There is no set price. California lets criminal defense lawyers charge a flat fee or an hourly rate, but never a contingency fee, and the amount depends on the time and skill the case requires, which grows with a felony charge, more court hearings, or a trial. If the total is likely to exceed $1,000, the agreement must be in writing.
How criminal defense fees are structured in California
California law recognizes two familiar ways to price private criminal defense work, and Business and Professions Code 6148(a) expects the written agreement to state the basis, including any "hourly rates, statutory fees or flat fees":
- Flat fee. Rule 1.5(e) of the California Rules of Professional Conduct defines a flat fee as "a fixed amount that constitutes complete payment for the performance of described services regardless of the amount of work ultimately involved." The words that matter are described services: a flat fee covers only the stages the agreement lists, so check whether it ends at a plea or also covers a preliminary hearing, motions, trial, and sentencing.
- Hourly rate against an advance deposit. You pay a deposit and the lawyer bills time against it. Under Rule 1.15(a), advances for fees and costs go into a client trust account, and under section 6148(b) each bill must show the amount, rate, and basis for the fees, with costs listed separately.
One arrangement is not allowed. Rule 1.5(c)(2) bars "a contingent fee for representing a defendant in a criminal case," so the fee cannot depend on a dismissal or an acquittal. A fee described as "non-refundable" or "earned on receipt" is permitted only as a true retainer, which Rule 1.5(d) limits to a payment that secures the lawyer's availability, "but not to any extent as compensation for legal services performed or to be performed," and only if you agree in writing after disclosure.
What makes one case cost more than another
No statute sets criminal defense prices. Rule 1.5(b) lists the factors used to judge whether a fee is unconscionable, and several are the same things that move a quote: "the time and labor required," "the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly," "the time limitations imposed by the client or by the circumstances," and "the experience, reputation, and ability of the lawyer or lawyers performing the services." In a criminal case, those factors track concrete features of the case:
| Case feature | Why it can change the fee |
|---|---|
| A felony instead of a misdemeanor | A felony adds a preliminary hearing under Penal Code 859b, held within 10 court days of arraignment or plea unless both sides waive that time or the court finds good cause for a continuance |
| Custody | An arrested person must be brought before a magistrate within 48 hours, excluding Sundays and holidays (Penal Code 825), and an in-custody felony defendant's preliminary hearing timeline is enforced by dismissal, which compresses preparation |
| Contested motions | A motion to suppress evidence or to dismiss adds research, written filings, and hearings |
| Trial | Jury selection, witness preparation, and days in trial are work that a negotiated resolution does not require |
| Investigators and experts | These are costs rather than fees, so ask whether the quote includes them |
| A DUI arrest | Adds a separate DMV administrative process; see the firm's DUI defense costs page |
| Not a U.S. citizen | Penal Code 1016.3 requires defense counsel to give "accurate and affirmative advice about the immigration consequences of a proposed disposition" |
Costs that are separate from the lawyer's fee
A lawyer's fee pays for legal services. Other expenses in a criminal case are paid elsewhere or billed separately, and section 6148(b) requires the cost portion of a bill to "clearly identify the costs and expenses incurred and the amount of the costs and expenses." Expect to account separately for:
- Bail, or a bail bond premium, which is paid to the court or a bail agent rather than to the lawyer.
- Fines, fees, assessments, and any restitution a court orders after a conviction.
- Investigators, expert witnesses, and transcripts, unless the agreement says the fee covers them. A defendant who cannot afford a necessary expert may ask the court to fund it even with retained counsel; see court funding for a defense expert.
- Classes or programs a court orders as a condition of probation or diversion.
California rules that protect you when you pay a lawyer
- A written agreement. When it is reasonably foreseeable that total expense, including fees, will exceed $1,000, section 6148(a) requires a written contract stating the basis of compensation, the general nature of the services, and each side's responsibilities, with a signed copy given to you. If the lawyer does not comply, section 6148(c) makes the agreement voidable at your option and limits the lawyer to a reasonable fee. Exceptions include emergency services and a client's written waiver after full disclosure.
- Bills on request. You can ask for a bill, which generally must be provided within 10 days, and repeat the request at intervals of no less than 30 days (section 6148(b)).
- Where an advance payment is held. Advance fee deposits belong in a trust account (Rule 1.15(a)). A flat fee paid in advance can go into the lawyer's operating account only if the lawyer tells you in writing that you can require it to stay in trust until earned and that you are entitled to a refund of any unearned amount; if the flat fee exceeds $1,000, that agreement and disclosure must be in a writing you sign (Rule 1.15(b)).
- Refunds. When a representation ends for any reason, the lawyer "promptly shall refund any part of a fee or expense paid in advance that the lawyer has not earned or incurred," except a true retainer (Rule 1.16(e)(2)); see changing lawyers during a pending case.
- A relative paying the fee. A lawyer may accept payment from someone other than the client only if it does not interfere with the lawyer's independent judgment, confidential information stays protected, and the client gives informed written consent (Rule 1.8.6). The lawyer's duties run to the client, not to the person paying.
- Fee disputes. Under Business and Professions Code 6200, fee arbitration is voluntary for the client and mandatory for the lawyer once the client starts it, unless the client earlier agreed in writing to arbitrate all fee disputes under that article. In a criminal matter, the client can ask that the attorney arbitrator be a criminal law practitioner. The State Bar's fee dispute page explains that most arbitrations run through the local bar association in the county where most of the work was done.
If you cannot afford a private lawyer
If a private fee is out of reach, ask for appointed counsel at arraignment. Under Penal Code 987(a), a defendant who appears for arraignment without counsel must be told of the right to counsel. The statute continues: "If the defendant desires and is unable to employ counsel the court shall assign counsel to defend them." To decide, the court may require a financial statement under penalty of perjury, which section 987(c) makes confidential and privileged, with limited exceptions such as a perjury prosecution based on false information in it.
The former charges for appointed counsel have also been unwound. Penal Code 1465.9(a) made any unpaid balance of costs imposed under sections 987.4, 987.5(a), and 987.8, as those sections read on June 30, 2021, unenforceable and uncollectible, and the current Penal Code no longer contains them. If an appointed lawyer is not present when your case is called, see what to do when your public defender does not show up.
Questions to ask before you sign
- Is the fee flat or hourly, and exactly which stages does it cover, from arraignment through sentencing?
- What triggers an additional fee, such as a preliminary hearing, a motion, a trial, or a DMV hearing after a DUI arrest?
- Which costs, such as investigators, experts, and transcripts, are included, and which are billed separately?
- Will an advance flat fee stay in trust until earned, or go into the operating account with your written agreement?
- Is any part labeled non-refundable, and if so, does it meet the Rule 1.5(d) definition of a true retainer?
- Is a payment plan available, and what happens if a payment is late?
- Who will appear in court for you, and will a relative who pays the fee receive any case information? Under Rule 1.8.6, confidentiality still belongs to you.
For representation on a specific charge, see the Law Offices of David S. Chesley's criminal defense page.