I am facing serious charges in a felony case of hit and run, and I do not have several thousand dollars to pay for an initial retainer. I cannot rely on a court appointed lawyer to fight for me. How can I find a good attorney that will have my best interests in mind, without having the means to pay such a large amount of money as a retainer? I am willing to pay in increments for as long as it takes, but no one of any substance seems interested.
Assuming you do not qualify for a public defender, you have two options:
1) Check your county's list of approved court appointed attorneys and look for their reviews on . Typically, the more client reviews and endorsements, the more accurate they are.
2) If you can't find someone that you trust, check for other criminal defense attorneys in the nearest communities, typically the larger cities will have more options.
Speaking from experience, I have accepted clients on a payment plan and I believe other criminal defense attorneys do as well. The problem here is that felonies usually require a higher retainer because they can take a lot of work so criminal defense attorneys are sometimes hesitant to commit to putting in a lot of work without a guarantee of payment. I'm more likely to accept payment plans if clients provide proof of income (like a payment stub they show me) and clearly explain how much money they have to committed to other expenses so I know how much they can afford.
The good news is that most attorneys provide free consultation appointments. Once you identify a good attorney on , call ahead ask (1) if they work with clients on payment plans; and (2) if they provide a free initial consultation (if it's far away you can ask them whether they will allow you to do it by phone).
I'd suggest using the find a lawyer function on avvo. Criminal defense attorneys should offer free consultations. Shop around and see what you can find. It's my opinion that a good criminal defense attorney is going to cost you a decent amount of money though.
Anthony Michael SolisCriminal Defense AttorneyLos Angeles, CA ·
Unfortunately, you won't likely find an attorney who can dedicate themselves to your case for a small amount of money. Lawyers usually want to secure their fees and the mere hope they will be paid doesn't usually cut it. That said, you may be able to find someone to help you, but it will take some work.
Call the local bar association and see if they have any referral service or can steer you in the right direction. However, lawyers in private practice expect to be paid for their services.
You won't find too many people in any line of work that can stay in business on a work now, get paid someday basis. Someone who is facing a felony charge is by definition someone who could be sent to prison, so absent a third party willing to guarantee payment, you simply aren't the best risk from a business standpoint. See if you can get a family member to lend you the required funds, or at least sign a contract guaranteeing payment. Good luck.
You are free to search for a private criminal defense attorney here on and then pay that attorney with your own money to represent you. That's how that works.
Like any other job, there are a few attorneys who are public defenders/appointed attorneys who may not work to their full potential. However, by far most public defenders/appointed attorneys work their asses off and do not deserve the insults of this question. As a public defender I engaged in litigation that as a private bar attorney could not be done because it is cost prohibitive. Moreover, most public defenders are dedicated attorneys who are not paid nearly enough for the work they do. The public simply does not realize that public defenders are criminal law specialists who deserve respect. As for not trusting a court appointed lawyer to fight for you, I wonder how you came to that conclusion. Just because a lawyer may tell you what you want in court is not possible is different than not fighting for you. An attorney has an ethical obligation to tell a client "no" when the client's idea is wrong or not based in law but based simply on the client's belief.
These are all good answers. If you can't come up with $5,000 or $10,000 to try to keep yourself out of prison now, why on earth would anyone put trust in your word that you'll come up with money later? In your case you are accused of an act showing major character flaws and a willingness to shirk responsibility in one of the worst possible ways. How do you think "trust me I'll pay you later" sounds to us?
You CAN rely on a court appointed lawyer to fight for you. If you have had a lawyer appointed to represent you and you do not feel as though that lawyer is doing enough, then ask that lawyer to withdraw from the case (it requires the judge's authorization). The staff attorneys with the Office of the State Public Defender are typically the only attorneys in a rural jurisdiction, such as yours, who handle criminal cases exclusively. Most private attorneys in small towns handle your divorce, your real estate transaction, your will, your probate matters, ... etc. So, usually in a small town, if you want a "criminal defense attorney" and not a "general practice" attorney, then go with the staff attorney with the SPD. If you have a private-bar attorney who is a "general practice" lawyer who accepts SPD appointments and you don't feel like this person is doing a good job, then get someone else. Your choices are NOT unlimited. The judge will only allow you to change attorneys a limited number of times, and there may not be a large number of attorneys qualified to handle your case who regularly practice in your jurisdiction. If you get the same advice from the second attorney, then you need to start to question whether the problem is not with the attorneys' advice, but with the way you are viewing the issues in your case. If you were involved in an accident and you drove away without giving anyone your name, address and insurance information, then you need to wrap your mind around the concept that you have committed a crime and will be punished for doing so. No attorney can change the facts of your case or the evidence, regardless of the size of their retainer or hourly rate.
One of the best ways to find a private attorney without having to pay a large sum for a retainer in a serious felony case is to look through , contact several criminal defense lawyers and discuss the problem you are having with paying a large retainer. Negotiate an affordable and agreed upon retainer for your case together with an installment plan so both the attorney and you are satisfied. There are lawyers willing to work zealously on your behalf as long as you keep up your end of the bargain by making timely installment payments.
