As I’ve said in prior posts, my goal with this blog is to offer honest, clear information from a lawyer who actually practices criminal defense law. In so doing, I may upset other attorneys, particularly those in my local area, but I will deal with that in an effort to make sure I’m as transparent as I can be. What I write below is my opinion and explains how I determine what to charge for a specific case. Other lawyers may have a different way of evaluating the cost, but this is mine, and I think it is similar to most.

How much a criminal defense lawyer costs is difficult to answer. There are many variables that go into it. First, is the case charged in federal, state or municipal court? That is easy to see if you have any paperwork relating to your case. A federal case will have a title that says United States of America (the plaintiff) v. _you, your friend or relative. A state charge will list the plaintiff as the State of Missouri (or whatever state brought the charge). Municipal can be a bit more tricky. In the St. Louis metropolitan area, we have over 80 different municipalities (crazy, I know) and many of them have their own police force and courts. Thus, if the plaintiff on the paperwork is City of _______ then it is municipal. Adding to the confusion, a lot of counties now file charges through a separate county police force. In that instance the plaintiff will be County of ______. The severity of the case can generally be discerned based on the court bringing the charge. It should come as no surprise that a federal case is about as serious as it can be. However, there is a bit of a blurry zone with respect to state and municipal cases. Some municipal charges like Driving While Intoxicate or Driving While Revoked can be quite serious and can result in someone losing their license to drive, not to mention they can also result in jail time depending on how they are resolved. Thus, just because something is a municipal offense does not mean it will be cheaper when it comes to hiring an attorney.

Adding to the confusion, some state charges that one may think would be serious because they are at the state level are really not nearly as severe as they appear. For example, say you are stopped while driving by a state highway patrol officer (trooper) and given a speeding ticket. Since the highway patrol are state employees, the only jurisdiction they have in which to file their tickets is in state court. That means the charge, rather than being an ordinance violation of the particular city where you were stopped, is instead charged as State of Missouri v. you. That said, at then end of the day, though, it is still just a speeding ticket.¹

Okay, you may be thinking, I’m charged with a state crime like stealing, what is the price for that? Here is where all the variables come into play. Any attorney who you call, tell them the charge and they instantly quote you a fee is an attorney you should not hire. Why? There are so many things a lawyer needs to know. First, is this your first felony charge? Are you on probation or parole currently? How many prior felonies have you had and what were the charges? How did they end? Have you ever been charged with anything else in the past, even if a lawyer told you it would be off of your record or even if it was dismissed? You will note that the questions so far have not even touched on the facts of the case for which you are calling. Believe me, lawyers are well aware of the fact that you have an explanation, story or insightful information about the charge that you can’t wait to discuss with us. However, these primary questions are significant and need to be answered. While I am getting the answers to these questions what I am actually doing is evaluating if I could make a strong argument to get the case dismissed or, if you wanted to proceed to trial, I’m also trying to decide if I could put you on the stand as a witness. While it is relevant as to how you got in this situation, good criminal defense lawyers are evaluating how they can get you the result you want by asking these initial questions. For example, if you have no prior felony cases and are charged with stealing something, I would probably also ask you about your finances. That may seem like I’m fishing for how much money I can charge you but, instead, what I’m doing is trying to decide if I could make a strong argument to a prosecutor that if you pay for the item up front, the case should be dismissed. Now, I’m not going to say that to you because I don’t want to get your hopes up and make you think there isn’t a lot of work to do in order to get you through this. After all, just getting a case dismissed can take months if not longer. Regardless, I’m evaluating what options I have to get this handled. Say, instead, you are charged with a drug possession case and you have three prior felony charges for drug possession. In that instance I am going to be trying to figure out if there is a drug court or other program you may qualify for that would end with the case being dismissed. All in all, any lawyer worth his or her salt will ask these questions at the outset. If they do not, run. Run fast and run far to a different criminal defense lawyer.

Once we get through the preliminary questions I am in a better position to evaluate how much work (time) I will need to put into your case to get you the result you want. All criminal defense lawyers know that you want the case dismissed if possible or, if that’s just not going to happen, you want probation. Accordingly, that’s what I’m thinking about while you are talking as I know that would be the best outcome for you, aside from an acquittal at trial.

