1. What Happens during a Criminal Lawyer Consultation?
A consultation should establish where the case stands and whether any immediate legal action is required. Someone facing a police investigation may need different advice from a defendant with a scheduled arraignment.
Check the Charges and Court Requirements
An arrest does not necessarily mean prosecutors have filed charges. An attorney can examine citations, booking records, and court documents to determine the case status.
Under California Penal Code §988, arraignment generally involves presenting the accusation and asking the defendant to enter a plea. Confirm the hearing date, court location, and release conditions.
The attorney should also determine whether state or federal law governs the prosecution. Related criminal law information explains how charges and court procedures differ.
Discuss Questioning and the Right to an Attorney
The Fifth Amendment protects against compelled self-incrimination. Miranda warnings generally apply before custodial interrogation. A suspect should clarify the legal implications of responding to police questioning.
California Penal Code §987 addresses representation at arraignment and appointment of an attorney for qualifying defendants who cannot afford one.
Ask whether the consultation includes preliminary advice only or whether the attorney has agreed to handle questioning or court proceedings.
2. How Much Does a Criminal Lawyer Consultation Cost?
California sets no uniform fee for private criminal defense consultations. Charges depend on the attorney's billing arrangement and services provided.
Identify Consultation Fees and Additional Costs
Some attorneys credit consultation payments toward future representation, while others charge separately. Defense fees may reflect the allegations, anticipated hearings, evidence review, and trial preparation.
| Fee Arrangement | What to Confirm |
|---|---|
| Initial consultation | Price, duration, and document review |
| Flat fee | Services and proceedings included |
| Hourly billing | Rates, deposits, and billing statements |
| Additional expenses | Investigators, experts, and other costs |
Initial consultation
- What to ConfirmPrice, duration, and document review
Flat fee
- What to ConfirmServices and proceedings included
Hourly billing
- What to ConfirmRates, deposits, and billing statements
Additional expenses
- What to ConfirmInvestigators, experts, and other costs
California Rule of Professional Conduct 1.5 prohibits unconscionable or illegal fees and contingent fees for defending criminal cases. Payment cannot depend on securing an acquittal.
Understand Flat Fees, Retainers, and Refunds
A flat fee covers agreed legal services. A true retainer compensates an attorney for availability rather than legal work. Rule 1.5 imposes specific requirements on nonrefundable true retainers.
Under Rule 1.15, advance fees generally belong in a client trust account until earned. Advance flat fees may be placed in an operating account if the applicable disclosure and agreement requirements are met.
When representation ends, the attorney generally must refund unearned advance fees. Review how the agreement calculates earned fees and handles unused payments.
3. What Should You Bring to a Criminal Defense Consultation?
Bring available records even if prosecutors have not disclosed their evidence. The attorney can identify additional documents after the initial review.
Prepare Court Records and a Timeline
Useful materials include:
- Arrest paperwork, citations, and release conditions.
- Court notices, case numbers, and hearing dates.
- Search warrants, charging documents, and property receipts.
- Relevant messages, photographs, videos, and witness contacts.
- Correspondence from prosecutors or previous attorneys.
Prepare a short timeline distinguishing personal observations from information provided by others. Preserve original electronic evidence without altering it.
These records help the attorney identify disputed facts, possible defense issues, and approaching deadlines.
Identify Separate Administrative Deadlines
A DUI arrest may trigger a California DMV Administrative Per Se suspension proceeding. Drivers generally have 10 days after receiving the suspension notice to request an APS hearing.
The DMV proceeding concerns driving privileges and operates separately from criminal prosecution. A court appearance does not replace the hearing request.
An attorney reviewing California DUI defense should check both proceedings and their deadlines.
4. What Should You Check before Signing a Fee Agreement?
A consultation does not necessarily include continuing representation. California law establishes requirements for written fee agreements and client payments.
When Does California Require a Written Agreement?
Under Business and Professions Code §6148, a written agreement is generally required when reasonably foreseeable total client expenses, including attorney fees, exceed $1,000. Statutory exceptions apply.
The agreement must describe the compensation basis, general services, and each party's responsibilities. The attorney must provide a copy signed by both parties.
Noncompliance may make the agreement voidable at the client's option, although the attorney may recover a reasonable fee for services performed.
Confirm Which Court Proceedings Are Covered
Representation for an initial appearance may exclude later motions, negotiations, or trial. Before signing, confirm whether the fee includes:
- Arraignment and subsequent court appearances.
- Evidence review and pretrial motions.
- Plea negotiations and trial preparation.
- Trial, sentencing, or postjudgment proceedings.
- Expert fees and other case expenses.
Services involving criminal defense and trials may extend beyond an initial appearance. The agreement should identify excluded services, additional charges, and who will handle court appearances.
5. Review Your Case before Hiring an Attorney
Before signing, confirm the charges, upcoming deadlines, representation scope, and payment terms. Our legal team can review available documents and discuss potential representation, subject to the firm's acceptance of the matter and an agreed scope of services.
09 Nov, 2026
