How Much Does a Criminal Lawyer Cost in Canada?
A criminal lawyer in Canada can cost anywhere from about $1,500 for a simple guilty plea to well over $100,000 for a long trial on a serious charge. Most criminal defence lawyers charge a flat fee for each stage of the case rather than billing by the hour. Whether the case resolves early or goes to trial is the biggest factor in the final cost. For people with low incomes, legal aid covers many criminal charges where jail is a real possibility.
Typical criminal defence costs
| Type of case | Approximate legal fees |
|---|---|
| Guilty plea or early resolution, minor charge | $1,500 to $5,000 |
| Less serious (summary conviction) offence | $3,000 to $15,000 |
| Impaired driving, resolved before trial | $3,000 to $10,000 |
| Impaired driving, contested trial | $15,000 to $30,000 or more |
| One-day criminal trial (Ontario average) | About $6,100 |
| Serious indictable offence going to trial | $10,000 to $75,000 or more |
| Complex jury trial | $100,000 or more |
The Ontario trial figure comes from Canadian Lawyer's Legal Fees Survey as cited by Ontario defence firms. Other ranges reflect fees published by criminal defence firms, mostly in Ontario and British Columbia. For legal fees in general, see how much a lawyer costs in Canada.
How Criminal Lawyers Bill
Block or flat fees by stage
Most criminal defence lawyers in Canada quote a flat fee for a defined stage of the case. A typical structure looks like this:
- Initial stage: reviewing the police disclosure (the Crown's evidence), advising on options and negotiating with the Crown prosecutor.
- Resolution: a guilty plea, a withdrawal of charges, a peace bond or diversion, if the case ends here.
- Trial: a separate, larger fee if the case goes to trial, sometimes priced per day of trial.
- Appeal: a further fee if the decision is appealed.
Block fees give certainty. The lawyer carries the risk if the stage takes longer than expected, and the client knows the price upfront.
Hourly billing
Some lawyers bill criminal matters by the hour, especially complex cases. Published rates vary widely. Ontario fee guides put criminal defence rates at roughly $150 to $800 an hour depending on seniority, and BC guides commonly cite $300 to $750 or more for experienced counsel. Senior lawyers with strong trial records charge at the top of the range.
Retainer deposit
Criminal lawyers usually ask for a deposit before starting work. With block fees, the first payment often covers the initial stage of the case. The deposit is held in the lawyer's trust account and applied as work is billed. For more on how deposits work, see what a lawyer retainer is.
What is usually extra
- Expert witnesses, such as toxicologists in impaired driving cases or forensic accountants in fraud cases.
- Transcripts of court proceedings.
- Private investigators.
- Travel to courthouses outside the lawyer's area.
- Sales tax (GST, HST or QST) on fees.
Contingency fees are not allowed
Unlike personal injury cases, criminal lawyers cannot be paid a percentage based on the outcome. Ontario, for example, prohibits contingency fees in criminal matters.
Costs by Type of Charge
Impaired driving
Impaired driving (often called DUI) is one of the most common criminal charges in Canada. Published Ontario and BC fee guides put defence costs at roughly $3,000 to $10,000 when the case resolves before trial. Contested trials, especially those involving Charter arguments or expert testimony about breath or blood testing, commonly cost $15,000 to $30,000 or more. A conviction carries its own costs, including a driving prohibition, a criminal record, higher insurance premiums and possible employment consequences, which is why many people choose to hire a lawyer.
Minor and first-time offences
Charges such as minor theft, mischief or simple possession are often resolved early through diversion programs, peace bonds or withdrawn charges. Flat fees for these outcomes are usually at the lower end, often a few thousand dollars.
Assault and domestic charges
Costs depend on whether the charge proceeds summarily or by indictment, whether bail conditions need to be varied and whether the case goes to trial. Early resolutions commonly fall in the low thousands, while trials cost substantially more.
