Stage of the proceedings
For fee purposes, the investigation, the proceedings in court, the appeal (Berufung) and the appeal on points of law (Revision) each count as a separate stage.
Costs of a criminal defence lawyer
Fees, fee agreements and legal expenses insurance in AachenMany people hesitate to call because they cannot estimate the costs. Yet this question can be settled early. Karolin Hagemann de Grzymala, LL.M., certified specialist lawyer for criminal law, explains before any work begins how the fee is made up and who pays in the end.
We clarify the costs in advance.Your defence does not have to wait.
Money should not be the reason you call too late.
What a criminal defence lawyer costs is determined either by the statutory fees under the Lawyers’ Remuneration Act (Rechtsanwaltsvergütungsgesetz, RVG) or by a fee agreement (Vergütungsvereinbarung). The deciding factors are the stage of the proceedings, the court responsible, the size of the file and the number of hearing days. Legal expenses insurance (Rechtsschutzversicherung) only pays in certain cases. If you are acquitted, the state treasury refunds the statutory fees.
What the costs of a defence depend on
Nobody can give a reliable figure before it is clear what the case is about. A questionnaire about a traffic offence calls for different work from proceedings with pre-trial detention and several days of trial at the Regional Court (Landgericht). These factors determine the amount of work:
Court
Fees before the Local Court (Amtsgericht) differ from those before a criminal division of the Regional Court or the homicide chamber (Schwurgericht).
Size of the file
Many witnesses, expert reports, intercepted phone calls or large amounts of data increase the work.
Hearing days
Each day of the trial is charged separately.
Vorbem. 4 Abs. 4 VV RVG
Custody
If the client is in pre-trial detention, the fees are charged with a surcharge.
Nr. 4142 VV RVG
Confiscation
If the confiscation of money or assets is also at stake, an additional fee based on their value is charged.
Good to know
Expenses are added, for example for copies from the file, for travel to court or to prison, and statutory VAT (Nr. 7000 ff. VV RVG).
Statutory fees under the RVG
Without a special agreement, the defence charges under the Lawyers’ Remuneration Act. Part 4 of its schedule of fees (Vergütungsverzeichnis, VV) governs fees in criminal cases. They are made up of several components:
Nr. 4100 VV RVG
Basic fee
It covers the initial work of getting to know the case and is charged only once.
Nr. 4104, 4106 VV RVG
Procedural fee
It arises anew at each stage, for example in the investigation and at first instance in court.
Nr. 4102, 4108 VV RVG
Hearing fee
It is charged for each day of trial and for certain appointments outside the trial, such as a detention review or an examination.
Nr. 4141 VV RVG
Additional fee
If the defence’s involvement makes a trial unnecessary, for example because the case is discontinued, a further fee arises.
Good to know
Most of these fees are fee ranges (Rahmengebühren). The law sets a minimum and a maximum amount. Within this range, the lawyer sets the fee according to the scope and difficulty of the work, the importance of the matter to you and your income and financial circumstances (§ 14 RVG).
The statutory fees are designed for an average case. In extensive proceedings, they often do not cover the actual work involved. That is why fee agreements are common in criminal cases.
Call directly
+49 163 8461632You reach the lawyer in person. Everything you say is covered by professional confidentiality from the first call.
Fee agreement under § 3a RVG
With a fee agreement, you and your defence lawyer set the fee in advance. Two forms are common: a flat fee for a particular stage of the proceedings, or a time-based fee charged according to the actual work done. A combination of both is also possible. The law sets clear requirements for the agreement:
§ 3a Abs. 1 RVG
Text form
The agreement must be made at least in text form (Textform), for example as a signed document or by email.
Clearly identifiable
It must be called a fee agreement and be clearly separated from other arrangements. It may not be part of the power of attorney.
Note on refunds
It must point out that, if costs are to be refunded, the state treasury or another party will usually refund only the statutory fees.
§ 49b Abs. 1 BRAO, § 4 Abs. 1 RVG
Lower limit
For a defence in court, the agreed fee may not be lower than the statutory fees.
Clarity in advance
Before the defence begins, we tell you which model we will charge under, what services are included and what you should expect for the next stage. If the scope changes, for example because charges are brought, we talk to you first.
If an agreed fee is unreasonably high, a court can reduce it (§ 3a Abs. 2 RVG). The lawyer may also ask for a reasonable advance (§ 9 RVG). This is usual in criminal cases because the work often begins immediately.
