Do I need a criminal defense lawyer, and how do I get one?

Do I need a criminal defense lawyer?

If the charge can bring jail, the Constitution gives you the right to a lawyer, and you should use it from the start. The Sixth Amendment gives every person accused of a crime the right "to have the Assistance of Counsel for his defence." California's courts say: if you are facing misdemeanor or felony charges, talk to a lawyer. National Archives: Bill of Rights · California Courts

• The right starts early. It begins at your first appearance before a judge or magistrate, where you learn the charge and your freedom is restricted. After you ask, a lawyer must be appointed within a reasonable time.Rothgery v. Gillespie County, 554 U.S. 191 (2008)
• At every stage after the arraignment. In New York, a defendant has the right to a lawyer at the arraignment and at every stage after it. In Texas, a defendant in a criminal matter is entitled to be represented by counsel.N.Y. Crim. Proc. Law § 170.10 · Tex. Code Crim. Proc. art. 1.051
• Before you talk to the police. You can ask for a lawyer before and during questioning. What you say can be used in the case, so say clearly that you want a lawyer. See the police questioning guide.

You may represent yourself. A lawyer reads the charge, the evidence and the deadlines, talks to the prosecutor about any plea offer, and tells you what each choice could mean for jail, your record, your job and, for noncitizens, immigration.

A free lawyer: who gets a public defender, and how to ask

Ask the judge at your first court date. The court decides whether you qualify, usually from a short form about your income, property and bills.

• Any felony. A person charged with a felony who cannot afford a lawyer must be given one.Gideon v. Wainwright, 372 U.S. 335 (1963)
• Any case that ends in jail. Unless you knowingly and intelligently give up the right, you may not be jailed for any offense, whether it is called petty, a misdemeanor or a felony, if you had no lawyer at trial. A suspended jail sentence counts too.Argersinger v. Hamlin, 407 U.S. 25 (1972) · Alabama v. Shelton, 535 U.S. 654 (2002)
• Not when the sentence is only a fine. If the law allows jail but the judge imposes only a fine, the Constitution does not require an appointed lawyer; many states give one anyway.Scott v. Illinois, 440 U.S. 367 (1979)
• Federal court. Representation is provided for any financially eligible person charged with a felony or a Class A misdemeanor, and it includes counsel and investigative, expert and other services needed for an adequate defense. You fill in the Financial Affidavit, Form CJA 23.18 U.S.C. § 3006A(a) · Form CJA 23
• Texas and Florida. Texas appoints a lawyer for a defendant who cannot afford one when the case may end in jail. Florida's public defenders represent people who cannot afford a lawyer in cases that can bring jail.Tex. Code Crim. Proc. art. 1.051(c) · Fla. Stat. § 27.51(1)(b)

For the forms, the questions and what happens if the court says you earn too much, see Getting a public defender.

Misdemeanor or felony? What the charge can bring

The class of the charge sets the most the law allows, and it often decides whether you get a free lawyer. Each system draws the line its own way:

How fast must a criminal case move? Speedy-trial clocks

Every system sets a deadline for the trial, counted from a different starting point, with time that does not count when the defense asks for a delay or the court finds good cause. The calculator below counts the general rule in federal court and the states in the table; your lawyer checks which days are excluded.

What does a criminal defense lawyer cost? How the fees work

No state publishes a price for a defense lawyer. Private lawyers set their own fees, usually a flat fee for a stage of the case or an hourly rate, often against an advance. The rules that do exist protect you:

• No contingent fee in a criminal case. Under the ABA model rule, a lawyer may not charge a contingent fee for representing a defendant in a criminal case. The fee does not depend on winning, and you owe it either way.ABA Model Rule 1.5(d)
• The scope and the fee are explained. The scope of the work and the basis or rate of the fee must be communicated to you, preferably in writing, before or soon after the work starts.ABA Model Rule 1.5(b)
• An advance stays in trust. Fees paid in advance go into a client trust account and are taken out only as fees are earned or expenses incurred.ABA Model Rule 1.15(c)
• In writing in California at $1,000. A fee agreement must be in writing when fees and costs are expected to total $1,000 or more, the State Bar of California says.State Bar of California

Ask what is not in the fee: investigators, experts, lab tests, transcripts and a trial. In federal court, an appointed lawyer's work includes investigative and expert services needed for an adequate defense. Each state adopts its own version of the model rules, so ask how your state's rules apply.

Bar-run referral services connect you with a lawyer for your kind of problem. The ones this guide has checked publish a first-consultation price: the State Bar of Texas service up to $20 for up to 30 minutes, The Florida Bar service up to $25 for 30 minutes, and the New York State Bar Association service normally $35 for the first half hour; California certifies its referral services, which you search by county. See Find a lawyer or free legal aid for the details.

Check a lawyer's license in your state before you hire

Check the license before you pay an advance. Use the official search of the state where the case is filed: a lawyer licensed only in another state usually needs the court's permission to appear.

Lawyers are licensed by a state agency in each state, and that agency can tell you whether a person has a law license and may practice there, the American Bar Association says. Its list names the agency in every state: in some it is the state bar, in others the state's highest court or one of its agencies. The table below gives each one, with a link where the site is a government or state-bar site this guide links to. ABA: Lawyer Licensing

• Search the exact name on the license, and check that the status is active and the person is allowed to practice now.
• Look for public discipline. Many of these searches show it, and the same agency handles complaints about lawyers.
• A lawyer from another state usually cannot handle a case in your state's courts unless the court lets them in for that case.
• A business name is not a license. Ask for the lawyer’s own name and check that person, not the firm.

