Washington Criminal Defense
Cost Estimator

• Criminal defense attorney fees in Washington range from $1,500–$5,500 for a gross misdemeanor through plea in King County (Seattle)
• $1,000–$4,000 in smaller counties for misdemeanor representation and $8,000–$30,000 for a Class C felony
• $20,000–$75,000+ for a Class A or B felony trial
• sex offense cases involving mandatory minimums are often at the higher end for felony representation. These are the two largest costs in any criminal case — followed by bail, which can represent thousands more before the case is resolved. Fees vary by charge severity, the attorney's experience, and whether the case proceeds to trial.

• Your first financial decision after arrest is whether to hire a private attorney or seek a public defender. Public defender eligibility in Washington: Income-based under RCW § 10.101.010 et seq.
• counties must provide public defenders for all criminal cases where imprisonment is possible
• Spokane and King County have robust public defender offices
• eligibility based on household income (typically up to 125–200% of poverty level). Public defenders are licensed attorneys, but heavy caseloads in many Washington counties can limit the individual attention each defendant receives. If you can afford private counsel for a serious felony, research consistently shows better outcomes for privately represented defendants.

• Bail is the second major cost component. In Washington: Washington uses a money bail system
• courts must consider ability to pay under State v. Blazina
• commercial bail bondsmen charge 10% premium (regulated under RCW Title 48)
• some courts use electronic monitoring as an alternative to cash bail for low-risk defendants. If bail is set and you cannot pay the full amount directly to the court, a bail bondsman will post the full amount for a non-refundable premium (typically 10%). The premium is gone whether you are convicted, acquitted, or the charges are dismissed. Cash bail paid directly to the court is refunded at case conclusion minus any court-imposed fines.

• Post-conviction costs in Washington add to the total picture: Monthly probation fees: $50–$90
• electronic monitoring: $350–$400/month
• victim penalty assessments
• DNA collection fee
• drug/alcohol treatment when ordered. These ongoing obligations can represent a significant financial burden, particularly for lower-income defendants. Court-ordered fines, supervision fees, and electronic monitoring can total several thousand dollars over the course of a probation term — and failure to pay may result in revocation and incarceration.

Washington's Sentencing Reform Act (SRA) uses a standard sentencing range grid — prosecutors and defense attorneys calculate sentencing ranges using offense seriousness level and offender score before any plea is negotiated. Washington's Blake decision (2021) temporarily decriminalized drug possession statewide (until the legislature recriminalized it in 2023), affecting a large number of pending and past cases.

Washington's Drug Offender Sentencing Alternative (DOSA) — available in the SRA — allows qualifying drug offenders to serve their sentence in community treatment rather than prison. King County (Seattle) has a well-funded public defender office (King County Department of Public Defense); other counties rely on contracted private attorneys.

Criminal defense attorney fees in Washington are typically structured as either flat fees (more common for misdemeanors and routine felonies) or hourly rates (more common for complex or white-collar cases). A flat fee agreement covers representation through a defined stage — often through plea or, for an additional fee, through trial.

Understanding exactly what is included in a flat fee (court appearances, motions, investigation) is critical before signing a retainer agreement.

• For misdemeanor cases in Washington, total representation costs typically fall in the range of $1,500–$5,500 for a gross misdemeanor through plea in King County (Seattle)
• $1,000–$4,000 in smaller counties. For felony cases: $8,000–$30,000 for a Class C felony
• $20,000–$75,000+ for a Class A or B felony trial
• sex offense cases involving mandatory minimums are often at the higher end. These ranges reflect the majority of standard cases — particularly complex matters (white-collar crimes, cases with extensive forensic evidence, or cases involving mandatory minimums) may require substantially higher retainers. Federal criminal cases in Washington are generally more expensive than state cases due to the complexity of federal procedure and the higher stakes involved.

When comparing attorneys, ask specifically: what does the retainer cover? Is the trial separate?

Is each court appearance billed separately? What happens if the case takes longer than expected?

A lower initial quote that excludes trial preparation, expert witnesses, or motions to suppress may end up costing more than a higher all-inclusive quote. Get all fee arrangements in writing before signing.

Investigation and expert witness costs are separate from attorney fees and can add significantly to the total. Private investigators charge $75–$200 per hour in Washington.