Drug, fraud and other serious charges
Complex cases with large amounts of disclosure, wiretap evidence, financial records or multiple accused can cost tens of thousands of dollars. Lengthy trials can exceed $100,000.
What Drives the Cost
- Resolution or trial. This is the single biggest factor. A negotiated outcome costs a fraction of a contested trial.
- Seriousness of the charge. Indictable offences with possible prison sentences involve more work and higher stakes.
- Volume of evidence. More disclosure means more review time.
- Charter applications. Challenging how evidence was gathered requires additional legal argument and court time.
- Number of court appearances. Each appearance, bail hearing or motion adds cost.
- Bail. A contested bail hearing is often billed separately.
- Lawyer experience. Senior lawyers with strong trial records charge more.
- Location. Fees tend to be higher in Toronto, Vancouver and other large cities.
If You Cannot Afford a Criminal Lawyer
Legal aid
Criminal law is the area legal aid covers most consistently across Canada. People who meet their province's financial eligibility rules can usually get help when a conviction could lead to jail or other serious consequences. Help may come as a legal aid certificate to hire a private lawyer who accepts legal aid, or through a staff lawyer. Youth charged with criminal offences often have broader access. Not every criminal lawyer accepts legal aid, and in some provinces a client cannot combine legal aid with private payments to the same lawyer. See legal aid in Canada for eligibility and how to apply.
Duty counsel
Duty counsel are lawyers available at most criminal courthouses, often through legal aid, who help people without a lawyer at bail hearings and early court appearances. They can give brief advice and speak to the court on the day, but they do not usually take on the whole case.
Law school clinics
Many law schools run clinics where supervised law students represent people on less serious criminal charges, usually summary conviction offences.
Licensed paralegals (Ontario)
In Ontario, licensed paralegals can represent clients on some minor summary conviction offences where the maximum penalty is limited. They cannot handle more serious criminal charges. See lawyer vs paralegal vs notary.
Payment plans
Some criminal lawyers accept payment in instalments, particularly with block fees. It is worth asking at the first consultation.
Frequently Asked Questions
Is a first consultation with a criminal lawyer free?
Many criminal defence lawyers offer a free or low-cost first consultation, especially for people who have just been charged. Ask when booking.
Do I really need a lawyer for a first offence?
Not always, but a criminal record can affect employment, travel and immigration status. A lawyer may be able to negotiate diversion, a peace bond or a withdrawal that avoids a record. At a minimum, speak with duty counsel or a lawyer before entering any plea.
Why do criminal lawyers charge flat fees?
Flat fees give clients cost certainty and reflect the fact that many criminal cases follow predictable stages. If the case goes to trial, a separate trial fee is usually quoted.
Can I get my legal fees back if I am found not guilty?
Generally, no. In Canada, an acquittal does not usually mean the government repays defence costs. Costs awards against the Crown are rare and limited to unusual situations, such as serious misconduct.
Does legal aid cover impaired driving charges?
Sometimes. Legal aid plans usually focus on cases with a real risk of jail. Many first-time impaired driving cases do not meet that test, but eligibility depends on the province and the circumstances.
How can I compare criminal lawyers?
Ask each lawyer about their experience with the specific charge, how often they go to trial, what the fee covers at each stage and what is extra. The questions to ask a lawyer before hiring can help, and every lawyer's licence should be checked with the law society.
Facing a criminal charge? Search LawyerDirectoryCanada.ca for criminal defence lawyers by province and city, and see the guide to hiring a lawyer in Canada.
Sources
- How Much Does it Cost to Hire a Criminal Lawyer in Toronto?, Mass Tsang
- How Much Does a Criminal Lawyer Cost in Ontario?, Frouhar Law
- Ontario Criminal Lawyer Fees, Fedorowicz Law
- Criminal Law: Fees for BC Criminal Defense Lawyers, Lawyers-BC.com
- Criminal defense lawyers: What is the price of criminal lawyers' services in Quebec?, JuriGo
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