Answer FileCriminal Defense

How much does a criminal defense lawyer cost in California?

The answer, cited

Private criminal defense in California is usually billed as a flat fee by stage of case (pre-filing, pretrial, and trial priced separately), rather than hourly. Defendants who cannot afford counsel are entitled to a court-appointed attorney, typically the public defender, under Penal Code section 987 and the Sixth Amendment.

Criminal defense pricing tracks the life of a case. Most private attorneys quote a flat fee for the pretrial stage (arraignment, bail arguments, discovery review, motions, and negotiation) with trial, appeals, and outside costs such as investigators and expert witnesses priced separately. Business and Professions Code section 6148 requires a written agreement whenever expense will foreseeably exceed one thousand dollars, stating what the fee covers; the exclusions matter as much as the quote, so ask whether motions, probation violation hearings, and trial are included. Cost never means going unrepresented: Penal Code section 987 and the Sixth Amendment entitle a defendant who cannot afford counsel to an appointed attorney, requested at arraignment through a simple financial declaration, and California eliminated most fees once charged for appointed representation. Some counties operate alternate or conflict defender offices when the public defender is unavailable. Pre-filing engagement, before charges are decided, is a distinct service some offices price separately, occasionally where the most leverage exists.

Authority: Cal. Penal Code § 987

Source: Cal. Penal Code § 987 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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