Forensic experts (DNA, toxicology, digital forensics, accident reconstruction) charge $200–$500+ per hour and may also require a separate retainer. In cases where the prosecution's evidence depends on forensic testing, hiring a defense expert to review and potentially challenge that evidence can be the difference between conviction and acquittal.

• Criminal proceedings in Washington follow a defined sequence from arrest through disposition. After arrest, you must appear before a magistrate or judge for arraignment — typically within 24–72 hours. At arraignment, charges are formally read, you enter an initial plea (almost always "not guilty" at this stage), and bail is set. Key governing statutes: CrR (Criminal Rules)
• RCW § 9A (criminal code)
• RCW § 10.101 (public defender)
• RCW § 10.19 (bail). An attorney at arraignment can argue for lower bail, conditions of release in lieu of cash bail, or release on your own recognizance.

After arraignment, the pre-trial phase begins. Defense attorneys conduct discovery (reviewing police reports, surveillance footage, witness statements, laboratory results, and any other evidence the prosecution intends to use), file motions (including motions to suppress illegally obtained evidence, motions for change of venue, and motions challenging the constitutionality of the charges), and negotiate with the prosecution toward a plea agreement.

Pre-trial motions are among the most valuable tools in criminal defense — a successful suppression motion can result in charges being reduced or dismissed entirely.

If the case proceeds to trial, the prosecution must prove every element of each charge beyond a reasonable doubt — the highest burden of proof in American law. A defendant has the right to a jury trial for any offense punishable by more than six months imprisonment.

Trial preparation is the most resource-intensive phase of criminal defense, requiring the attorney to review all evidence, prepare witnesses, research jury instructions, and develop a trial strategy. Trial costs (jury fees, courtroom expenses, extended attorney hours) are why contested felony cases cost $20,000–$100,000+ in attorney fees.

Approximately 95% of criminal convictions result from guilty pleas, not trials. Plea agreements typically resolve cases in less time and at lower cost, and they provide certainty about the outcome — though they require giving up the right to trial.

An experienced Washington criminal defense attorney can assess the strength of the prosecution's case and advise whether a plea offer is favorable relative to the risks and costs of trial. This assessment is one of the most valuable services a defense attorney provides.

Being released from custody while your case proceeds is important for several reasons beyond avoiding jail: defendants who are detained pre-trial have less ability to assist in their own defense, face employment loss, and are statistically more likely to accept unfavorable plea deals. Understanding Washington's bail system is therefore a financial and strategic priority.

Washington uses a money bail system; courts must consider ability to pay under State v. Blazina; commercial bail bondsmen charge 10% premium (regulated under RCW Title 48); some courts use electronic monitoring as an alternative to cash bail for low-risk defendants.

When bail is set in Washington, you generally have two options: pay the full amount directly to the court (refundable at the end of the case minus any court-imposed fines) or pay a bail bondsman 10% of the bail amount as a non-refundable premium in exchange for the bondsman posting the full bail. For bail set at $25,000, direct payment of $25,000 returns most of that money at case conclusion; a bondsman premium of $2,500 is gone permanently.

If cash is available, direct payment is almost always the better financial choice.

Courts may also release defendants on non-monetary conditions — commonly called OR (own recognizance) release or supervised release. Conditions may include check-in calls or appointments, electronic monitoring, travel restrictions, no-contact orders, or drug testing.

Electronic monitoring fees in Washington are typically $300–$450/month, billed directly to the defendant. Arguing for non-monetary release conditions at arraignment is an important defense strategy that can save significant money.

If you cannot afford bail and your motion for reduced bail is denied, you may petition the court for a bail review hearing. Presenting evidence of community ties, employment, family responsibilities, and lack of flight risk can persuade a judge to reduce bail or modify conditions.

In some jurisdictions, a second arraignment before a different judge or after new evidence comes to light can result in bail modification. An attorney's ability to effectively advocate at bail hearings is one of the earliest — and most financially significant — advantages of early legal representation.

Criminal defense costs are only one part of the total legal exposure. If the underlying charge is a DUI, the Washington DUI Penalty Calculator estimates fines, license suspension, and ignition interlock costs by offense number.

Once the case is resolved, the Washington Expungement Eligibility Checker shows whether the conviction can be cleared from your record. And for civil liability arising from the same incident, the Washington Statute of Limitations Lookup confirms how long a plaintiff has to file a related personal injury claim.