How Much Does a Criminal Defense Lawyer Cost in Charleston, SC?
By David Osborne, Osborne Law, LLC
If you or someone you love has been arrested in the Charleston area, cost is probably one of the first questions on your mind. The answer depends on a handful of factors. I will show you what drives the price of a criminal defense, what your fee should buy you, and how to tell a serious defense lawyer from one who just wants your retainer.
A quick word on why my perspective is different. Before I started defending people, I spent 26 years in law enforcement and prosecution. I was a New Orleans police officer for five years, then served 12 years with the Charleston Police Department, where I finished as a Detective Sergeant in the Violent Crimes Unit. I earned my law degree at night while working days as a detective sergeant, then spent years as a senior prosecutor in two judicial circuits. In my final years as a prosecutor, I tried 23 murder warrants to guilty verdicts. I have handled thousands of felony cases. When I evaluate your case, I am reading it the way the State will read it, because I spent two decades building cases just as they will.
Why I will not quote a fee in a blog post
Two reasons. The first is ethical. South Carolina Rules of Professional Conduct have very specific restrictions related to the publication of fees. The second is a practical reason. No two cases involve the same amount of work. When I sit down with you, I am weighing a handful of factors.
Whether you are in custody. This matters more than people expect. I meet with my clients wherever they are, but jail visits involve travel, scheduling, and visitation rules, so reviewing the evidence together takes more time. Custody also means extra court appearances and motions to set bond. All of that is work that happens before the core defense even starts.
The severity of the charge. The more serious the crime, the more evidence and discovery there is to review, and the more preparation the case demands.
Which court you are in. If you are charged with a lower-level offense that carries a penalty of 30 days or less, your case will generally be handled in municipal or magistrate court. General Sessions court handles the more serious offenses. A municipal or magistrate-level case will generally cost less to defend than a charge in General Sessions.
How my fee works
I charge a flat fee, and you will know the exact number before you hire me. Not a range, not an estimate. You will get it at your free consultation, after we have talked through your case.
That flat fee covers all bond hearings, any motions that come up, a private investigator if your case needs one, and representation all the way through trial. Two things fall outside it and they are if a second trial becomes necessary or if your case goes up on appeal. In those situations separate agreements would be required. Expert witnesses are generally an added cost as well, though most criminal cases never require a defense expert. I would rather you hear that fine print now rather than discover it later, because the cases where clients get blindsided are almost always the ones where nobody explained what the fee did and did not include.
A down payment and signed agreement retains me. The moment it is made, my office sends a letter of representation and a Brady request to the prosecutor, which begins the process of obtaining the evidence law enforcement has in your case. Work starts immediately, not when the balance is paid.
Regarding payment, I accept cash, check, and credit card, and I regularly set up payment plans. I did not come from much, and I know not everyone has the resources for a large retainer all at once. One style of payment plan does not work for every client, and I am happy to work out one that works for you.
Should you just use the public defender?
Sometimes it is not a choice. You qualify for a public defender only if your charge carries the possibility of incarceration and a judge finds you financially unable to hire your own attorney, based on a sworn financial affidavit.
If you do qualify, here is my honest take. There are very qualified, experienced public defenders. There are also private attorneys who are not as good as the best public defenders. The label on the door matters less than the lawyer behind it. The structural problem is simply bandwidth. Public defenders are generally assigned hundreds of cases, which makes it hard for anyone to give every file focused attention. A private attorney can control their caseload and give your case more of their time.
Whoever you are considering, look at qualifications, experience, and background. Many times, you get what you pay for.
The most expensive outcome is a bad conviction
Since entering private practice, I have seen far too many people charged with crimes they did not commit. I have also watched people in that same position plead to lesser charges because they figured a conviction was not a big deal. It is a big deal. A criminal conviction can affect your right to vote, your professional license, a CDL, your immigration status, your housing, your right to carry a firearm, and whether the charge can ever be expunged. The sentence a judge hands down is only part of what you pay.
Here is something most people never hear. Some prosecution offices set conviction-rate goals, and to hit those numbers they will offer sweetheart plea deals on cases they cannot prove. It is not fair to ask an accused person to plead to a crime so an office can hit a statistic. An experienced defense attorney can evaluate the evidence and tell you when a plea is the right call, when the State is sweetening the deal because it can't prove its case, and what consequences come attached to the plea beyond the sentence itself.
Red flags when you are comparing lawyers
Be wary of promises. “I will get you a PR bond.” “I will get your case dismissed.” An attorney who makes a promise they do not know they can keep is generally just trying to get your retainer fee.
Be wary of anyone selling a personal relationship with a judge or prosecutor. I was a police officer and a prosecutor for years. I have personal relationships with many prosecutors and police officers. At the end of the day, they do their jobs, as they should. Those relationships help conversations and build trust in communication, but they do not guarantee outcomes. A defense attorney who insinuates that a personal relationship will guarantee a result is writing a check they do not know they can cash.
Finally, check credentials. Ask any lawyer you interview: how many trials have you taken to verdict in the last five years? What kind of trials? The bottom line is prosecutors are more likely to dismiss cases that lack the necessary evidence to convict and extend more favorable plea offers when they know they are dealing with a seasoned trial attorney. This happens because they know they are dealing with a formidable opponent. And if trial becomes necessary, you want an attorney who knows their way around a courtroom and the rules of evidence. You do not want to be in a dogfight with a lawyer who is inexperienced in dogfights.
What happens when you call my office
Consultations are free, in my office or by phone. Bring all of your arrest paperwork. We will go over what law enforcement is alleging happened, I will walk you through the criminal process and what to expect, and I will provide an exact quoted fee.
One more thing I tell every client at that first meeting. A criminal case is not about proving your innocence. Sometimes the client and the evidence allow us to do exactly that, but the burden belongs to the State. The question that decides your case is whether they have the evidence to prove your guilt. My job is to make them carry that burden in full.
If you are facing charges in the Charleston area, call Osborne Law, LLC at 843-955-0847 or visit us at 815 Savannah Hwy, Suite 201, Charleston, SC 29407. The consultation is free, and you will leave knowing exactly where you stand.
Frequently asked questions
How much does a criminal defense lawyer cost in Charleston?
There is no single price. The cost depends on whether you are in custody, the severity of the charge, and whether the case is in municipal, magistrate, or General Sessions court. I charge a flat fee and quote the exact amount at a free consultation.
Do you offer payment plans?
Yes. A down payment retains me, and I work out a payment plan for the balance that fits your situation.
How do I qualify for a public defender in Charleston County?
Two requirements: your charge must carry the possibility of incarceration, and a judge must find you financially unable to hire your own attorney based on a sworn financial affidavit.
Does your fee cover a trial?
Yes. My flat fee covers representation through trial, including bond hearings, motions, and a private investigator if needed. A second trial or an appeal requires a separate agreement, and expert witnesses are generally an added cost, though most cases do not need one.
Is the consultation really free?
Yes, whether in office or by phone. Bring your arrest paperwork, and you will leave with an exact quoted fee and a clear picture of the process ahead.
