Who Pays for Criminal Defense Lawyers in South Carolina?
Last Updated: April 24, 2025
By Pete Strom, Attorney at Strom Law Firm
Imagine you or a loved one has been arrested for a crime. The first thing on your mind might be, “Who is going to pay for a lawyer?” This is a common concern, and understanding who pays for criminal defense lawyers can help alleviate some of the stress during an already difficult time.
In this blog post, we’ll explore who typically pays for criminal defense lawyers, with a focus on South Carolina. Whether you’re facing charges yourself or supporting someone who is, knowing your options can make a significant difference. Let’s break it down.
Who Typically Pays for Criminal Defense Lawyers?
Criminal defense lawyers can be paid in several ways, depending on the circumstances of the case and the financial situation of the defendant. Here’s a look at the most common scenarios:
- Private Clients: Many people hire private criminal defense attorneys and pay for their services directly. This can be done through various payment structures, such as hourly rates, flat fees, or retainers. For example, a family member might cover the costs for a loved one facing charges.
- Court-Appointed Attorneys: If a defendant cannot afford a lawyer, the court may appoint one to represent them. These attorneys are paid by the government, ensuring that everyone has access to legal representation, regardless of their financial status.
- Public Defenders: Public defenders are government-employed lawyers who represent indigent defendants. They are paid a salary by the state or county and provide free legal services to those who qualify.
In rare cases, a third party, such as a charitable organization, might cover legal fees, but this is less common. Understanding these options can help you make informed decisions about your legal representation.
How Are Criminal Defense Lawyers Paid in South Carolina?
In South Carolina, private criminal defense lawyers typically charge their clients directly. The cost can vary widely depending on the complexity of the case, the lawyer’s experience, and the location. Here’s a closer look at the payment structures:
| Payment Type | Description | Typical Cost |
|---|---|---|
| Hourly Rates | Lawyers charge by the hour for their work. | $150–$1000/hour |
| Flat Fees | A set fee covers all services for the case. | $2,500–$7,5000 for misdemeanors |
| Retainers | An upfront payment is billed against as work is done. | $3,500+ for felonies |
For those who cannot afford a private attorney, South Carolina provides public defenders through the South Carolina Commission on Indigent Defense (SCCID). Public defenders are available for defendants who meet certain income qualifications and are facing serious charges. The SCCID employs over 100 attorneys and support staff across all 46 counties, handling thousands of cases annually to ensure indigent defendants receive competent legal representation.
What If I Can’t Afford a Lawyer?
If you cannot afford a private criminal defense lawyer, you may be eligible for a public defender. In South Carolina, the SCCID provides legal representation for indigent defendants in criminal cases. To qualify, you must meet specific income and asset criteria, which are determined by the court. For example, defendants below the federal poverty guidelines facing charges that could lead to jail time are typically eligible.
Additionally, there are legal aid organizations and pro bono services that may assist, depending on your case and location. The South Carolina Bar Association’s Lawyer Referral Service can connect you with attorneys who may offer reduced fees or pro bono work. Exploring these options can help ensure you have the representation you need.
Why Choose Strom Law Firm for Your Criminal Defense Needs?
At Strom Law Firm, we understand that facing criminal charges can be overwhelming. Our experienced criminal defense attorneys are here to help you navigate the legal system and protect your rights. With offices in Columbia, Lexington, and Orangeburg, we serve clients throughout South Carolina and nationwide for cases like civil rights.
Our team, led by Pete Strom, former United States Attorney for South Carolina with over 40 years of experience, has a proven track record of success in criminal defense cases, from misdemeanors to serious felonies. We offer free initial consultations to discuss your case and determine the best course of action. When you choose Strom Law Firm, you can trust that you have a dedicated advocate on your side. Learn more about our criminal defense services.
FAQ: Common Questions About Paying for Criminal Defense Lawyers
Who pays for criminal defense lawyers?
Criminal defense lawyers can be paid by private clients, the government (for court-appointed attorneys), or through public defender offices. Private clients typically cover costs themselves or through a third party, while public defenders and court-appointed attorneys are funded by the state for those who qualify.
How much does a criminal defense lawyer cost?
The cost varies, but private attorneys in South Carolina may charge hourly rates ($150–$500), flat fees ($2,500–$5,000 for misdemeanors), or require a retainer ($3,500+ for felonies). Public defenders are free for those who meet income qualifications.
Can I get a free lawyer if I can’t afford one?
Yes, if you meet the income qualifications, you may be eligible for a public defender or a court-appointed attorney. In South Carolina, the SCCID ensures indigent defendants receive free legal representation for serious charges.
What is the difference between a public defender and a private attorney?
Public defenders are government-employed lawyers who represent indigent defendants for free, while private attorneys are hired and paid by the client. Private attorneys may have more time to dedicate to your case and can offer more personalized service, but public defenders are experienced and knowledgeable about local courts.
Conclusion
Understanding who pays for criminal defense lawyers is crucial when facing criminal charges. Whether you choose a private attorney or qualify for a public defender, having experienced legal representation is essential to protect your rights and achieve the best possible outcome. The best criminal defense lawyers agree that early consultation with a trusted attorney can make a significant difference in your case.
If you or a loved one is facing criminal charges in South Carolina, don’t hesitate to contact Strom Law Firm. Our dedicated team is ready to help you through this challenging time. Call us at (803) 252-4800, use our contact form, or try our live chat for immediate assistance. Share this post to help others stay informed!
