How Much Does a Drug Lawyer Cost?

If you’re facing charges for a drug-related crime, the mounting stress and anxiety can be debilitating. With so many “what ifs,” it can feel as though you have little to no control over your future. This is where a drug lawyer can step in and help take back some of your power.

Criminal lawyers with experience in drug-related crimes provide necessary and beneficial guidance throughout the process. These drug lawyers usually start with a sizable retainer fee, then work on an hourly fee. You can meet one of many affordable attorneys across the country via Unbundled Legal Help.

Continue reading to better understand drug charges and how a drug lawyer can help you. 

How Much Does a Drug Lawyer Usually Cost?

Criminal defense lawyers charge differently than attorneys practicing civil law. Civil law attorneys often work on a contingency fee basis, meaning there are no upfront costs to you, and the lawyer only recovers if they win your case. In criminal law, contingency fee arrangements are not allowed.

A drug lawyer will usually start with a consultation to understand your case. Afterwards they will usually ask for a retainer fee, typically ranging from $2,000 to $15,000. Once the attorney has used up the retainer, they will charge hourly, with rates often costing $150-$750 per hour. Court appearances can be charged hourly or may have a set price, typically less than an hourly rate.

The lawyer will give you an agreement to sign with their prices.

While not as common, some drug lawyers will also work on a flat fee, depending on your charges and how much work the attorney feels your case will require. 

Other factors that affect how much you can expect to pay a drug lawyer include your city and state, the type of crime you were charged with, and the lawyer’s experience. 

Many individuals choose to forgo their own legal representation and instead elect to have a public defender for fear of steep legal expenses. Unfortunately, this option places defendants at an extreme disadvantage against prosecutors and law enforcement.

What Makes a Substance Illegal?

Drug charges always revolve around illegal substances. But what exactly makes a substance illegal?

Since 1970, the Controlled Substances Act (CSA) has been the standard for defining how drugs are treated under the law. Under this act, substances fall under certain categories, or “schedules,” which inform the severity of criminal charges:

• Schedule I: These drugs have a high likelihood for abuse. They include heroin, LSD, and ecstasy. 
• Schedule II: These drugs have a high potential for abuse, and can lead to severe dependence. They include cocaine, methamphetamine, and oxycodone. 
• Schedule III: These drugs have moderate to low potential for dependence. They include codeine, ketamine, and testosterone.
• Schedule IV: These drugs have a low potential for abuse and dependence. They include Xanax, Valium, and Tramadol. 
• Schedule V: These drugs have the lowest potential for abuse, and usually include those used as antidiarrheals and analgesics. 

While many drugs are considered controlled substances, that does not automatically mean they are illegal. Not all controlled substances are illegal, but most illegal substances do fall under controlled substances. 

Common Types of Drug Charges

There are several types of drug crimes. More serious crimes can be charged by federal prosecutors under laws that apply across the entire United States.

Most defendants are charged under state laws by state and local prosecutors. Every state handles drug-related charges slightly differently, with things like different lengths of punishment and different names of charges. Some drugs are only legal in certain states.

Drug charges can be a component of a larger case, and can be dismissed when a lawyer works with prosecutors to accept a lesser charge.

Drug Manufacturing

Anyone that engages in the production of illegal substances faces criminal charges. Typically, for a drug manufacturing charge, the prosecution must prove the defendant had possession and the intent to manufacture.

Drug Dealing

Drug dealing generally refers to small-scale sales of illegal drugs. Because dealing usually involves a smaller quantity of drugs, repercussions are less severe.

Drug Trafficking

On the contrary, drug trafficking involves larger scale drug selling. This type of crime usually involves importing, transporting, and selling illegal substances. Consequences for drug trafficking are much more severe than drug dealing.

Drug Possession

It is illegal to possess controlled substances, including heroin and cocaine. Depending on the laws of your state and the circumstances surrounding your arrest, you may be charged with simple possession or possession with intent to distribute. Charges will depend on certain factors, including the quantity of drugs you had in your possession. 

Drug Paraphernalia

Some localities make it illegal to possess or sell drug paraphernalia, and it can be supporting evidence for other charges. A charge for drug paraphernalia arises when you possess equipment used to prepare, inject, or conceal drugs. Here are some examples of drug paraphernalia:

• Bongs or pipes
• Rolling papers
• Syringes
• Baggies

Possible Defenses for Drug Charges

Depending on the details of your case, you may have significant evidence to raise in your drug case defense.

• Unlawful search and seizure: The Constitution of the United States provides many protections for citizens, including protection against unreasonable search and seizure. If law enforcement were to search you and seize drugs illegally, this would create a grand issue for your case. Whatever law enforcement recovers from an illegal search and seizure can potentially be excluded at trial.
• Faulty analysis results: Whenever drugs are seized, those drugs are frequently sent to a crime lab for confirmation that they are, indeed, illegal substances. Crime lab results are not always accurate. Your attorney may be able to argue that the results from the lab analysis are incorrect. 
• Drugs belonged to someone else: To get charged with a drug crime, the drugs do not need to be on your person at the time they are discovered. Your lawyer may use this defense if, for example, drugs were found in the vehicle you were driving, but you did not own the vehicle. In a scenario like this, it is likely you did not know about the drugs. 
• Chain of custody issues: In some cases, drugs are misplaced for some time or go missing altogether. This can create a significant problem because this may raise questions regarding tampering. The weight of drugs can be manipulated to falsely support more serious charges. If seized drugs go missing or are improperly handled, your attorney can argue there was a chain of custody issue.
• Inappropriate charges: Prosecutors will have to prove a number of specific elements under the law to get a drug conviction. If the facts of the case do not match the law itself, there may be a way out.

Even if these defenses do not apply, a lawyer will have significant room to argue what penalties should apply if you are found guilty. Having a drug lawyer thoroughly review the details of your case can help get charges dropped or reduced. 

What to Look For in a Drug Lawyer

Not every drug lawyer is the same. Because you will be working with your attorney during such a critical time in your life, you or your trusted partner should see if your drug attorney has certain skills:

• Do they practice criminal defense law?
• Do they have experience with similar cases?
• Are they familiar with your state’s laws?
• Do they communicate effectively and makes themselves accessible?
• Do they have a successful track record?
• Do they have a plan for your case?

When you’re in the midst of dealing with a drug charge, you only have one opportunity to get things right. You should take the time you can to find a drug lawyer who can help you reach a good result.