How Much Does a Criminal Defense Lawyer Cost in Maryland?

If you have been charged with a crime in Maryland, you have an important decision to make: Which criminal defense lawyer will represent you? Don’t take this decision lightly, because the wrong decision could result in an unnecessary criminal record or even incarceration. Your decision will need to take into account whether you can afford to pay the attorney’s legal fees. There is more than one way that a criminal defense lawyer might assess these fees.

Fee structures used by criminal defense lawyers

Although criminal defense lawyers use a variety of different fee structures, some are more common than others.

Flat Fee

Under a flat fee arrangement, your criminal defense lawyer will work for a predetermined amount -– $2,500 to handle a DUI, for example. Criminal defense lawyers use flat fees in more predictable or routine cases, such as misdemeanors. Many defendants like flat fee arrangements because of their clarity, simplicity, and lack of unpleasant billing surprises.

Billable hours

Under a billable hour arrangement, you pay your lawyer by the hour. If your lawyer charges $300/hour and spends 10 hours on your case, for example, your attorney’s fees will total $3,000. The billable hour arrangement is common for complex or uncertain cases -– for example, white-collar crimes or felonies.

Retainer fees

A retainer fee is a type of billable hour arrangement. You pay the lawyer a certain amount up front ($6,000, for example), and your lawyer will deduct an amount equal to their hourly rate times the number of hours they put into your case.

 

If the lawyer charges $250 per hour, for example, $6,000 will get you 24 billable hours. If the lawyer resolves your case with less than 24 hours of work, they typically owe you a refund. Check the terms of your retainer agreement for details.

Hybrid arrangements

An example of a hybrid arrangement might be a $3,000 flat fee plus $250 per hour if your case goes to trial. If you end up accepting a plea bargain, for example, your total attorney’s fees would be $3,000. If you went to trial and your lawyer needed 15 hours of work to resolve your case, your attorney’s fees would total $3,000 + 20 hours ($250/hour) = $3,000 + $5,000 = $8,000.

Sliding scale

Some criminal defense lawyers will offer a sliding scale fee structure. This is a cross between ordinary attorney’s fees and pro bono work (see below). You’ll most likely need it if you are too wealthy to qualify for a public defender but too poor to pay a private sector criminal defense lawyer. The attorney agrees to handle your case at a discount based on your income. There is no guarantee you’ll be able to find such a deal.

Pro bono

Pro bono is a Latin term meaning “free of charge.” Rule 19-306.1 of the Maryland Rules of Professional Conduct encourages full-time attorneys to aspire to provide at least 50 hours of pro bono legal service every year if they are engaged in full-time practice. If you are very lucky, you might be able to find a criminal defense attorney willing to represent you for free.

Public defender

A public defender is a full-time employee of the state of Maryland or, if you are facing federal charges, the federal government. If you qualify for a public defender, your total attorney’s fees will be zero. You cannot qualify for a public defender unless the court determines that you cannot otherwise afford a lawyer. You will have to disclose details about your finances to qualify for a public defender, and the court might refuse to appoint one for you.

Panel attorney

A panel attorney is a type of private sector lawyer that takes a reduced rate to serve instead of a public defender. A court will assign you a panel attorney if you qualify for a public defender but no public defender is available. Public defenders are typically very competent but overburdened with clients. You might not get the best representation simply because your public defender has too many clients to take care of.

Typical attorney’s fees in Maryland

Attorney’s fees vary based on the seriousness and complexity of the charges against you, and whether you go to trial. Here are some examples of the total attorney’s fees you can expect for various charges and circumstances.

Misdemeanors

Attorneys generally charge less for misdemeanors than felonies:

• Traffic offenses: $300–$750
• First-offense DUI/DWI: $1,500–$3,000
• Minor shoplifting or simple assault: $1,500–$5,000

These fees increase for second and further offenses.

Felonies

A felony charge can cost you much more than a misdemeanor in attorney’s fees alone:

• Burglary or felony drug charges: $5,000–$15,000
• Firearm offenses or aggravated assault: $10,000–$25,000
• Homicide or sexual assault: $25,000–$50,000+

If you are facing significant prison time no matter what the outcome of your case, your attorney might demand these fees up front, since you might be unable to pay attorney’s fees if you are incarcerated.

Trial vs. plea bargain

A plea bargain will save you money by avoiding the expense of trial. That doesn’t mean you should accept a plea bargain if you can win a trial. Nevertheless, trial preparation increases legal costs significantly. Motions, expert witnesses, and court time all factor in.

Factors that influence the cost of defense

Legal fees vary. Many factors could influence the amount you will have to pay including attorney experience and reputation, case complexity, location (legal fees are typically higher in Baltimore and other urban locations), and urgency (waiting until the last minute to contact a lawyer will cost you money). Other factors might also matter, depending on the specific facts of your case.

Additional expenses beyond attorney’s fees

Attorney’s fees are not the only fees you will have to pay to fight a criminal charge. You might also have to pay fees for private investigators or expert witnesses, transcriptions, travel, administrative charges, and other charges. In some cases, these fees might total thousands of dollars.

Payment plans

You might be able to convince a lawyer to offer you an installment payment plan–a certain amount per month, for example. This could be a tough sell if you’re facing possible jail time since you might not be able to work to earn the money to pay your installments.

Choose the right attorney, not the cheapest one

What price can you put on your freedom and your reputation? Even if you don’t go to jail, a criminal conviction can haunt you in many ways for the rest of your life. If at all possible, seek value over the lowest price. Make sure to demand a written fee agreement and transparent pricing.

Drew Cochran is an experienced and aggressive Maryland criminal defense lawyer who has seen it all. There isn’t much that can happen in a criminal prosecution that he hasn’t dealt with before. Don’t wait until it is too late. Contact Drew at your earliest convenience for a case consultation and a personalized cost estimate.