In sex assault cases, attorney’s fees vary wildly and so do potential costs and expenses. Some attorneys may charge a flat fee for the entire case and others may charge hourly rate. Everything is at stake when someone is charged with a serious crime, so it is important to take payment plan into consideration when deciding on a criminal defense attorney.
Hourly Rate
Charging an hourly rate is common in the practice of law, and if the charges are serious, an hourly fee may be the most appropriate type of payment plan because an attorney may not be able to accurately gage the length or complexity of the case at the onset when quoting the client for an estimate of the cost. The advantage to the client for the hourly fee is that if the matter is resolved quickly, the client only pays for the amount of time the attorneys spent on the case.
The Flat Fee
Some criminal defense attorneys will take cases on flat fees. This is similar to a contract or bidding a job. The attorney agrees to work for a specific amount and the attorney’s fees will not go over that amount.
Payment by phase
Some attorneys will charge flat fees for each phase in the case. For example, the attorney may break the case down into 2 or more phases, the most common is pretrial and trial phase. The logic is that not all cases go to trial and the client will pay extra if he or she wants to go to trial.
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Other costs
A person charged with a crime in Nebraska may have to incur additional costs in order to develop the best defense. These are expenses in addition to an attorney’s fees.
- Depositions – In Nebraska, an individual accused of a felony has a right to conduct depositions of witnesses. This means the defendant can get sworn testimony of witnesses under oath prior to trial. Often depositions are paramount to mounting a good defense as they provide the accused with information about the case and lock in witness testimony prior to trial.
- Investigators – A private investigator will approach the investigation from a different angle than law enforcement and may uncover evidence that could be favorable to a defendant that law enforcement normally would not pursue.
- Expert witnesses – The defendant has the right to call his or her own expert witnesses, such as a SANE nurse, DNA expert, child psychologist or other person with specialized knowledge. Expert testimony can be crucial to a defense.
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While mounting a defense may be expensive, there is a lot at stake. When a person accused of a crime can face jail or prison time, loss of civil rights, sex offender registration requirements, or other collateral consequences from a criminal conviction, it is imperative to establish a solid defense.
If you or a loved one were charged with a crime, contact the criminal defense attorneys at Berry Law.
