If you've found yourself in a bit of criminal trouble, you will want to find the best attorney possible to give you legal advice. But a good legal defense could come with high legal fees. You may want to know a few things about how criminal defense and payment plans work before contacting a criminal lawyer near you to help with your pending legal issue.
How Are Criminal Defense Fees Calculated?
Criminal defense attorneys only receive payment for their services through their clients. Unlike in a civil case like personal injury, in a criminal case there are no monetary damages for attorneys to take a percentage of at the end. Nor are there attorney fees to recover. It all comes down to the defendant paying fees for their legal representation. Fees and costs will depend on the type of criminal charges, your defense strategy, the need for expert witnesses to help explain your side of the case, and the attorney's expertise, reputation, track record, and location.
Criminal defense attorneys will charge you one of three ways: a flat fee, an hourly rate, or a hybrid of the two with an initial down payment followed by hourly fees. You should receive a good estimate of the fees you will be facing after an initial consultation, which is often free. Most understand your predicament and are willing to put together a payment plan as a part of the fee agreement between you and the lawyer.
Working Out a Payment Plan
Criminal defense attorneys will often ask for a retainer upfront, which is a big lump sum of money you hand over at the beginning of your case. Your attorney takes payment from it every time they perform work. It may be hard to get a payment plan for the retainer because the fee structure of a retainer is the exact opposite of a payment plan. For a flat fee, most criminal defense attorneys will ask for a percentage of the full fee upfront and then monthly payments thereafter. By its nature this creates a monthly payment plan. Many law offices accept credit cards and debit cards for their legal services but may charge you an extra amount to cover the fees the credit card companies charge them.
As for work done at an hourly rate, the bill will usually be due within a certain amount of time of the hours being performed. Setting up a payment plan will still require you to pay some money upfront but will spread the overall bill out over time. You should definitely consult with a variety of criminal defense lawyers in your area until you find one that is a great balance between what you can afford and who you feel confident representing you during court appearances.
Public Defenders Can Be An Option
Always remember that if you can't afford a criminal defense attorney, you have the constitutional right to have one appointed for you in the form of a public defender paid by the government. Don't be fooled by their price. Many public defenders are outstanding at their trade and choose to be in their position because they believe a fair criminal justice system is vital to a healthy society. However, some criminal defendants prefer private attorneys. Defense attorneys in private practice may have more time and resources to work on their clients' cases or may have built up a reputation as an outstanding lawyer.
If you or someone you love is facing criminal charges, you will need representation. If you don't qualify for a public defender, contact as many qualified criminal defense attorneys as you can. Don't go by price alone — also look for experience defending your type of case and whether you are comfortable with the direction they want your defense to go, among other considerations. Be honest and upfront about what your financial situation and what you can afford. That will allow an open conversation with your potential legal counsel and a fair payment arrangement can be made.
Related Resources:
- Hire a Criminal Defense Lawyer (FindLaw’s Learn About the Law)
- Ways to Save on Legal Fees (FindLaw’s Learn About the Law)
