criminal defense attorney Archives

How to Choose a Criminal Defense Attorney

You have the constitutional right to choose an attorney to defend against criminal charges. However, in California this right does not extend to infractions or civil matters (even if they are based on criminal charges).

There are 3 Options

request the public defender
hire a private attorney
represent yourself

Self-representation (“In pro per”)

You have a constitutional right to represent yourself. However, even if you chose self-representation, the court can appoint an attorney to assist you with your defense. The court can also refuse to let you represent yourself if you are not mentally competent to stand trial. Self-representation can be a bad idea because you probably do not have the skills, expertise, or connections needed to defend against criminal charges.

Private attorney

You have the right to an attorney and can choose any licensed attorney to represent you. A “private attorney” is one that you chose and (usually) pay for their services.

Public defender

Each county in California has a public defender’s office that can represent you at little to no cost, provided you qualify financially. You do not have the right to chose which attorney from the public defender’s office will represent you. You can request a new public defender if you have a conflict with your appointed public defender.

Public defenders are typically experienced and skilled at all phases of criminal litigation, including negotiation, law and motion, and trial.

Public defenders usually carry a large case-load and therefore have limited time they can devote to each case.

How to Choose a Private Attorney

start looking early
ask for recommendations from friends and family
internet search

Hiring a Private Attorney

Here are a few things to think about when you choose a private attorney:

trust and respect
easy to work with
good communication
connections with local prosecutors and judges
skilled & experienced

Your attorney should have the skills and expertise for:

The type of case (Examples of case types: DUI, murder, fraud)
The defense strategies relevant to your case

Last thoughts on how to choose a private attorney

In summary, the more your attorney likes interacting with you, the more they will want to respond to you and work harder on your case.

RBX Law is a licensed California criminal defense lawyer.

Misdemeanor Diversion Can Get Your Case Dismissed

Misdemeanor diversion under Penal Code section 1001.95 is possible for most misdemeanor charges. However, it is not available for misdemeanor violations of:

Penal Code § 273.5 (domestic violence);
Penal Code § 243(e) (domestic violence battery);
Penal Code § 646.9 (stalking); or
Any criminal conviction that requires registration under section 290 (sex offender registration).

Applying for Misdemeanor Diversion

Ask the prosecutor for diversion. Many prosecutors offices already have a misdemeanor diversion program that they offer to defendants facing non-violent misdemeanor charges. Sometimes the prosecutor will offer diversion before any they file a criminal case. If the prosecutor does press charges, the defendant can still negotiate a diversion program with the prosecutor.
- Santa Barbara County Diversion Programs
- Los Angeles County Diversion Policy
Ask the Judge for diversion. Under Penal Code section 1001.95, the Judge may grant diversion even over the objection of the prosecutor. If the judge does grant diversion, the defendant must comply with the terms, conditions, and programs as ordered by the Judge.

Benefits of Diversion

If the judge grants diversion, criminal proceedings are suspended. If the defendant complies with all the terms, conditions, and program ordered by the Judge, at the end of the diversion period the judge must dismiss the case against the defendant.

Length of Diversion

Although diversion can be up to 24 months, it typically lasts 6 months to one year. For some prosecutor diversion programs, the length of diversion is 90 days. However, the defendant can ask the Judge to terminate diversion prematurely once they have successfully completed all conditions and programs.

Failing Misdemeanor Diversion

If the defendant does not comply with the terms and conditions of diversion, the judge will hold a hearing to determine whether to resume criminal proceedings. If the judge finds that the defendant has not complied with the terms and conditions, the criminal case against the defendant resumes.

Terms of Diversion

Terms and conditions of diversion are meant to address the criminal allegations. For example, if the charge is drunk in public, the judge could order the defendant to attend AA meetings or an alcohol course. For a petty theft charge, the judge could order the defendant to pay restitution for their damages and attend a theft awareness course.

How Much Does a Criminal Defense Attorney Cost?

Attorney cost varies depending on who represents you. There are three options for representation in criminal defense cases:

Self-representation
Public defender
Private attorney

Self-representation

Self-representation, commonly known as “in pro per,” has no attorney cost. However, you could have to pay court costs and discovery charges.

Public Defender

The public defender charges a minimal fee for representation, although the judge can chose to waive this fee. You could have to pay court costs and discovery charges.

Private Attorney Cost

Private attorney cost varies depending on the attorney and the facts of your case. Most attorneys require a retainer, but there are attorneys willing to do work hourly. Hourly fees vary, but typically criminal defense attorneys charge $250-750 per hour.

If you hire a private attorney, you will likely have to pay court costs and discovery charges.

What is a Retainer?

A retainer is a contract for a fixed amount of money in exchange for legal services. The retainer can be a lump sum that covers the entire case, or a down payment on the attorney’s hourly work*.

*If the retainer is a down payment on hourly work, you are entitled to refund of any unused funds when you case is concluded.

How much is a typical retainer?

Retainers typically range from $2,500 for misdemeanor cases to $15,000 for felony cases. Most attorneys charge extra to take the case to trial.

Can I negotiate the retainer amount?

Many attorneys are willing to negotiate the retainer amount and take monthly payments. You can also ask the attorney to divide the case into sections.

For example, you can set the attorney cost up to arraignment, with another payment due if the case proceeds past arraignment.

Whatever agreement you make with an attorney, be aware that you get what you pay for. If you want premium services, you should pay premium dollars.

Caution Against Self-Representation

Generally it is not a great idea to represent yourself. You likely do not have the same abilities of an experienced criminal defense attorney, including legal skills, experience with courtroom proceedings, and connections to district attorneys, judges, and court staff.

Do not represent yourself solely because you are worried that your attorney will not fight for you. Instead, take the time to hire an attorney that you trust and with whom you enjoy working.

Law Offices of Russell Brown

Criminal Defense Lawyer