Facing federal criminal charges is an extremely serious matter. The U.S. Department of Justice (DOJ) and U.S. Attorney’s Offices pick and choose the cases they pursue; and, if you are under investigation or facing an indictment, this means that prosecutors are eyeing your case for a conviction.
Given that federal criminal charges often carry years (if not decades) of prison time and hundreds of thousands of dollars in fines, you need to defend yourself by all means available. You cannot afford to ignore your situation, and taking a wait-and-see approach will put you at an even greater disadvantage. But, does this mean that you need a lawyer? If so, how much will a federal criminal defense lawyer cost?
Why You Need a Federal Criminal Defense Lawyer if You are Facing Federal Charges
The answer to the first question is a clear, “Yes.” If you are facing federal charges, you need a federal criminal defense lawyer. As we discuss in greater detail below, the cost of hiring a lawyer will be well worth it, and there are virtually no circumstances in which you should try to handle a federal criminal case on your own.
Why do you need a federal criminal defense lawyer? Here are five critical reasons:
1. Federal Criminal Cases are Unique from State Criminal Cases
First, facing federal criminal charges is an entirely different matter from facing charges in state court. From the procedures involved to the substantive issues that can make or break the prosecution’s case, just about everything is different in federal cases. In order to have any reasonable chance of success, you will need an experienced federal criminal defense lawyer on your side.
2. Federal Criminal Cases are Highly Complex
Federal criminal cases are highly complex. From the government’s investigation through the federal grand jury process and going to trial, every stage in the process requires an in-depth understanding of the laws and rules that apply.
3. Federal Criminal Cases are High-Risk
As we mentioned already, federal criminal cases are extremely high-risk. You could be facing years or decades of prison time in addition to crippling financial liability. In short, you have too much at stake not to do everything you possibly can to protect yourself—and this starts with putting a lawyer with relevant experience on your side.
4. There are Several Options for Achieving a Favorable Outcome
Regardless of the facts of your case, you will have defenses available. If the government is still investigating your case, you may be able to achieve a favorable outcome before charges get filed. But, in order to do so, you will need to rely on the strategic representation of an experienced attorney.
5. There are Limited Options for Overcoming a Conviction
While there are several options for achieving a favorable outcome pre-verdict, there are limited options for overcoming a conviction. As a result, regardless of the circumstances at hand, you cannot bank on overturning your verdict on appeal. If you failed to preserve grounds for appeal during your trial, even the best appellate lawyers won’t be able to help you.
Understanding the Costs of Hiring a Federal Criminal Defense Lawyer
So, those are some of the most-important reasons why you need to hire a federal criminal defense lawyer. Now, how much is it going to cost?
If you look around online, you will find articles saying that legal fees for federal criminal cases can range from $100 to $150 per hour up to $1,000 per hour or more. While this may technically be true, (a) this is an extremely broad range, and (b) hourly rates don’t tell the whole story.
If an attorney is only charging $100 or $150 per hour to handle federal criminal cases, this most likely is not an attorney you want representing you. Why? Because this is an extremely low rate for federal criminal cases. This type of rate suggests a significant lack of experience, and lack of experience is not something you can afford when your future is on the line.
Consider this: The federal government pays attorneys who agree to represent indigent defendants a rate of $148 to $190. Why would a lawyer charge this much (or less) while also paying for advertising when the lawyer could get this much simply by signing up with a federal public defender organization?
When it comes to the cost of hiring a federal criminal defense lawyer, you also need to understand the complexity of your case. The more complex your case, the more time it will take to build and execute your defense strategy—and the more it will cost as a result. Yes, higher hourly rates will add up more quickly. But, if a lawyer who charges more is able to get you a better result, this could actually end up costing you less if you are able to avoid a greater sentence. A more experienced lawyer may also be able to resolve your case more quickly—and this will reduce the overall cost of your representation as well.
Understanding the Costs of NOT Hiring a Federal Criminal Defense Lawyer
When considering the cost of hiring a federal criminal defense lawyer, it is also important to understand the costs you will face if you do not hire a lawyer to represent you.
First, there are the direct out-of-pocket costs of presenting an effective defense. Whether or not you hire a lawyer to represent you, these are costs you will need to incur. Copying costs, transcription costs, travel costs, expert witness fees—these all add up, and they will all be for nothing if you aren’t able to defend yourself effectively.
Then, there are the costs of facing a federal conviction and sentencing unnecessarily. It is not hyperbole to say that a federal conviction will impact all aspects of your life. Even setting aside fines and prison time (which, of course, you cannot actually ignore), a federal conviction will irreparably damage your reputation, it will significantly degrade your earning capacity, and it will have consequences for your family life as well.
While it costs money to hire a federal criminal defense lawyer, in the vast majority of cases, these costs will be outweighed—and usually significantly so—by the costs of facing unnecessary consequences. In fact, a reputable federal criminal defense lawyer won’t take your case if it isn’t worth it for you. With that said, in the vast majority of cases it will be well worth hiring a lawyer, and hiring a highly-experienced federal criminal defense lawyer will cost you less in the long run.