1. What Should an Attorney Review before You Hire Them?
An initial review should identify the allegations, upcoming appearances, and any related proceedings before you agree on services and fees.
Police Contact and Upcoming Court Dates
An attorney can advise whether to answer investigators’ questions and communicate on your behalf. After charges are filed, the review should address arraignment, release conditions, and required appearances. Hiring an attorney does not itself excuse you from attending court.
State Charges and Separate Proceedings
State criminal cases in San Diego County proceed in the Superior Court of California, County of San Diego. Federal prosecutions follow separate federal procedures. A new charge may also trigger a separate probation violation proceeding. Ask whether the proposed engagement covers that matter, sentencing, and any appeal.
2. How Are Criminal Defense Fees Structured?
Compare the services covered and potential additional expenses, rather than the quoted fee alone.
Flat Fees, Hourly Billing, and Additional Expenses
Confirm whether the quote includes negotiations, motions, preliminary hearings, trial, and sentencing.
| Arrangement | How Billing Works | What to Confirm |
|---|---|---|
| Flat fee | Fixed payment for described services | Whether motions, preliminary hearings, and trial are included |
| Hourly billing | Charges for time worked | Rates, billing increments, and any advance deposit |
| Case expenses | Charges beyond the attorney’s fee | Approval and payment terms for investigators, experts, and other costs |
Flat fee
- How Billing WorksFixed payment for described services
- What to ConfirmWhether motions, preliminary hearings, and trial are included
Hourly billing
- How Billing WorksCharges for time worked
- What to ConfirmRates, billing increments, and any advance deposit
Case expenses
- How Billing WorksCharges beyond the attorney’s fee
- What to ConfirmApproval and payment terms for investigators, experts, and other costs
California Business and Professions Code § 6148 generally requires a written agreement when reasonably foreseeable total client expenses, including attorney fees, exceed $1,000, subject to statutory exceptions. It must describe the compensation basis, general services, and each party’s responsibilities. The client must receive a copy signed by both parties.
Advance Payments and Refunds
Paying upfront does not make a fee nonrefundable. Under California Rule of Professional Conduct 1.5, only a qualifying true retainer may be described as nonrefundable or earned on receipt, with the required disclosure and written agreement. A true retainer reserves the attorney’s availability. It does not pay for legal work.
Rule 1.15 generally requires advance fees to remain in a client trust account until earned. An advance flat fee may go into an operating account after the required written disclosures. If it exceeds $1,000, the client’s agreement must be in a signed writing. Unearned fees remain refundable if representation ends or the agreed services are not completed. Rule 1.5 also prohibits contingency fees for representing a defendant in a criminal case.
3. How Does an Attorney Prepare the Defense?
An attorney tests the evidence against each element prosecutors must prove and evaluates legal challenges, plea terms, and trial options.
Evidence Review and Search Challenges
Comparing reports with recordings and witness accounts can reveal disputed timelines or identification problems. Preserve original files and flag footage that could be overwritten. Do not alter evidence or contact witnesses in violation of court restrictions.
California discovery rules require specified prosecution disclosures, including exculpatory evidence, subject to applicable protections and procedures. An attorney can address missing materials and assess whether an unlawful search supports suppression of evidence.
Plea Decisions, Trial, and Sentencing
Before a plea, review the conviction, sentence, probation terms, and collateral consequences. A misdemeanor defense may still require close attention to employment or professional licensing. Immigration consequences deserve review before a plea, even when the proposed sentence avoids jail.
Felony representation may include preliminary hearings and challenges to sentencing enhancements. At trial, prosecutors must prove every element beyond a reasonable doubt. Defense work includes examining witnesses and challenging unreliable evidence. At sentencing, an attorney can present mitigation and dispute sentencing issues.
4. What Should You Bring to a Case Assessment?
Bring records showing the allegations and next court obligations. You do not need a complete file to seek advice.
Records and Questions to Prepare
Provide charging papers, citations, court notices, release orders, and any existing fee proposal. Identify prior convictions, pending cases, probation conditions, and immigration or licensing concerns. Explain who contacted you and when your next appearance is scheduled. Ask who will review discovery, appear in court, and provide updates. Check the proposed attorney’s licensing and disciplinary information through the State Bar of California.
5. Discuss Representation with SJKP
Provide SJKP with your charging papers, police contact details, and next court date to discuss representation. Confirm the assigned attorney, covered proceedings, fees, and expenses in the engagement agreement before assuming the firm will act for you.
09 Nov, 2026
