree: not more than 20 years or less than 2 years, plus an optional fine not to exceed $10,000. Third degree: not more than 10 years or less than 2 years, plus an optional fine not to exceed $10,000. State jail felony: confinement in a state jail for not more than two years or less than 180 days, plus an optional fine not to exceed $10,000 (some state jail felonies are punished as third degree felonies in listed circumstances). Source: Tex. Penal Code §§ 12.31-12.35 |
Find and check a lawyer
| Lawyer referral service | The State Bar of Texas Lawyer Referral & Information Service (LRIS) helps you find a lawyer or other resource matched to your legal needs and financial means; staff cannot give legal advice. For Bexar, Dallas, Harris, Jefferson, Travis and Tarrant Counties, use the local certified lawyer referral service listed by the State Bar. For all other counties, call (800) 252-9690 (Monday-Friday, 8:30 a.m.-4:30 p.m. CST; Spanish spoken) or use the online referral. After the referral, you call to make an appointment; the lawyer provides up to a 30-minute consultation for no more than $20. LRIS has no participating attorneys who offer free or reduced-fee help, and fees after the consultation are set between you and the lawyer. |
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| Check that the lawyer is licensed | The State Bar of Texas's online membership directory (Find a Lawyer) provides basic information about attorneys licensed to practice in Texas. The bar notes the information is provided as is, without warranty, and that the directory is not a certified lawyer referral service. |
| Check discipline history or file a complaint | Grievances against Texas lawyers go to the State Bar of Texas Office of Chief Disciplinary Counsel. Complete the current grievance form (effective October 1, 2025) through the bar's online submission system, or mail or fax it to State Bar of Texas, Chief Disciplinary Counsel's Office, P.O. Box 13287, Austin, Texas 78711 (fax 512-427-4315); outdated or incomplete forms are rejected, and supporting documents should be copies. Within 30 days the Chief Disciplinary Counsel classifies the grievance as an Inquiry (dismissed) or a Complaint (investigated, with the attorney asked to respond). A dismissed grievance can be amended and re-filed within 20 days of the dismissal notice, and dismissals can be appealed to the Board of Disciplinary Appeals. Grievance Information Helpline: 1-800-932-1900. |
Free legal help
| Free legal aid | Free civil legal aid for low-income Texans is provided by regional legal aid programs. The Legal Services Corporation (LSC) lists three Texas grantees: Legal Aid of NorthWest Texas, Lone Star Legal Aid, and Texas RioGrande Legal Aid. The State Bar's LRIS page also links a self-service tool for finding free or reduced-fee legal resources by county. |
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All legal help in Texas · 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.