Criminal Defense Attorneys

Q: Should I talk to police?

No. Politely decline, ask for an attorney, and stop talking. This applies whether you’re innocent or guilty. Police are trained to elicit statements; you are not trained to give them. Anything you say can and will be used against you — but exercising your Fifth Amendment right cannot be used against you. Invoke it clearly: "I want a lawyer. I’m not answering questions."

Q: Do I need a lawyer for a misdemeanor?

Yes. Misdemeanor convictions create permanent criminal records that affect employment, housing, professional licensing, firearm rights, and immigration status. Many misdemeanors carry up to a year in jail. Diversion programs, deferred prosecution, and conditional discharges can often eliminate the conviction entirely — but they have to be negotiated, and prosecutors rarely volunteer them.

Q: How does a plea deal work?

A plea agreement is a negotiated resolution where the defendant pleads guilty (or no-contest) in exchange for concessions: reduced charges, dismissed counts, recommended sentence, or pretrial diversion. About 95% of criminal cases end in pleas rather than trials. The quality of the plea depends entirely on the quality of the negotiation.

Q: Can I get my record expunged?

Most states allow expungement or sealing of qualifying offenses after qualifying waiting periods (often 3–10 years). Violent felonies, sex offenses, and DUIs are typically harder or impossible to expunge. Several states (Pennsylvania, California, Utah, Illinois, Michigan, New Jersey) have automated expungement for certain offenses through "Clean Slate" laws.

Q: How much does a criminal defense attorney cost?

Hourly or flat fee — contingency fees are prohibited in criminal cases under ABA Model Rule 1.5(d) and every state’s equivalent rule. Misdemeanors and most felonies are typically flat-fee. Complex cases (federal, capital, white-collar) are typically hourly with a retainer. Public defenders are available for defendants who can’t afford retained counsel.

DearLegal connects you with experienced criminal defense attorneys who know how the prosecutors and judges in your jurisdiction operate. Misdemeanors and felonies, state and federal charges, DUIs, drug cases, white-collar matters, domestic violence, post-conviction relief, expungement. We’ll match you with the right attorney near you — and the most important thing is getting counsel involved before anything else happens.

Should I talk to police?

Do I need a lawyer for a misdemeanor?

What’s the difference between state and federal charges?

State charges go through the state court system, are prosecuted by district attorneys or county attorneys, and follow state penal codes. Federal charges go through U.S. District Court, are prosecuted by Assistant U.S. Attorneys, and follow Title 18 and federal sentencing guidelines. Federal cases generally carry longer sentences, more complex pretrial procedure, and significantly tougher plea-bargaining dynamics.

How does a plea deal work?

Can I get my record expunged?

How much does a criminal defense attorney cost?

Why Do You Need a Criminal Defense Attorney?

A criminal charge is the most consequential legal document most people will ever face. It can take your freedom, your job, your housing, your professional license, your immigration status, your right to own a firearm, and your record for the rest of your life. The system runs fast. Bail and bond decisions happen within hours of arrest. Plea offers are made early and rescinded if you wait. Evidence — surveillance video, witness memory, phone data — degrades within weeks. Every word you say to a police officer, every text on your phone, every social media post becomes potential evidence against you. A criminal defense attorney is not an admission of guilt; it’s a statement that you understand how much is at stake. The single most important factor in case outcome — across every category from DUI to homicide — is whether the defendant has experienced counsel from the start.

Constitutional Rights

The Fifth Amendment protects against self-incrimination. The Sixth Amendment guarantees the right to counsel and a speedy trial. The Fourth Amendment protects against unreasonable searches. Every state constitution adds protections, and many are interpreted more broadly than the federal floor.

State Penal Codes

Every state has its own penal code defining offenses, classifications, and sentencing ranges. Felony classes (commonly A-F or 1-6) and misdemeanor classes (commonly A-C or 1-3) drive maximum sentences and collateral consequences.

Federal Sentencing Guidelines

Federal cases are sentenced under the United States Sentencing Guidelines (USSG) — an advisory but heavily-followed grid based on offense level and criminal history. Mandatory minimums for drug, firearm, and certain other offenses override the guidelines in some cases.

Statute of Limitations

Most states cap how long prosecutors have to file most charges (typically 3–7 years for felonies, 1–2 years for misdemeanors). Murder, certain sex offenses, and a small group of other crimes have no statute of limitations. South Carolina and Wyoming notably have no general SOL for criminal cases.

Expungement and Sealing

Every state allows some form of expungement or record sealing for qualifying offenses after qualifying waiting periods. Recent reforms (Pennsylvania’s Clean Slate Act, California AB 1076, Utah Clean Slate, Illinois automatic expungement) have expanded eligibility significantly.

Typical Attorney Fee

Flat Fee

When Do You Need a Criminal Defense Attorney?

Our network includes criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases

From the moment you connect with a criminal defense attorney, they go to work protecting your case. The most common matters we handle:

Talking to police, federal agents, or investigators without an attorney

Consenting to a search of your home, car, or phone

Missing court dates — bench warrants and bond forfeiture follow

Posting about the case on social media — prosecutors subpoena platforms

Deleting messages, emails, or photos (tampering with evidence is a separate felony in most states)

Accepting the first plea offer without exploring diversion, charge reduction, or trial viability

Failing to invoke your Fifth Amendment right clearly when questioned

Talking to police, federal agents, or investigators without an attorney

Consenting to a search of your home, car, or phone

Missing court dates — bench warrants and bond forfeiture follow

Posting about the case on social media — prosecutors subpoena platforms

Deleting messages, emails, or photos (tampering with evidence is a separate felony in most states)

Accepting the first plea offer without exploring diversion, charge reduction, or trial viability

Failing to invoke your Fifth Amendment right clearly when questioned

Common Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under ABA Model Rule 1.5(d) and every state’s equivalent rule. Misdemeanors and many lower-level felonies are typically flat-fee; complex cases (federal, capital, white-collar) use hourly billing. Public defenders are available for defendants who can’t afford retained counsel.

What Can Your Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress (Fourth Amendment violations), motion to dismiss for insufficient evidence, prosecutor’s nolle prosequi, or speedy trial dismissal. The best possible outcome.

Charge Reduction

Reduction from felony to misdemeanor, from higher-degree felony to lower, or removal of enhancement allegations (firearm, gang, habitual offender). Significant impact on sentencing and collateral consequences.

Pretrial Diversion and Deferred Prosecution

Programs that — upon completion of probation-like conditions — result in dismissal of the charges and (often) automatic expungement. Available in most states for first-time offenders and many non-violent felonies.

Negotiated Plea Agreement

Reduced charges, dismissed counts, agreed-upon sentence recommendations, alternative-sentencing programs (drug court, mental health court, veterans court). Approximately 95% of criminal cases end in negotiated pleas.

Trial Acquittal

Not-guilty verdict at trial. Constitutional double-jeopardy protection prevents the same charge from being refiled. Trial outcomes are statistically rare but vital when the defense theory is strong.

Post-Conviction Relief and Expungement

Sealing or expungement of qualifying offenses, sentence reduction motions, habeas corpus for constitutional violations. Clean Slate laws in multiple states automate expungement for many misdemeanors and lower-level felonies.

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney?

When Do You Need a Criminal Defense Attorney?

Types of Criminal Defense Cases

Common Criminal Defense Mistakes

How Much Do Criminal Defense Attorneys Cost?

What Can Your Criminal Defense Compensation Include?

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