Can you recover attorney's fees after an acquittal?

An acquittal does not automatically lead to restitution

The judge who acquits does not automatically cancel your lawyer's declarations. A separate request is required for reimbursement. It must also be assessed whether the case has ended in a way that qualifies for the requested compensation. That requires more than just reading the headline of the judgment.

The main route for reimbursement of private attorney's fees is in Article 530, paragraph 2, of the Code of Criminal Procedure. The main condition is that the case ends without punishment or measure and without application of Article 9a of the Criminal Code. Article 9a concerns a declaration of guilt without penalty or measure; that is not the same as an acquittal. In addition, the judge assesses whether there are grounds of fairness to fully or partially reimburse the requested costs. There are special legal situations that require separate assessment.

Immediately after the decision, discuss with the lawyer what next steps are still possible. A case with multiple facts, a partial acquittal or an ongoing appeal can be more complicated. Have the outcome assessed as a whole before assuming that all costs incurred can be reclaimed.

Lawyer's fees and damage due to detention are different items

A request may concern legal assistance costs, while another part concerns damage caused by deprivation of liberty. Those items do not necessarily have the same conditions. Someone who has not been incarcerated may have incurred attorney's fees. Conversely, compensation for detention does not mean that every claim is paid without assessment.

Therefore, make separate statements for legal costs, travel or other expenses and any damage caused by detention. For each item, write which event caused the costs and what evidence accompanies it. A clear request makes it visible exactly what is requested and prevents amounts from being entered twice.

Determine the period from the legal end of the case

Case law generally specifies a period of three months after termination of the case for the request. Let the lawyer determine the end date associated with your decision. The day of the ruling and the day on which the case finally ends do not have to be the same.

Do not independently set a standard number of days for the hearing date. A legal remedy or another method of settlement may be important. Ask for a specific answer: what is the relevant end date, what is the last submission day and who submits the request on time? Save the confirmation.

What evidence helps with attorney fees?

Collect the order confirmation, declarations, any time specifications and information about payment. Clearly show which criminal case the work related to. If one invoice also includes another dispute, a breakdown is necessary to understand which part belongs to the request.

Indicate who paid or owes the bill and whether insurance or other arrangement was involved. You cannot simply treat costs that are already reimbursed through an addition as if you had borne them completely privately. Let the lawyer assess how the various financing sources fit together.

If you had a regular addition with a personal contribution, there is another question: is that contribution still due after expiry? Article 44, paragraph 2, of the Legal Aid Act stipulates that no personal contribution is due in the event of the termination referred to therein without penalty or measure and without application of Article 9a. The lawyer will refund any contribution already paid. Ask the office to check that settlement; an independent cost request for the same contribution is then not the appropriate route. In the event of an appropriate final outcome on appeal, the contribution for the first instance may also be included.

The amount of the compensation is assessed separately

The requested fee is not an automatic copy of the final invoice. The judge can assess whether and to what extent an award is appropriate. Therefore, make sure that the nature and scope of the work are understandable. A clear file helps better than a round final amount without explanation.

Discuss in advance which items the lawyer wants to include and where discussion is possible. There may be differences between what you agreed with the office and what is ultimately reimbursed. Also make agreements about the costs of the request itself. Do not expect a full refund before the decision has been made.

Assessment is also necessary in the event of dismissal or a mixed outcome

A criminal case can end without a hearing, for example with a dismissal. This does not mean that every dismissal letter has the same consequences for a costs request. The formulation and process history are relevant. Keep the letter and ask whether the termination falls under the legal route in your situation.

In the case of a partial acquittal or a decision without punishment, you must be extra cautious with a general conclusion. It is not enough that you have been acquitted of one accusation if the case also contains other outcomes. Have the entire file assessed and do not simply extend rules for detention damages to lawyer costs.

Submit a specific request to the appropriate authority

Use the official information about the competent court or tribunal and the permitted shipping method. State the case numbers and attach the relevant decision and cost documents. Ask what signature and authorization are required for your request. A standard form for detention damages does not necessarily have to be suitable for all legal costs.

Save the actual submitted request, the attachments and the shipping or receipt receipt. Check whether an additional question or call follows. A lawyer is not required for this procedure, but in the event of different facts, financing arrangements or uncertainty about the end date, legal assessment can prevent a lot of investigation.

Make agreements about the finalization after the sentencing

During the conclusion of the defense, ask whether a costs request is being investigated and whether it falls under the existing order. Also agree on who will control the final outcome if an appeal is still possible. The explanation about appeal helps to recognize that phase.

A good conclusion includes both the criminal case and the administration. Put missing invoices on a short action list and request correction of incorrect data in a timely manner. Keep the file even after payment. For the original price agreements you can use the page about costs of a criminal lawyer.

• Save the complete final decision and case numbers.
• Have the legal end and deadline for the request determined.
• Collect declarations, specifications and financing information.
• Break down attorney's fees and any detention damages.
• Record who submits and keep the receipt.