Questions to ask a criminal defense lawyer

A first meeting is for you to decide too. Bring the arrest paper, any bail or release order, the charging document and every court date, and ask:

• “Is your license active in this state, and have you handled this charge in this court?”
• “What is the most the law allows for this charge, and what are the usual outcomes here?”
• “What deadlines are coming, including my next court date and the speedy-trial clock?”
• “What does your fee cover, what is extra, and is a trial included?”
• “Is the advance kept in a trust account until it is earned?”
• “Who will handle my case day to day, and how do I reach them?”
• “If I am not a U.S. citizen, what could a plea mean for me?”

Common questions about criminal defense lawyers

Official sources

1. National Archives: The Bill of Rights, transcript (Sixth Amendment) archives.gov
2. Gideon v. Wainwright, 372 U.S. 335 (1963), U.S. Reports (PDF) loc.gov
3. Argersinger v. Hamlin, 407 U.S. 25 (1972), U.S. Reports (PDF) loc.gov
4. Scott v. Illinois, 440 U.S. 367 (1979), U.S. Reports (PDF) loc.gov
5. Alabama v. Shelton, 535 U.S. 654 (2002), U.S. Reports (PDF) loc.gov
6. Rothgery v. Gillespie County, 554 U.S. 191 (2008), U.S. Reports (PDF) loc.gov
7. 18 U.S.C. § 3006A: adequate representation of defendants (the Criminal Justice Act) govinfo.gov
8. U.S. Courts: Financial Affidavit, Form CJA 23 uscourts.gov
9. 18 U.S.C. § 3161: time limits and exclusions (the Speedy Trial Act) govinfo.gov
10. 18 U.S.C. § 3559: sentencing classification of offenses govinfo.gov
11. California Courts Self-Help Guide: Guide to criminal court courts.ca.gov
12. California Penal Code § 1382: dismissal for delay in trial leginfo.legislature.ca.gov
13. California Penal Code § 17: felony, misdemeanor and infraction leginfo.legislature.ca.gov
14. California Penal Code § 19: punishment for a misdemeanor leginfo.legislature.ca.gov
15. Texas Penal Code, Chapter 12: punishments (§§ 12.21 to 12.23, 12.33 to 12.35) legis.texas.gov
16. Texas Code of Criminal Procedure art. 1.051: right to representation by counsel legis.texas.gov
17. Florida Statutes § 775.081 (2026): classifications of felonies and misdemeanors flsenate.gov
18. Florida Statutes § 775.082 (2026): penalties flsenate.gov
19. Florida Statutes § 775.083 (2026): fines flsenate.gov
20. Florida Statutes § 27.51 (2026): duties of the public defender flsenate.gov
21. New York Criminal Procedure Law § 170.10: arraignment and the right to counsel nysenate.gov
22. New York Criminal Procedure Law § 30.30: speedy trial, time limitations nysenate.gov
23. New York Penal Law § 70.15: sentences of imprisonment for misdemeanors nysenate.gov
24. Pennsylvania Rules of Criminal Procedure, Rule 600: prompt trial pacodeandbulletin.gov
25. Kansas Statutes 22-3402: time for trial ksrevisor.gov
26. Code of Virginia § 19.2-243: limitation on prosecution of a felony after a finding of probable cause law.lis.virginia.gov
27. Minnesota Rules of Criminal Procedure, Rule 11: the Omnibus Hearing (Rule 11.09, trial date) revisor.mn.gov
28. Iowa Court Rules, Chapter 2: Rules of Criminal Procedure (Rule 2.33, speedy trial) legis.iowa.gov
29. State Bar of California: What to expect regarding fees and billing calbar.ca.gov
30. ABA Model Rules of Professional Conduct, Rule 1.5: Fees (written fee terms, contingent fees, the ban in criminal and divorce cases) americanbar.org
31. ABA Model Rules of Professional Conduct, Rule 1.15: Safekeeping property (fees paid in advance go into a client trust account) americanbar.org
32. State Bar of Texas: Lawyer Referral & Information Service texasbar.com
33. The Florida Bar: Lawyer Referral Service floridabar.org
34. New York State Bar Association: Lawyer Referral Service nysba.org
35. State Bar of California: certified lawyer referral services calbar.ca.gov
36. American Bar Association: Lawyer Licensing (the agency that licenses lawyers in each state, with its search), opened November 1, 2026 americanbar.org
37. Arkansas: Arkansas Judiciary attorney search, as the ABA lists it attorneyinfo.aoc.arkansas.gov
38. California: State Bar of California attorney search, as the ABA lists it apps.calbar.ca.gov
39. Connecticut: Connecticut Judicial Branch attorney and firm inquiry, as the ABA lists it jud.ct.gov
40. Florida: The Florida Bar member search, as the ABA lists it floridabar.org
41. Idaho: Idaho State Bar attorney roster, as the ABA lists it isb.idaho.gov
42. Indiana: Indiana Roll of Attorneys, as the ABA lists it courtapps.in.gov
43. Maine: Maine attorney directory, as the ABA lists it maine.gov
44. Maryland: Maryland Courts attorney search, as the ABA lists it mdcourts.gov
45. Minnesota: Minnesota Lawyer Registration Office public search, as the ABA lists it lro.mn.gov
46. Nebraska: Nebraska lawyer search, as the ABA lists it mcle.wcc.ne.gov
47. New York: New York State Unified Court System attorney search, as the ABA lists it iapps.courts.state.ny.us
48. North Carolina: North Carolina State Bar license verification, as the ABA lists it portal.ncbar.gov
49. North Dakota: North Dakota Courts lawyer search, as the ABA lists it ndcourts.gov
50. Ohio: Supreme Court of Ohio attorney search, as the ABA lists it supremecourt.ohio.gov
51. Texas: State Bar of Texas Find a Lawyer, as the ABA lists it texasbar.com

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