The next bunch of questions relate to what you would view as a favorable outcome in the case. Say you are charged with a federal drug case and you have three prior state drug distribution felonies on your record. In that instance I know you will likely be deemed a ‘career offender’ on the federal case. That gets us down a rabbit hole of complicating issues, but the short version is that the sentencing range for you is going to be much, much higher than others who have no prior offenses and just happen to be charged out of the gate with a federal offense. Knowing the archaic sentences recommended to a judge when you are a career offender are preposterous, there will be a lot of work that I need to get done in order to get you a good result. If you are on a state drug case though and you have prior state drug charges, while drug court could be an option, if you are telling me you do not want to do drug court, then I am thinking about how I could get the case dismissed or how much time I would need to put into your case to get the result you are asking me to get. Of course your version of what occurred is important and, once I have a good understanding of your past, I will ask you what happened.

Now, here is the heart of all of this. Criminal defense lawyers are not allowed, according to the rules of ethics in each state, to charge you for results. Unlike personal injury, worker’s compensation attorneys or many others who you only pay if they win, criminal lawyers are not allowed to do that. Additionally, what you are seeking as a result for the case impacts my fee as well. Say you come in with an assault charge and explain you didn’t do it and intend to take the case to trial. Now, I like trials. Not only that, but I really like winning trials, and I will be very excited about yours, particularly if you have a good argument for me to make. However, trials take time. There are, in Missouri, depositions that we need to take. We also need to interview witnesses and use an investigator to serve subpoenas and locate evidence, people, etc. It may help you to know that most criminal defense lawyers have an hourly rate they use to determine the overall fee. For example, say someone comes in and wants me to defend them on a civil lawsuit (yes, I do that sometimes), my hourly rate is $300.00 per hour. Seems like a lot, but it’s actually only a little bit higher than the average in St. Louis (I’ve been a lawyer for 25+ years) and it is no where near the hourly for some of the other criminal defense lawyers in St. Louis. Thus, if you are telling me the facts of your situation and saying you plan to proceed to trial, I’m going to base my fee on the amount of time I think it will take to conduct the depositions, work with my investigator, prepare for trial and then how many days I think the trial would take and multiply that by my hourly rate. There is some flexibility in all of this, but that gives me a general idea of what I should be charging.

Conversely, say it is a stealing case and you have a few prior misdemeanor stealing convictions, but you have the funds to pay for whatever was stolen, or the person you stole from is a relative who is not furious about the situation and you inform me you just need treatment or some other help. There will still be a lot of time involved in your case to get you that result, but it will be less time than if I tried the case so the fee will be less.

There are many other variables that apply to a given situation, but this is generally my evaluation process. Lately, since I have a good idea of how to evaluate cases due to the length of time I’ve been a criminal defense lawyer, I have a good idea of how much time it will take to get the result you want. Accordingly, I have been moving to more of a fixed fee for specific charges. I think a lot of criminal lawyers who have been practicing as long as I have are doing the same thing. For example, say you have a prior state felony conviction on your record for something non-violent and are now charged with being a felon in possession of a gun in federal court, I have a current rate for that, and I charge everyone the same amount.

