| Charge | Plea Deal | Trial | Fee Type |
|---|---|---|---|
| Misdemeanor | $2,000–$5,000 | $5,000–$10,000 | Usually flat fee |
| DUI (1st offense) | $2,500–$5,000 | $5,000–$10,000 | Flat fee common |
| DUI (2nd+ / injury) | $5,000–$10,000 | $10,000–$25,000 | Retainer or flat |
| Drug possession | $3,000–$7,000 | $7,000–$15,000 | Flat fee or retainer |
| Drug trafficking | $7,000–$15,000 | $15,000–$50,000+ | Retainer |
| Felony assault | $5,000–$12,000 | $12,000–$35,000 | Retainer |
| Burglary / robbery | $5,000–$15,000 | $15,000–$40,000 | Retainer |
| White collar | $10,000–$25,000 | $25,000–$100,000+ | Retainer + hourly |
| Federal charges | $15,000–$50,000 | $50,000–$250,000+ | Retainer + hourly |
| Factor | Public Defender | Private Attorney |
|---|---|---|
| Cost | $0 (if you qualify) | $2,000–$50,000+ |
| Caseload | 150–400+ cases | 20–50 cases |
| Time per case | Limited | Significantly more |
| Choice of attorney | Assigned to you | You choose |
| Experience | Varies (some are excellent) | You verify before hiring |
| Investigation resources | Limited budget | Private investigators, experts |
| Best for | Minor charges, tight budget | Serious charges, prison risk |
The two biggest cost drivers are charge severity and whether the case goes to trial. A straightforward first-offense misdemeanor with a clear plea deal might take an attorney 10–15 hours total. A complex felony that goes to jury trial can require 100–300+ hours of attorney time including investigation, motions, witness preparation, jury selection, and the trial itself. Expert witnesses ($2,000–$10,000 each for forensics, DNA, accident reconstruction) add significant cost in complex cases. Prior criminal record increases cost because sentencing exposure is higher, which means more preparation and higher stakes.
Criminal defense attorneys use three main fee structures. Flat fees are common for straightforward misdemeanors and first-offense DUIs — you pay one price for the entire case through resolution. Retainer fees are used for felonies and complex cases — you deposit money upfront and the attorney bills against it hourly ($150–$500/hour). Hourly billing without a retainer is rare in criminal defense. Most attorneys require some payment upfront because criminal cases cannot be dropped mid-case as easily as civil matters. Always ask what happens if the retainer runs out and whether trial is included in the quoted fee.