How to Recover Attorney Fees for Your Defense Against a Misdemeanor Complaint

Attorney fees are sometimes recoverable and sometimes not recoverable.

Recovering your attorney fees after defending yourself in court may or may not be possible in your jurisdiction. Criminal courts will not hear these cases. If you have successfully won a criminal defense, you will have to file a civil suit against the state in federal civil court to try to get your money back. Small claims, or magistrate, courts handle misdemeanor civil suits. These cases give you leeway to file a countersuit in which you may try to recover your costs. Always refer to the laws in your jurisdiction before filing.

Things You'll Need

• Summons
• Records of transaction
• Receipts for attorney fees

Instructions

1. Draft an answer to the complaint that accompanies the summons you received. Make a note for your response to each allegation on the complaint.

2. Gather your records and meet with your attorney. Review the answer that you wrote. Agree on any changes that are necessary, your total defense and the fees that the attorney will charge you. Pay his fee, including court fees, and get a receipt.

3. Have your attorney finalize all of the paperwork and file your answer with the court. Be sure that your attorney's filing meets the deadline.

4. File a countersuit through your attorney. Include all damages owed to you including money for missed work, attorney fees and court costs. Itemize the countersuit so the judge has the option of granting part of your suit instead of dismissing it in its entirety over possibly just one item with which he takes issue.

5. Attend court with your attorney and defend your position. Follow your attorney's advice and pay careful attention to everything the judge says. Wait for and abide by the judge's ruling regarding the case against you as well as your countersuit.

Tips & Warnings

• Civil court lawsuits sometimes allow for countersuits that reimburse attorney fees. These stipulations vary from locale to locale and from state to state. Review the laws covering your jurisdiction before filing.

• Some small claims courts do not allow you to have an attorney present. It is still prudent to hire an attorney to help you build your case. These locations often do not allow you to file a countersuit that includes attorney fees.

References

• Sacramento Small Claims Advisory Clinic: Responding to a Lawsuit
• University of New Mexico: How to Answer a Civil Lawsuit in Magistrate Court
• District Court of Maryland: How to File a Small Claim