Criminal Defense Retainer Based on Income

Sliding Fee Structure for Criminal Defense Representation

Our office offers a moderate means program to those individuals seeking an attorney who are unable to afford our standard fees. Most of our criminal defense matters can be handled on a flat fee structure, based on the nature of the charge and the court the charges arise from.

Our moderate means program is based on the Federal Poverty Level. Currently, for an individual, the 2017 Federal Poverty Level (FPL) is $12,060. For a family of two, the number increases to $16,240. Here is a grid summarizing the 2017 Federal poverty levels based on family size:

2017 Poverty Guidelines for the 48 Contiguous States and the District of Columbia

Persons in family/household Poverty guideline
1 $12,060
2 16,240
3 20,420
4 24,600
5 28,780
6 32,960
7 37,140
8 41,320

This grid is updated annually on the Federal Registry’s website:

https://www.federalregister.gov/documents/2017/01/31/2017-02076/annual-update-of-the-hhs-poverty-guidelines. Our sliding criminal law retainer fees will be reduced based on the client’s poverty level or percentage of income above the poverty level pursuant to the following outline:

Household Poverty Level 200% Above Poverty 300% Above Poverty 400% Above Poverty
1 12,060 24,120 36,180 48,240
2 16,240 32,480 48,720 64,960
3 20,420 40,840 61,260 81,680
4 24,600 49,200 73,800 98,400
5 28,780 57,560 86,340 115,120
6 32,960 65,920 98,880 131,840
7 37,140 74,280 111,420 148,560
8 41,320 82,640 123,960 165,280

If an individual’s income is between 200% and 299% of the FPL for their household size we will reduce our fees by 75%. For an individual earning 300 to 399% of the FPL we will reduce our fees by 50%. And for individuals making 400% of the FPL we will reduce our fees by 25%.

For example, a typical driving while license suspended in the third degree charge, a simple misdemeanor, our fee is $1,500. That fee will be reduced to $375 for someone at 200% of the FPL, $375 for someone at 300% of the FPL, and $1,125 for someone at 400% of the FPL. Here are some further examples:

Full Payment 75% Discount (200%) 50% Discount (300%) 25% Discount (400%)
Charge
DWLS $1,500 $375 $750 $1,125
Theft $1,500 $375 $750 $1,125
Drug Charges $2,500 $625 $1,250 $1,875
Assault $2,500 $625 $1,250 $1,875
DUI $5,000 $1,250 $2,500 $3,750

To qualify, we ask that you bring in copies of your two most receipt wage pay stubs. We are only able to offer this program in specific jurisdictions. Please contact our office to discuss your individual case and determine how we can best represent you.

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