It is a fair question, and it is usually the second one people ask after "how much trouble am I in". The honest answer is that no lawyer can quote a meaningful figure for a criminal case without knowing what the charge is, what the Crown's disclosure contains and whether the matter is heading for a resolution or a trial.

What this page can do is explain how criminal defence fees are actually structured in Ontario, what drives the cost up or down, and what you are entitled to know before you retain anyone.

How are criminal defence fees usually structured?

Most criminal defence work in Ontario is billed in one of two ways, and sometimes both within the same case.

  • A block fee covers a defined stage of the case for a set amount — for example, everything up to and including a resolution meeting with the Crown, or a bail hearing. You know the figure in advance, and it does not move if the work takes longer than expected.
  • An hourly rate bills the time actually spent. This is more common where the scope genuinely cannot be predicted, such as a lengthy trial or a case with unusually large disclosure.

Block fees are common in criminal defence precisely because they remove the uncertainty for the client. A stage-by-stage structure also means you are not committing to the cost of a trial at the point where the case may well resolve without one.

What actually drives the cost of a case?

Two people charged with the same offence can end up with very different files. The things that move the number are practical rather than mysterious:

  • How the Crown elects to proceed. A Summary or indictable election changes the court, the procedure and the length of the case.
  • The volume of disclosure. A shoplifting file may be twenty pages. A fraud or a large drug case can run to thousands, plus video, phone extractions and financial records that all have to be read.
  • Whether the case resolves or goes to trial. A trial is the most expensive route by a wide margin, and many cases never reach one.
  • Whether a Charter application is required. Arguments about an Unlawful search or a breach of the right to counsel add preparation, written materials and hearing time — and they are frequently what wins the case.
  • Whether expert evidence is needed, such as toxicology, accident reconstruction or a psychiatric assessment.
  • The number of court appearances, which depends partly on the charge and partly on how quickly disclosure arrives.

What is a retainer, and is it the total cost?

A retainer is money paid up front before work begins. It is not a fee in itself: it is held in a trust account and drawn down as the work is done and billed. Money that is not used is returned to you.

That distinction matters. A retainer is not the price of the case, and it is not the lawyer's money on the day you pay it.

What are you entitled to know before you retain a lawyer?

More than most people realise. Under rule 3.6-1 of the Law Society of Ontario's Rules of Professional Conduct, a lawyer must not charge or accept a fee or disbursement unless it is fair and reasonable and has been disclosed in a timely fashion. Rule 3.6-3 requires a statement of account to detail fees and disbursements clearly and separately.

In practical terms, you should expect to be told, in writing and before you commit:

  • what the fee covers, and what stage of the case it takes you to;
  • what happens if the case goes further than that stage;
  • what is billed as a disbursement rather than a fee — transcripts, expert reports, filing costs;
  • how and when you will be billed.

A lawyer who will not put the arrangement in writing is telling you something useful.

What if you cannot afford a lawyer?

Legal Aid Ontario assists people who qualify financially and face a charge that could result in jail, and duty counsel give free advice at the courthouse to anyone without their own lawyer. Our guide to Legal aid in Ontario sets out who qualifies, what duty counsel can and cannot do, and how to apply.

Do not rule yourself out on assumption. Eligibility is assessed by Legal Aid Ontario, not by a lawyer, and applications take time — so it is worth starting early rather than at your first court date.

What should you ask before you decide?

  • Have you defended this charge before, and in this courthouse?
  • What stage does this fee take me to?
  • Who will actually appear for me?
  • What is your realistic assessment once you have read the disclosure?
  • What happens if I am not eligible for legal aid?

Be cautious of anyone who promises an outcome. No lawyer can guarantee a result in a criminal case, and a confident prediction before disclosure has been read is not an assessment.

Why does this page not quote a price?

Because a figure quoted without knowing the charge, the disclosure and the likely route through court would be a guess, and a guess about money is the kind of thing people rely on. The useful conversation is a short one about your actual situation, after which a proper written fee arrangement can be set out.

If you are facing a charge, you can see the charges Dhindsa Law defends or Request a consultation.