Legal expenses insurance in criminal cases
Many people assume that their legal expenses insurance will pay for any defence. That is not the case. Criminal cover in private policies is narrowly limited. What counts are the terms of your policy, usually the General Terms and Conditions for Legal Expenses Insurance (ARB). Under the usual terms:
Traffic offences
If your policy covers traffic matters, an allegation of a traffic-related offence is usually covered, for example causing bodily harm by negligence in an accident.
Offences that can be committed negligently
Other offences are covered if the law also punishes them when committed negligently and intent has not been established.
Offences requiring intent
Allegations such as fraud, theft or insult are not covered, whatever the outcome of the proceedings.
§ 12 StGB
Serious criminal offences
There is no cover for an allegation of an offence (Verbrechen) with a minimum sentence of one year’s imprisonment.
Reclaiming costs
If a final decision establishes that you acted intentionally, the insurer can ask you to repay the costs it has paid. This also applies to a final penalty order.
Good to know
Two further points are important. The insurer usually pays only the statutory fees, not an agreed fee. In addition, the alleged offence must fall within the term of the policy. A policy you take out only after the incident will usually not help in these proceedings.
Specialist criminal cover for companies and managers
For companies, managing directors and senior employees, there are dedicated policies, often called specialist criminal legal expenses insurance (Spezial-Strafrechtsschutz or Firmen-Strafrechtsschutz). They usually also cover allegations that can only be committed intentionally, such as breach of trust, fraud or bribery. In that case, the insurer only reclaims costs after a final conviction for an intentional offence. Many of these policies also cover agreed fees up to a set limit, as well as legal assistance for employees who are to give evidence as witnesses. How far the cover extends depends on the individual policy. How such risks can be limited in advance is explained under compliance.
Acquittal, discontinuation or conviction: who pays in the end?
The court decides who bears the costs at the end of the proceedings. It distinguishes between the costs of the proceedings, meaning court fees and the expenses of the state treasury, and your own necessary expenses. These include the costs of your defence (§ 464a StPO).
§ 467 Abs. 1 StPO
Acquittal
If you are acquitted, the state treasury bears the costs of the proceedings and your necessary expenses.
§ 464a Abs. 2 Nr. 2 StPO
Statutory fees only
Defence costs are only refunded up to the amount of the statutory fees. Any amount of an agreed fee above that remains with you.
§ 467 Abs. 5 StPO
Discontinuation with a condition
If the proceedings are discontinued in return for a payment, you bear your own defence costs.
§ 467 Abs. 4 StPO
Discontinuation by the court
If the court discontinues the case at its discretion, for example because the matter is minor, it does not have to order the state treasury to pay your expenses.
Discontinuation before charges
If the public prosecutor’s office discontinues the investigation before bringing charges, the law usually does not provide for a refund of defence costs.
§ 465 StPO
Conviction
If you are convicted, you bear the costs of the proceedings and your own expenses. These can include expert reports and the fees of court-appointed counsel.
Good to know
If you are partly acquitted, the costs and expenses are divided. After the judgment, the refund is applied for at the court of first instance (§ 464b StPO). If you were in pre-trial detention or provisionally arrested and are then acquitted, compensation under the Act on Compensation for Criminal Prosecution Measures (Strafrechtsentschädigungsgesetz) may also be available (§ 2 StrEG).
Court-appointed counsel: who bears the fees?
In certain cases, the law requires a defence, for example for an allegation of a serious criminal offence, after an arrest when the suspect is brought before the custody judge, or if the trial is expected to take place before the Regional Court or the lay judges’ court (Schöffengericht, § 140 StPO). If the suspect then has no privately retained lawyer, the court appoints court-appointed counsel (Pflichtverteidiger).
Good to know
You may name the person yourself. The court must appoint the lawyer you name unless there is good cause not to (§ 142 Abs. 5 StPO). The following applies to the costs:
The state treasury pays first
Court-appointed counsel receives fixed statutory fees from the state treasury. These are usually lower than the fees of a privately retained lawyer.
Nr. 9007 KV GKG
If you are convicted, you pay
The fees of court-appointed counsel form part of the costs of the proceedings. If you are convicted, the state treasury reclaims them from you.
Regardless of income
Whether court-appointed counsel is appointed does not depend on your income but on the seriousness and circumstances of the case.
§ 58 Abs. 3 RVG
Additional agreement
A fee agreement can also be made with court-appointed counsel. Payments are offset against the fees from the state treasury.
