In criminal proceedings, affected individuals should seek a lawyer or criminal defense attorney as early as possible. Even at the beginning of the preliminary proceedings, the accused can enlist the help of a criminal defense attorney. If it is a case of mandatory defense, the court will appoint a defense attorney. Prior to this, the accused is heard as to whether they wish to name a specific defense attorney or whether a defense attorney should be selected for them ex officio. It is therefore advisable to exercise the right to name a defense attorney of one’s choice. There is usually some time for this, so that in a consultation with our criminal defense attorneys, it can be discussed whether and under what conditions a defense is possible.
But who bears the costs for a court-appointed lawyer?
The question of costs should under no circumstances prevent you from seeking legal advice and defense. Nevertheless, finances are an important issue that frequently arises: Who pays for the court-appointed defense attorney? And what happens if I cannot afford a lawyer? We provide the answers you need.
Do you need legal support? Whether you choose your own lawyer or need a court-appointed one, we are happy to support you at any stage of your proceedings. Through our many years of work, we have already supported many clients in their criminal proceedings and helped them achieve success. We would be pleased to advise you comprehensively on the costs and possibilities of defense in an initial consultation.
What is a court-appointed lawyer?
Court-appointed lawyers are not a specific type of attorney. As a rule, they are criminal defense attorneys, i.e., lawyers specializing in criminal law. The myth still circulates that court-appointed lawyers are second-class attorneys or not “real” legal professionals assigned to defendants. This is not entirely correct. Both a self-chosen and an assigned defense attorney are always fully qualified legal professionals.
The only special feature of a court-appointed lawyer is that they are officially appointed by the court – even if the lawyer was chosen by the defendant. This is because court-appointed lawyers are always used when a case of mandatory defense (§ 140 para. 1 StPO) exists.
When is a court-appointed lawyer assigned?
The appointment of a court-appointed lawyer can have various reasons. The law lists the following prerequisites:
- The proceedings take place in the first instance before a Regional Court, Higher Regional Court, or Lay Judges’ Court,
- The accused is charged with a felony,
- The proceedings could lead to a professional ban,
- Pre-trial detention (U-Haft) is ordered or the accused is to be placed (even temporarily) in a psychiatric institution,
- The accused is in an institution due to a judicial order/approval,
- The accused is to be placed in a psychiatric hospital for the preparation of an expert opinion on their mental state,
- It is expected that a security procedure will be carried out,
- The previous defense attorney has been excluded from the previous proceedings by a decision,
- A victim’s lawyer has been assigned to the injured party in the ancillary prosecution
- The involvement of a defense attorney seems necessary to protect the rights of the accused during a judicial interrogation,
- The accused is visually, hearing, or speech impaired and submits an application,
- The accused cannot defend themselves (severity of the offense, severity of the expected legal consequences, complexity of the factual and legal situation).
Experience shows that the main reason is the existence of a felony. A felony is always present when the minimum sentence in the law is more than one year of imprisonment.
What are the court costs (independent of court-appointed lawyer costs)?
The court costs for criminal proceedings are the same for everyone and can be found in Annex 1, Part 3 of the Court Costs Act. A distinction must be made between the different penalties, i.e., the amount of the conviction.
Without a verdict, the following costs are to be expected:
- Conviction to a prison sentence of up to 6 months or a fine of up to 180 daily rates: 155 Euros
- Conviction up to 1 year or more than 180 daily rates: 310 Euros
- Conviction up to 2 years: 465 Euros
- Conviction up to 4 years: 620 Euros
- Conviction up to 10 years: 775 Euros
- Conviction over 10 years: 1,100 Euros
- Order of measures for improvement and security: 77 Euros
What are the costs of a court-appointed lawyer?
The costs for a court-appointed lawyer, however, can vary depending on the number of trial days, the duration of individual trial days, whether it is a detention case, and at which court the proceedings are held. For a court-appointed lawyer, the fees are stipulated by the Lawyers’ Remuneration Act. However, since these fees are very low in Germany and are more like an expense allowance, it is regularly customary to additionally conclude a voluntary fee agreement.
Who pays for the court-appointed lawyer?
Because the court-appointed lawyer is appointed by the court, they are initially paid by the state treasury. If there is a final conviction, the convicted person must bear these costs. It is different if the defendant is acquitted; in that case, the state bears the costs for the entire proceedings.
In criminal law, there is no legal aid. Anyone who has been convicted must bear the costs in full themselves.
Since you will have to pay the costs anyway in case of a conviction, even for a lawyer you did not choose yourself, it is always advisable to name and commission a qualified defense attorney of your own choice!
Because a qualified lawyer can, in the best case, prevent a main hearing or, if applicable, a conviction from occurring at all. The goal of a good defense is always, if possible, to achieve a dismissal already in the preliminary proceedings or an acquittal in the main proceedings, or the lowest possible sentence.
Furthermore, you should never economize on a defense, as a verdict in criminal proceedings can decide your entire life. Ultimately, it’s about your freedom! We would be happy to inform you transparently about all expected costs in a consultation. Together, we will find a solution for this too!
Why you should always choose your own defense attorney
Court-appointed defense attorneys are not inherently incompetent. Nevertheless, it is always advisable to personally select a defense attorney to provide advice and representation.
First, you should seek a defense attorney already during the preliminary proceedings, so that they can, if possible, prevent the main hearing or steer the proceedings in a favorable direction for you. By doing so, you have already chosen a defense attorney yourself, who can then potentially be appointed as a court-appointed lawyer or continue to represent you as your chosen lawyer. This is also important because, ideally, the cooperation between individuals must function well. Criminal proceedings are always an emotional and personal matter.
Secondly, by choosing your own defense attorney, you have the opportunity to find a lawyer who is specialized in cases like yours (e.g., sexual offenses or BtM offenses/drug offenses) and who possesses particular expertise in this area. A court will not do this and assign the “best” defense attorney for your case, but will proceed randomly – under certain circumstances, this can lead to a lawyer being selected who is not specialized in criminal law. This can make a big difference.
Do you need support? We are here for you. Together, we will discuss the case file and develop a successful defense strategy to ensure a fair outcome in your favor. Feel free to call us anytime for a consultation, even in an emergency: +49 (0)151 61429000.
