How Much Does a Federal Defense Lawyer Cost

How Much Does a Federal Defense Lawyer Cost

You just got indicted federally and you need a lawyer but you have no idea what they actually cost. You’re hearing numbers from other defendants, from initial consultations, from family members who knew someone who faced federal charges. Fifty thousand dollars. One hundred thousand. Two hundred thousand for complex cases. You don’t have that money. You’re wondering whether those numbers are real or whether attorneys inflate costs, whether you can negotiate lower fees, whether payment plans exist, what happens if you simply cannot afford any private attorney. You need to understand actual costs, what determines them, and whether you have options besides liquidating retirement accounts or selling your house. Federal criminal defense is expensive because federal cases are complex, because prosecutors have unlimited resources, because one mistake costs you years or decades of your life. Federal criminal defense attorneys charge $300 to $700 per hour depending on experience and location. Experienced federal practitioners with decades of experience charge $500 to $700 per hour. Those hourly rates translate to retainer fees and total costs that shock defendants. Simple federal case – drug possession, one defendant, straightforward facts, plea deal likely – costs $30,000 to $75,000 from indictment through sentencing. Complex federal case – wire fraud, multiple defendants, thousands of documents, cooperation issues, possible trial – costs $100,000 to $250,000 or more.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, who has defended federal clients for many, many years. We’ve represented clients who paid full retainers upfront and clients who worked out payment plans over months. We’ve handled simple federal cases that cost fifty thousand dollars and complex multi-defendant prosecutions that cost two hundred thousand. Federal defense costs reflect case complexity, not attorney greed.

What Determines the Cost

Retainer fees are upfront payments that secure the attorney’s services. For federal felonies, retainers range from $25,000 to $100,000 depending on case complexity. That retainer gets applied against hourly billing as the case proceeds. When the retainer is exhausted, you replenish it. A $50,000 retainer at $500 per hour covers 100 hours of attorney work. If your case goes to trial, expect an additional $20,000 to $50,000 or more. Trial preparation requires 40+ hours minimum, and trial days cost $2,000 to $3,000 per day. Case complexity drives cost more than any other factor. Simple drug possession case with one defendant, caught with drugs, no conspiracy, minimal discovery – that’s the low end. Wire fraud case with five defendants, three years of financial transactions, cooperating witnesses, terabytes of emails – that’s the high end. Multiple defendants mean coordination issues, separate attorney conferences, complex plea negotiations. Trial preparation involves witness interviews, expert retention, motion practice, jury selection strategy. Each layer of complexity adds tens of thousands of dollars. Attorney experience affects hourly rates but also efficiency. Experienced federal defense attorney who’s handled hundreds of federal cases knows the judges, the prosecutors, the probation officers. They know which motions work, which arguments judges accept, how to negotiate effectively. Federal sentencing guidelines alone require expertise – one miscalculation in offense level changes your sentence by years. Geographic location changes costs significantly. SDNY and EDNY attorneys regularly charge $500 to $700 per hour. Federal districts in smaller cities might see $300 to $400 per hour.

Most people don’t have $50,000 to $150,000 sitting in checking accounts. Some federal defense attorneys offer payment plans where you pay the retainer in installments over months. Others accept credit cards. Family members often contribute – parents, siblings, spouses pooling resources. Home equity loans, retirement account withdrawals – defendants liquidate assets to pay for defense because the alternative is inadequate representation and decades in prison. Some attorneys work on hybrid fee arrangements – flat fee for specific services with hourly billing if the case goes to trial. A flat fee of $40,000 might cover everything through plea and sentencing but exclude trial. If you truly cannot afford private counsel, federal public defenders provide representation at no cost to defendants who qualify financially. You fill out a financial affidavit disclosing income, assets, expenses. If you qualify, the court appoints a federal public defender. Most federal defendants qualify.

You’re paying for investigation, motion practice, negotiation leverage, trial preparation, sentencing advocacy. Investigation means hiring private investigators, expert witnesses who cost thousands. Motion practice means researching case law, drafting motions to suppress evidence or dismiss charges. Negotiation leverage comes from prosecutors knowing your attorney will take the case to trial if the plea offer is inadequate. Sentencing advocacy is where experienced federal defense attorneys earn their fees. Federal sentencing guidelines determine your recommended sentence range. Small changes in offense level change sentences by years. Experienced attorneys know how to argue for downward departures, present mitigation evidence that persuades judges to impose below-guideline sentences. Federal conviction rate is 99% including guilty pleas, 83% at trial. Pro se defendants are convicted 94% of the time. The question isn’t “can I afford this attorney” – it’s “can I afford inadequate representation?” If you pay $75,000 for a federal defense attorney who gets your sentence reduced from 10 years to 5 years, you paid $15,000 per year of freedom. If you try to handle it yourself to save money and you get 15 years instead of 7 years, you saved $50,000 and lost 8 years of your life.

You find the money because not finding it costs more. You liquidate retirement accounts, take equity out of your house, borrow from family, sell assets, set up payment plans. You do whatever it takes because the alternative – inadequate defense in federal court – means decades in federal prison. The cost of a federal defense attorney is the cost of having a chance. Without one, you have no chance.

Todd Spodek has represented federal defendants throughout his career – SDNY, EDNY, district courts nationwide. Call 212-300-5196.