It should come as no surprise by now that there will be a number of factors that make what I just said somewhat inaccurate. If, before you hire me, you call my cell phone (yes, I give it out to clients and, in fact, it is listed on my website) constantly throughout the day, particularly a weekday when I’m in court, I may still take your case, but I’m likely going to charge you more than I otherwise would since it seems like you will likely take more of my time. I completely understand that when police are trying to find you or you are terrified about the likelihood of a criminal charge, you want to talk to a criminal defense lawyer, I do. However, most of us are in court almost all day during the week. If we have never met and you have not hired me but you feel comfortable enough to blow up my phone, my assumption is going to be that, once I am hired, you will continue to act the same way so I am going to add to you what you pay an amount that considers that extra communication. Sounds horrible, I know, but at least I’m honest about it and putting it here so you can understand what criminal lawyers think. I can’t imagine being in a situation where law enforcement is coming for me, and I can’t reach a lawyer so I am sympathetic to the fact that this is probably not how you normally act. Moreover, I am well aware that the chief complaint among clients for most criminal lawyers is trying to get in touch with them. I really do get all of that. However, that’s why you’re not calling my office, speaking with a paralegal or receptionist and then making an appointment for weeks in advance. You, even before hiring me, get my cell. You can text me, call me, leave a message. Likewise, my website provides an email address that goes directly to my cell phone. In short, make sure I am accessible. Most of the time my day begins at 7:00 a.m. and does not end until around 10:00 p.m. (no cap (lawyers can be hip, too)). Clients, friends and relatives of clients and people referred from my clients all know to expect that if they call me, they will get a call back, but it probably won’t be until later that night or sometime the next day. Obviously, that’s not the case for current clients, but for someone who has not hired me, that is just how it needs to be. After all, I owe a responsibility to my current clients to be focused on their case and their needs before I accept a new client. That means that, during most days, I am in court on clients’ cases and returning their texts and calls first.

It is difficult to write all of this for fear that I will look like an ass. Yet, I do not advertise at all, instead relying on former clients to refer their friends or family to me and it has been that way since I became a private attorney in 1999. Clearly I am not only a good lawyer, but I am accessible enough to people that I have not needed to spend money advertising. That brings me to an interesting point and a topic I was going to leave for another, separate blog…How to Choose a Criminal Defense Lawyer. I do have some guidelines and thoughts on the issue and things I typically say to clients to help them make a decision. Without question, however, I always tell every client to interview other lawyers, not just the one you were referred to or the first one you meet. You would do the same when buying a car (going to different dealers) and when talking with doctors so when your freedom could be at issue, hiring the best criminal defense lawyer you can is vital.

Okay, after taking all of this time and going off on some lengthy tangents, I do need to answer the question of the blog, right? The short answer is, ‘it depends.’ Your criminal history makes a difference; the type of charge matters as does which court the case was filed in (i.e. state, federal, municipal). Because of these variables, I can’t give you a menu of pricing, and any lawyer who does is not one you want handling your case. I can, however, give you some guidelines to consider that hopefully will help you. First, if you are meeting with a competent criminal defense lawyer, there is no bargaining. This is not a bizarre where we are discussing the cost of a lamp, you are hiring a professional who has the knowledge and experience not only to resolve your issue, but guide you through it; now is not the time to barter. As you see from the long discussion above, while we speak I am trying to evaluate what it will take for me to handle your case to your satisfaction. When I do give you a price, it is because that is what I feel I will need. It always amazes me when I explain the cost and why it is as much as it is (good criminal lawyers are not cheap) and I get a response requesting the fee should be considerably lower. Likewise, you are not helping the situation if you inform me that a different attorney who you spoke to earlier said they would take your case for less. I can’t think of a time where my response to that hasn’t been that they should go hire that attorney. Overall, I am giving you a price based on the work I know I will need to put into your case. Think about it this way, what if the lawyer you are speaking with agrees to lower their fee? Shouldn’t that make you question their legal ability? After all, if I cave to you, how am I expected to be a strong advocate for you before a judge or prosecutor? That never seems to be discussed, but I think it is telling.

