After being charged for a criminal offense, anyone charged will want to know, how much it is going to cost to hire a criminal defence lawyer. This is a very important and legitimate question. However, there is no definite answer to this question. The reason for that is that criminal lawyer fees in Ontario differ a lot depending on the type of crime a person is charged with, the severity of the charges, and the lawyer they choose.
This article reviews the details of how a Brampton criminal lawyer may structure their fees. Further, what are the main factors that determine the total amount of the fee, and what the possible drawbacks of paying too much attention to the price of hiring a lawyer are.
How Criminal Lawyers Charge: The Basics
The two ways in which criminal lawyers in Ontario charge potential clients, are either hourly rates or flat fees. Usually, flat fees are more common in criminal law because they give the client an estimate and a clear idea of what is involved, before they decide to hire the lawyer. Hourly rates are variable and are usually used in regard to complex cases.
Regardless of your payment method of choice, a retainer is usually required before legal services are provided. The retainer in this case is a kind of deposit, as it is not a fee but rather it functions as a kind of fund which is used to pay the lawyer but is not charged upfront.
Flat Fees for Criminal Charges
Often Brampton criminal lawyers provide fixed fees to their clients for simple matters. This may cover certain work, such as from first appearance to resolution or certain first number of court dates. Most clients often prefer fixed fees because they bring a feeling of certainty, especially when dealing with tough financing situations.
General flat fee ranges in Ontario for common criminal matters include:
- First appearance and early resolution matters: $1,500 – $3,500
- Impaired driving charges: $3,500 – $8,000+
- Assault charges, (depending on severity): $3,000 – $7,500+
- Domestic assault charges: $4,000 – $10,000+
- Drug offences: $3,500 – $20,000+
- Fraud and financial crime: $7,500 – $20,000+
These amounts are only estimates. The actual legal fees will depend on the circumstances of your case, the material to disclose and the developments of the case. Simple cases discovered at the beginning may turn into complex ones, once material is revealed.
Brampton Bail Hearing Costs
Due to the urgent nature of bail hearings, the amount is generally billed separately from the rest of the case even if the same attorney is responsible for all aspects of the matter.
In Ontario, bail hearings range anywhere from $1,500 to $5,000+, depending on how complicated the case is and how long the hearing takes. A simple bail hearing of a first-time offender on a minor charge will cost much less than a bail hearing for an offender with multiple previous convictions facing bail hearings on serious charges. Due to recent changes brought about by the new Bail and Sentencing Reform Act, have made many bail hearings more complicated than usual, increasing fees substantially.
It would be important to point out that, even if the hearing does not go favorably for the defence, the fees will still be applicable. The lawyer is obliged to provide competent legal representation instead of guaranteed positive results.
Brampton Lawyer Trial Fees
Trials are considered to be the most expensive step in all areas of criminal justice and rightfully so. Preparing for a trial is a long process, requiring a lot of work. This involves going through all files received from the prosecutor, preparing witnesses for trial, conducting legal research, and often spending numerous days in court.
Trial fees in Ontario typically depend on the length of the proceeding and type of trial:
- One to two day trials: $8,000 – $15,000
- Three to five day trials: $15,000 – $30,000
- Longer or more complex trials: $30,000+
The expenses tend to rise in the event that a situation involves many crimes, witnesses who provide expert accounts, charter arguments, or dozens of thousands pages of information provided to a client.
Factors That Affect the Costs of a Criminal Lawyer
No two cases of crime are the same, so there are many different things that can affect a lawyer’s fee. Below are some of the most common things are:
- The seriousness of the charges and consequences upon conviction
- The volume and complexity of the disclosure provided by the Crown
- Whether a bail hearing is required
- The number of court appearances needed before the matter is resolved
- Whether the case proceeds to trial and how long the trial is expected to last
- The experience and reputation of the lawyer you retain
More experienced lawyers with a good reputation in criminal law are usually more expensive. This shows that experienced lawyers may offer better representation than less experienced lawyers.
Payment Plans for Legal Fees
The legal fees charged by lawyers in Brampton can be a burden for a majority of families. This is the reason why many offer the possibility of payment plans during the first appointment with a client.
Generally, the client pays a part of the total flat fee of legal services at once as a form of retainer payment and the rest is divided into installments that the client has to pay during the process of the case. The details and conditions are different for each lawyer that is practicing and for each specific case.
Legal Aid Ontario is available for individuals who fall into the low-income criteria. The program covers many criminal cases and provides those who cannot afford lawyer services with the necessary legal assistance.
Why Cheaper Isn’t Always Better
It’s common to want to get the lowest price when faced with unexpected legal expenses, but that is rarely the case in criminal law. Having a criminal record in Ontario can mean facing repercussions far into the future, such as a criminal record, imprisonment, probation, restrictions on immigration and loss of your job or professional license.
A lower price does not always mean a better deal. Lawyers who charge significantly below the market rate may carry a higher caseload, have less experience with the specific charges you are facing, or simply cannot dedicate the time your file deserves. In criminal law, preparation is frequently the difference between a conviction and an acquittal.
Selecting the appropriate criminal lawyer is not a matter strictly from the legal standpoint. It is also a financial decision since the expense of your charges would have exceeded the costs of hiring the right kind of lawyer in Brampton.
Disclaimer: Information provided on this blog is for general informational purposes only, it does not constitute legal advice. If you have an upcoming first appearance at Brampton Criminal Court and need legal representation, contact us at Nirwal Law for a free consultation. We’re here to help.
