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How Much Does a Criminal Defense Lawyer Cost in Arizona?

How Much Does a Criminal Defense Lawyer Cost in Arizona?

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

Wondering what a criminal defense lawyer costs in Arizona? There is no statutory rate: fees are set by agreement under Ethical Rule 1.5 and depend on the charge, the court, the stage, and whether the case goes to trial, with expert costs often billed separately and contingent fees prohibited. Compare quotes by scope, not price alone. Our consultation and written quote are free.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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As Seen On NBC News, USA Today, Digital Journal, AZ Central, Lamar, ABC News, Fox News

Recognized By

NTL Top 100 Trial LawyersNTL Top 40 Under 40 Trial LawyersElite Lawyer 2026 Criminal DefenseNational College For DUI DefenseDUI Defense Lawyers Association2025 Super Lawyers Southwest

How Much Does a Criminal Defense Lawyer Cost in Arizona?

Criminal defense lawyer cost in Arizona is set by agreement under Ethical Rule 1.5, not by statute, and depends on the charge, the court, the stage, and whether the case goes to trial. Fees are flat, often by stage, or hourly against a retainer for complex felonies, with expert costs billed separately.

It depends on four things: the charge, the court, the stage, and whether the case is likely to go to trial. There is no fee schedule in Arizona law; fees are set by agreement and governed by the reasonableness factors in Ethical Rule 1.5 of the Arizona Rules of Professional Conduct, found in Rule 42 of the Rules of the Arizona Supreme Court: the time and skill required, the novelty and difficulty of the case, the fee customarily charged in the locality, the amount at stake, time limitations, the lawyer’s experience and reputation, and whether the fee is fixed or contingent (contingent fees are prohibited in criminal cases). A misdemeanor resolved at a pretrial conference costs a fraction of a felony that goes to a jury, and a case retained before charges are filed is priced differently from one retained on the eve of trial.

Rather than quote numbers that vary from firm to firm and case to case, this guide explains how Arizona criminal defense fees are structured, what drives them, what is and is not included, and how to compare quotes so that the cheapest number is not mistaken for the best value.

How Arizona criminal defense fees are structured

Governing standard: ER 1.5 (reasonableness of fees) in Rule 42, Rules of the Arizona Supreme Court. Fee agreements must be in writing where required by the rule.

Flat feeMost misdemeanor and many felony cases

How it worksOne agreed fee for a defined scope, often through a stage (pretrial) or the whole case short of trialWatch forWhat stage the fee covers, and whether trial is a separate fee
Staged flat feesPre-charge, pretrial, trial

How it worksA fee for each phase, paid as the case reaches itWatch forClarity on what triggers the next stage
Hourly with retainerComplex felonies, white-collar, multi-defendant

How it worksA deposit billed against at the lawyer’s rate; replenished as usedWatch forThe rate, who bills (partner, associate, paralegal), and monthly statements
Costs beyond the feeAll cases

ExamplesExpert witnesses, investigators, forensic retesting, transcripts, subpoena fees, recordsWatch forWhether costs are included or billed separately, and who approves them
Related mattersDUI and licensing

ExamplesThe MVD hearing, interlock and licensing issues, set-aside and sealing petitionsWatch forWhether they are inside or outside the criminal-case fee

Contingent fees, where the lawyer is paid only on a favorable result, are prohibited in criminal cases under ER 1.5(d).

What Drives the Cost Up or Down

  • The charge. A Class 1 misdemeanor in a city court and a Class 2 felony in Superior Court are different amounts of work: discovery volume, motion practice, expert needs, and the number of hearings all scale with the charge. Mandatory-prison offenses, sex offenses, and cases with victims require more.
  • The evidence. A DUI with a blood result that needs independent retesting, a sexual-exploitation case with device forensics, or a fraud case with financial records involves expert costs that a simple possession case does not.
  • The stage. Retaining counsel before charges are filed can reduce total cost by shaping the charging decision and handling the MVD hearing early; retaining on the eve of trial compresses the same work into less time.
  • Trial. Jury trials are the most expensive phase and are almost always priced separately, because preparation, witness work, and days in court are unpredictable until the case is set.
  • The lawyer. Experience with the specific charge, trial record, and who on the team actually handles the case are the factors ER 1.5 recognizes and the ones worth paying for.

How to Compare Quotes

Ask every lawyer the same six questions: What exactly does the fee cover, and through what stage? Is trial included, and if not, what is the trial fee? Are experts, investigators, and costs included? Who will handle my case day to day? What is your experience with this specific charge in this court? What happens to the fee if the case is dismissed early? A written fee agreement that answers all six is what ER 1.5 contemplates, and a lawyer who will not put the answers in writing is telling you something. Our Arizona DUI cost and penalty calculator and DUI lawyer cost guide address the DUI-specific side.