Next, payment plans Where to begin? No lawyer likes them, but I think most of us realize they are necessary. Heck, I don’t know anyone who happens to have tens of thousands of dollars that can be paid instantly, me included, so I get that very few people can pay a significant legal fee all up front. That being the case, I tend to allow payment plans in some circumstances. However, and I can’t stress this enough, if you have a payment agreement with a lawyer, if you are unable to make a payment on time, you must contact the lawyer and then follow through on any amended payment agreement. I can’t tell you how many times I have had clients call on a Monday when a payment was due asking if they could pay it Friday as they had some emergency. I’m reasonable so I agree most of the time and, usually, I am told the payment will be made Friday at X time. Since I often want to talk with clients about their case, I will often suggest they bring it in Friday so we can meet to discuss their case. More often than not, I don’t hear from them come Friday. I will call and usually get no answer and then I won’t hear from the client for months. Eventually they will surface, sometimes with a payment and an apology and sometimes because they missed so many court dates that the judge ultimately issued a warrant and now they want me to fix the warrant. It is not fun sitting in my office on a Friday afternoon after a long week waiting for clients who fail to appear. As before, I can live with payment plans, but be honest with me (or your lawyer). Things happen, and when people come to me, usually a lot of things are not going right in their lives. I can be patient about money, but you must communicate with me and you must follow through with what you say you are going to do. Nothing bothers a private criminal defense lawyer more than dealing with trying to collect a fee. Some hate it so much that they refuse to do payment plans and require the full fee up front, no exceptions. If you do not have it, then they tell you to find a different lawyer. I’ve thought about doing that, but I recognize that I am a lawyer because I had parents who supported me, paid for me and gave me the opportunity. Without question lawyers need to give back and help others. It bothers me to think that, if you do not have enough money, you won’t be able to hire a good lawyer. Because of that concern, I do accept payment plans. However, as before, do not bargain or or try to get me to lower my fee as I’m already doing something many lawyers will not do and as my fee reflects the amount of time I will put into your case to get the job done correctly. Finally, and I can’t stress this enough, if a lawyer gives you a payment plan or you tell a private attorney when you will make a payment on a certain day, follow through on that without exception, especially if you were given an extension. Nothing frustrates lawyers more than having to spend extra time collecting money from clients.

Finally, as the old adage says, if it seems too good to be true, it probably is. Use common sense when hiring a lawyer. If you follow my advice and talk to a few before making a decision, those who know what they are doing and are competent to handle your case should all be charging around the same amount. If one is much lower, ask if that’s really who you want to handle a serious criminal case. You certainly do not need to hire the most expensive, but if a lawyer is unbelievably cheap by comparison, run away. Likewise, if you try barter with them and they cave and lower their price, is that who you want negotiating for you? Good lawyers are not cheap. Good lawyers know how much time it will take to get you the result you want and charge accordingly. Good lawyers are not going to be so desperate for clients that they lower their fee. Trust me when I say this, you want a good lawyer if you have a pending criminal charge. It amazes me how many people will come to me for a consultation only to leave explaining that I am too expensive. Quite often, they hire the cheap lawyer and return to me a few months later asking to hire me for the same price I quoted initially. Since their case has progressed and the lawyer they hired failed to do some of the work that needed to be done, almost always my fee is higher than it was initially as now I need to fix another attorney’s mistakes. Law is no different from anything else, you get what you pay for without question. If you interview four attorneys and all are priced around $5,000.00 for your case, but the fourth says he or she will do it for $1,000.00, I’d avoid that last one. Clearly they do not know what it will take to do a good job or they don’t care about the outcome they get for you. That or they are running a high-volume criminal defense business and you are merely a number to them. If you want a qualified, good criminal defense lawyer, you should plan to pay for one and none of us are cheap. There is a caveat to this situation, however, Assume you talk with four lawyers and all are around 5,000.00 and the fourth is $25,000.00. Just like before, I’d probably avoid the fourth lawyer. There is some price gouging that happens in criminal law, and I am shocked by what some lawyers charge just because they have a reputation for representing people for a lot of money. Certainly feel free to hire them, but I’d ask what extra you are getting for paying that much more than all of the others quoted. Chances are, they will not be able to give you a good reason for it other than they consider themselves the “best” in town. I’m willing to bet, regardless of what town you live in, they are likely no better than the other good lawyers in the area. Just like I wouldn’t pay the lowest, I’d probably not hire the highest either.

I hope this has helped. Again, I’m sorry if I came across as unpleasant, but I really wanted to write this giving you the point of view of an attorney. Anytime you can see both sides of a situation, I think it helps to understand it better, and I don’t think lawyers are as transparent as we could be with respect to cost. If you have an issue I have yet to address, please leave it in the comments, and I will do my best to get it answered.

Talk to you soon!

Jeffrey A. Goldfarb – http://www.314Law.Com