What a criminal defence costs
How criminal lawyers bill in Ontario, what drives the number up, and what to do if you can’t afford private counsel.
What this guide covers
Nobody should be embarrassed to ask
Fees are the question clients most want answered and least like asking. Ask us on the first call. It’s a normal question, we answer it directly, and no serious firm will make you feel awkward about it.
What follows is how criminal defence billing works in Ontario generally, so you can have that conversation on level terms, with us or with anybody else.
The 4 ways a criminal defence gets paid for
| Billing model | How it works | Best suited to |
|---|---|---|
| Block fee | A fixed price for a defined stage, such as the bail hearing, the resolution or the trial, agreed and put in writing before any work starts. | Most matters. It gives you certainty and removes the anxiety of a running meter. |
| Hourly against a retainer | Funds are held in trust and drawn down at an hourly rate as work is done, with statements showing what was billed. | Complex or open-ended matters where nobody can honestly predict the scope. |
| Legal Aid certificate | Legal Aid Ontario pays counsel directly at its tariff rate if you meet the financial eligibility test and the charge qualifies. | Serious charges where the accused’s income and assets fall within LAO’s limits. |
| Duty counsel | Free lawyers at the courthouse for first appearances, some bail hearings and basic advice. They don’t conduct trials. | Immediate help at court while you arrange representation. |
We tell you at the outset which of these applies to your matter, what it covers and what would change it, and we put it in writing before you commit to anything.
What drives the number
- Where the case ends. A matter resolved after a Crown pre-trial costs a fraction of one that runs a 3-week jury trial. This is the largest single variable by far.
- The volume of disclosure. Reading is the work. A street-level possession charge may produce 40 pages. A project prosecution with wiretap and surveillance can produce 40,000.
- Whether Charter applications are run. An application to exclude evidence requires written materials, transcripts, and a voir dire with witnesses. It’s often the thing that wins the case, and it’s real work.
- Expert evidence. Forensic accountants, toxicologists, pathologists and computer forensic analysts bill separately from counsel.
- Court location. Out-of-town matters carry travel and, sometimes, overnight time.
Legal Aid Ontario, plainly
Legal Aid Ontario issues certificates that pay a lawyer of your choosing, from those who accept LAO work, at a set tariff. Eligibility depends on your income, your family size and your assets, and on how serious the charge is. Certificates come more readily where there’s a real prospect of jail.
Apply early. The process takes time, and running a serious charge unrepresented is the worst of the available options. If you’re refused, there’s an appeal process, and a refusal can sometimes be revisited when the charge escalates.
Separately, duty counsel are available free at every courthouse. They can assist at first appearances, give advice, and appear on some bail hearings. They don’t run trials, and they can’t take carriage of your file.
Questions to ask any criminal lawyer before you retain them
- Is this a block fee or hourly? What exactly does it cover, and what would fall outside it?
- Who appears on my dates? You, or somebody else?
- What happens to the fee if the matter resolves early?
- Are disbursements included? Transcripts, expert reports, filing costs.
- How and when will you update me, and how quickly are calls returned?
- Have you run this kind of application, in this courthouse, before?
If a lawyer is reluctant to put the answers in writing, that itself tells you something.
This guide is general information about Canadian criminal law and is not legal advice about your situation. Every case turns on its own facts.
Written and reviewed by Rita Levin, criminal defence lawyer, called to the Ontario bar on 29 May 1998. Law Society of Ontario licence no. 41157R. Last reviewed .
Related questions
Answered in full on our questions and answers page.
The law this rests on
The provisions behind everything above.
- Legal Aid OntarioFinancial eligibility, certificates, duty counsel and how to apply. Duty counsel are free at the courthouse for first appearances and many bail hearings, whatever your income.
Links go to the legislation itself on the Government of Canada site, so you can read the provision rather than take our word for it.
More free guides
Written in plain language, and free to read without giving us anything.
The First 48 Hours After an Arrest
What happens at the station, hour by hour, and the 4 things to do before your first court date.
Bail Hearings in Ontario
Sureties, plans of release, reverse onus, and how to change conditions that keep you out of your home.
How a Criminal Case Works
Arrest to verdict, with the timelines Ontario courts are running and what gets decided when.
Talk it through with a lawyer
The first conversation costs nothing and commits you to nothing. We will give you an honest read on where you stand, whether you retain us or not.
We are a private practice and our fees reflect the work involved. A serious matter is prepared over months, and we keep our numbers low so each file gets the hours it needs. We will tell you what your case is likely to cost on the first call, before you commit to anything. And if the honest answer is that duty counsel, Legal Aid or another firm would serve you better, we will tell you that instead.