27 June 2005

Virginia Court Appointed Attorneys

Discussing pay for indigent defense.

For the record: as it currently stands, court appointed attorneys are paid $90 per hour with caps as follows:
misdemeanors & preliminary hearings - $112
$148 per appeal of misdemeanors to circuit court
$395 for felonies which max out under 20 years
$1094 for felonies which max over 20 years
Judge's Discretion for capital cases
That's not the amounts which the statute states because the General Assembly has not funded it. As of 01 July 2005 it is supposed to go up a couple dollars.

For further discussion read some of the posts in the right column under Indigent Defense.


Litigator said...

Does this mean that you collect $148 for a DUI case? Seems to be very disproportionate to the $2500 most of the criminal defense attorneys I know charge.
This explains the old 'you get what you pay for' quote that many people complain about. If the attorney is only paid $148 how much time can they actually spend on a case?

Ken Lammers said...

Actually since most DUI's are misdemeanors it would be $112. If the client chose to appeal it to the superior trial court it would add an extra $148. If it was a third offense (a felony) there would be $112 for the preliminary hearing and $395 for the trial.

Most lawyers around here wouldn't charge $2,500 for this sort of offense. It's more along the lines of $1,000 (or less) as opposed to $112. Either way, the percentage of DUI dismissals is very low.