In California: my brother-in-law is being held on 12 charges of child molestation--some with potential terms of 25 to life. I'm positive the...

Question

In California: my brother-in-law is being held on 12 charges of child molestation--some with potential terms of 25 to life. I'm positive the charges are false, and I want to help him fight it. I've talked to two lawyers so far, one told me that I'd have to come up with $7500.00 for a retainer, but to expect to spend at least $10,000. He also suggested I find someone closer as travel charges could add up quickly. The second, more local lawyer told me I'd need $25,000 to retain him, and to expect to spend at least $50,000. I was good with the $10 to $20 grand range, not so much with 50 grand. Should I even be price shopping? Is there a way to know how much (in rough terms) this kind of defense should cost? I'm basically in the dark until we have an attorney---the PD won't tell us squat.

Answer

Thorough defense of such serious charges would normally cost what the second attorney told you, and possibly more. Most of us would not accept a client in such situation without at least the $25-50k in advance.

Answer

As a Former Deputy District Attorney and a Certified Criminal Law Specialist, with over 27 years of experience handling these types of cases, I have found that, through Preliminary Hearing, the retainers are between 10 to 15 thousand dollars and after PH, up to a trial, the costs are about 25 thousand, without investigator costs, are common. I wish you well in your search for experienced counsel.......David Wallin

Answer

I would need more information before I could offer any concrete guidance. The case sounds complex and it very likely is, but it might not be. A $10,000 estimate seems very low if it's supposed to cover the entire case. It's more sensible if it is only supposed to cover services through the preliminary hearing.

Bear in mind that the quality of a lawyer's work does not necessarily correspond to her rates. It's easy to assume that expensive lawyers will do a better job than inexpensive ones, but that's often not true. Some expensive lawyers either aren't very good and/or don't work very hard. And some inexpensive lawyers are outstanding.

It's wise to shop around, but you need to consider more than just price. If you know some criminal defense lawyers in the area, ask them who they think highly of. If you don't, see if anyone you know does. You might want to look for recently retired lawyers and ask them their opinions.

Even where fee quotes are concerned, make sure you know what they cover and what they don't. A higher number might be a better deal if it includes more services.

Finally, remember that your brother may qualify for a public defender. PDs are usually very good lawyers, but they are overworked. That means they can't give most of their cases enough time. A good private lawyer can probably put more time and resources into a case. All else being equal, that would be better for your brother. But all else isn't necessarily equal. You could end up spending a lot for a lawyer who does nothing to justify the cost.

Good luck.