⚠️ Why this matters: The cost of the lawyer is one line in the cost of the case. Fines and assessments (a first-offense DUI carries more than $1,500 in assessments before the fine under A.R.S. § 28-1381(I)), interlock and screening costs, lost work, insurance, and, above all, the price of a conviction on the record are the larger numbers. Fee decisions should be made against that total, not against the retainer alone.

What About a Public Defender?

A person the court finds unable to afford counsel is entitled to an appointed public defender under A.R.S. § 11-584, free or for a court-assessed contribution. Appointment happens at or after the initial appearance and covers the criminal case; it does not reach the pre-charge stage, the MVD hearing, or later sealing. Our public defender versus private attorney guide compares the two models honestly.

Key takeaway: Criminal defense lawyer cost in Arizona is set by agreement under ER 1.5’s reasonableness factors, not by statute, and depends on the charge, the court, the stage at which counsel is retained, and whether the case goes to trial. Fees are structured as flat fees (often by stage), hourly billing against a retainer for complex cases, and separately billed costs for experts and investigators; contingent fees are prohibited. Compare quotes by scope, trial coverage, costs, and who handles the case, and weigh the fee against the full cost of a conviction.

How Tamou Law Group Quotes Fees

We quote a written flat fee for a defined scope after a free consultation in which we learn the charge, the court, and the stage, and we tell you what is and is not included: which stage the fee covers, whether trial is separate, how expert and investigator costs are handled, and whether the MVD hearing or a later sealing petition is inside the scope. The attorney who quotes the case is on the team that handles it. In every Maricopa County court.

Related guides: Arizona DUI cost and penalty calculator, how much a DUI lawyer costs, public defenders: myths and realities, and our Arizona criminal defense hub. Call 623-321-4699, 24/7.

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Common Questions

Frequently Asked Questions

How much does a criminal defense lawyer cost in Arizona?

There is no set rate. Fees are agreed between lawyer and client under the reasonableness factors of Ethical Rule 1.5 and depend on the charge, the court, the stage at which counsel is retained, and whether the case goes to trial. A misdemeanor resolved before trial costs a fraction of a felony jury trial.

Do criminal defense lawyers charge flat fees or hourly?

Both. Most misdemeanor and many felony cases are quoted as a flat fee for a defined scope, often by stage (pretrial, trial). Complex felonies, white-collar, and multi-defendant cases are more often billed hourly against a retainer. Contingent fees are prohibited in criminal cases under ER 1.5(d).

What does a criminal defense retainer cover?

Whatever the written agreement says it covers, which is why the scope matters: the stage through which the fee applies, whether trial is included or priced separately, whether experts, investigators, and costs are included, and whether related matters such as a DUI MVD hearing or a sealing petition are inside the fee.

Why do lawyers charge more for felonies?

Because felonies involve more work: larger discovery, more hearings in Superior Court, motion practice, expert witnesses, presentence preparation, and higher stakes that ER 1.5 recognizes as a factor. Mandatory-prison offenses, sex offenses, and cases with victims require the most preparation.

Is a trial fee separate from the case fee?

Frequently. Jury trials are the most expensive and least predictable phase, so many agreements cover the case through pretrial and set a separate trial fee triggered when the case is set for trial. Ask before signing whether trial is included and what the trial fee would be.

Are expert witnesses included in the attorney fee?

Not always. Toxicologists, forensic examiners, investigators, and retesting are costs that many agreements bill separately from the fee, subject to the client’s approval. A fee agreement should state whether costs are included and who decides when an expert is retained.

Can I get a refund if my case is dismissed early?

It depends on the agreement. Under Arizona’s ethical rules, a fee must be reasonable and an unearned portion of an advance fee may be refundable; a properly written flat-fee agreement explains what is earned at each stage. Ask what happens to the fee if the case ends early before you sign.

Is a cheaper lawyer a worse lawyer?

Not necessarily, and an expensive one is not automatically better. Compare quotes by scope, trial coverage, costs, who will handle the case day to day, and experience with your specific charge in your court, which are the factors the ethical rules treat as relevant to a reasonable fee.

How much does a public defender cost in Arizona?

A public defender is free or provided for a court-assessed contribution to a person the court finds unable to afford counsel, under A.R.S. 11-584. Appointment starts at or after the initial appearance and covers the criminal case, not the pre-charge stage, the MVD hearing, or later sealing.

Is hiring a criminal defense lawyer worth the cost?

Weigh the fee against the full cost of the case: fines and assessments, interlock and treatment costs, lost work, insurance, and the long-term cost of a conviction on the record. Counsel retained early can also reduce total cost by shaping the charging decision and handling deadlines that run before charges are filed.

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We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.

Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.

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