Good to know
You can read more about appointing and changing defence counsel on the page court-appointed counsel.
From the first conversation to the final invoice
An initial consultation counts as advice within the meaning of § 34 RVG. The law asks the lawyer to work towards an agreement on the fee for it. This is why you will know beforehand whether the first conversation costs anything and, if so, how much. If you then instruct the lawyer, the consultation fee is credited against the later fees unless otherwise agreed (§ 34 Abs. 2 RVG). This is how we proceed:
- 01
Call
You briefly describe what it is about. The lawyer tells you whether a deadline is running and whether anything needs to be done straight away.
- 02
First consultation
We discuss your situation at the office in Aachen or by video conference. You know beforehand what this conversation costs.
- 03
Cost framework
We explain whether we charge under the statutory fees or under an agreement, and we put this in writing.
- 04
Insurance
If you have legal expenses insurance, we check the terms and ask the insurer to confirm cover.
- 05
Invoicing
You receive clear invoices that follow the stages of the proceedings. If the scope changes, we discuss it with you first.
- 06
Refund
After an acquittal, we apply for your expenses to be assessed against the state treasury.
How we support you
Karolin Hagemann de Grzymala, LL.M., certified specialist lawyer for criminal law in Aachen
Karolin Hagemann de Grzymala, LL.M., is a certified specialist lawyer for criminal law (Fachanwältin für Strafrecht) and defends clients in Aachen. She was a partner at DMFH Fachanwälte für Strafrecht and is a former board member of the Strafverteidigervereinigung NRW e.V.
Money should not be the reason you call too late. That is why we discuss the costs openly in the first conversation. You find out which fees the law provides for, whether a fee agreement makes sense in your case and what your insurer is likely to cover. For companies, we check whether specialist criminal cover exists and which persons it includes.
Call first, calculate later
After a house search, an arrest or a penalty order with a deadline running, time matters. Call first: +49 163 8461632. We clarify the question of costs in the same conversation.
The office is at Oppenhoffallee 138–140 in Aachen. You can also send an enquiry via the contact page. The language of the consultation is agreed at first contact, and a sworn interpreter can take part if needed.
Defence costs in Aachen
The statutory fees are the same throughout Germany. What differs is where and how meetings and hearings take place.
Aachen
In Aachen, meetings take place at the office on Oppenhoffallee, or by video conference if you prefer. We clarify the cost framework in the first conversation.
Criminal defence lawyer in AachenRelated topics
Further questions that often become important in this situation.
Frequently asked questions
Short answers to questions about fees, insurance and refunds that people often ask in the first conversation.
CostsWhat does a criminal defence lawyer cost?
That depends on the stage of the proceedings, the court, the size of the file and the number of hearing days. Fees are charged either under the statutory scale of the RVG or under a fee agreement in text form (§ 3a RVG).
Without knowing the case, nobody can give a reliable figure. In the first conversation, you will learn what to expect.
InsuranceWill my legal expenses insurance pay for a criminal defence lawyer?
Only in certain cases. Cover usually extends to traffic offences and to offences that can also be committed negligently. Under the usual terms, there is no cover for serious criminal offences or for offences that can only be committed intentionally, such as fraud or theft.
If intent is later established in a final decision, the insurer can reclaim the costs.
AcquittalWill I get my legal fees back if I am acquitted?
Yes, the state treasury refunds your necessary expenses (§ 467 StPO). However, only the statutory fees are refunded. If an agreed fee is higher, you bear the difference yourself. If the proceedings end with a discontinuation in return for a payment, there is no refund.
Court-appointed counselIs court-appointed counsel free of charge?
No. The state treasury does pay at first. But if you are convicted, the fees of court-appointed counsel form part of the costs of the proceedings, which you have to bear. Only if you are acquitted do they remain with the state treasury.
AdvanceDo I have to pay for the defence in advance?
The lawyer may ask for a reasonable advance (§ 9 RVG). The amount and when it is due are agreed before work begins. Court-appointed counsel may not ask you for an advance (§ 52 Abs. 1 RVG).
First consultationWhat does the first consultation cost?
For an initial consultation, the law asks the lawyer to work towards an agreement on the fee (§ 34 RVG). You will know before the conversation starts whether there is a charge and how much it is. If you then instruct the lawyer, the consultation fee is credited against the later fees unless otherwise agreed.
Speak to us before you speak to anyone else.
A first conversation clarifies where you stand and what needs to happen next.
+49 163 8461632