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Miami Criminal Defense | Leaving the Scene of an Accident

Hit and Run Lawyer Cost in Florida: A Plain-Language Fee Guide

Learn what shapes the cost of defending a leaving-the-scene charge in South Florida. Patrick Wilson Law, PLLC, a Miami criminal defense firm, offers a free, confidential first consultation with no obligation to continue.

By Patrick David Wilson · Published October 26, 2026

How much does a lawyer cost for a hit and run accident in Florida? There is no single price. The cost depends on the charge, whether anyone was hurt, and how much work the case needs. This guide explains what drives the cost and how criminal defense fees are usually structured. It also separates criminal defense fees from civil injury claims, since many people mix the two up. Patrick Wilson Law, PLLC focuses on criminal defense in South Florida. Patrick David Wilson is the responsible lawyer for this page.

Why the Answer Starts With the Charge

The charge sets the size of the case, so it also sets much of the cost. In Florida, leaving the scene of a crash is not one offense. The level depends on what happened.

A crash that causes only property damage to a vehicle or other property that is driven or attended by someone falls under § 316.061. If the driver is convicted and caused or contributed to the crash, the court may also order restitution to the owner of the damaged property for damage caused by the driver’s vehicle.

A crash that causes injury, but not serious bodily injury, falls under § 316.027. The charge that applies in a leaving-the-scene case depends on the facts of each crash, so the specific charge should be reviewed with a lawyer. A driver who willfully fails to stop and remain at the scene of a crash causing serious bodily injury commits a second-degree felony. The law defines it as a condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

A crash that causes a death is a first-degree felony for a willful violation. That carries a mandatory minimum term of imprisonment of 4 years. A death caused by someone operating a motor vehicle in a reckless manner likely to cause death or great bodily harm can also lead to a vehicular homicide charge under § 782.071.

Each tier asks for different work. A property-damage case often involves less investigation than a felony case with a death. For a closer look at these levels, read our hit-and-run charge explainer.

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What Drives the Cost of Defending a Hit-and-Run Charge

Four factors drive most of the cost: the charge, any injuries, the evidence, and whether the case goes to trial. Each one changes how much time the lawyer spends.

Evidence often takes the most time. A lawyer may review video, phone records, and vehicle damage reports. Each item takes time to collect and review, and the reviewing is part of the work you pay for.

Some cases need extra planning. A licensed professional may face consequences for a license. A first-time offender may need a plan to limit lasting harm to a record. A non-citizen may face immigration consequences. Each of these adds planning time.

Court dates add up, too. A case may need an outside witness who reconstructs the crash. That witness adds cost.

A common mistake is assuming a small crash means a small case. A property-damage charge can still bring restitution and a criminal record.

How Criminal Defense Lawyers Usually Structure Fees

Most criminal defense fees use a flat fee, an hourly rate, or a mix of both. Ask which structure applies before you sign anything.

A flat fee covers a defined set of work, such as everything from the first court date through resolution. Work outside that scope, such as preparing for a jury trial, may be billed separately. An hourly arrangement bills time as it is spent, often against a retainer. A retainer is an upfront deposit that the lawyer draws against.

Get the terms in writing. A written fee agreement should list what the fee covers, what is billed separately, and how payments work. Ask questions until you understand every line.

The responsible lawyer for this page is Patrick David Wilson. Sahara Fonseca is also a lawyer at the firm. The fee conversation can cover who will handle the case and how the work is divided.

Costs Beyond the Attorney’s Fee

Court-set costs are often charged in addition to the lawyer’s fee. Some are fixed by statute. Others depend on the case.

If a defendant pleads nolo contendere to or is convicted of a felony or other offense, court costs are $50 for a felony and $20 for any other offense. Fines have ceilings set by statute. A third-degree felony fine is capped at $5,000, and a second-degree misdemeanor fine at $500 (§ 775.083), unless a higher amount equal to double the pecuniary gain or double the pecuniary loss applies or a statute specifically authorizes more. If someone was injured or killed, the court may also order a fine up to $10,000 if the defendant can pay and the fine will not cause the defendant’s dependents to be dependent on public welfare (§ 775.0835).

Restitution is another cost. The court must order the defendant to pay restitution for loss caused by the offense (§ 775.089). For bodily injury, that can include medical care, lost income, and funeral costs when a death results.

Outside witnesses, evaluations, and bond costs can also appear. Ask for a full list of everything you may owe before you agree to representation.

A person may be indigent if income is at or below 200 percent of federal poverty guidelines, or if they receive certain benefits, but there is a presumption that the applicant is not indigent if the applicant owns, or has equity in, any intangible or tangible personal property or real property or the expectancy of an interest in any such property having a net equity value of $2,500 or more (§ 27.52). Counsel is provided to indigent persons in all prosecutions for offenses punishable by incarceration, including appeals, although in a prosecution for a misdemeanor or violation of a municipal ordinance the court, in its discretion, may decline to appoint counsel if the judge, at least 15 days before trial, files a written order of no incarceration (Fla. R. Crim. P. 3.111). Under Fla. R. Crim. P. 3.111, “indigent” means a person unable to pay for an attorney, including investigation costs, without substantial hardship to the person or the person’s family; the presumption that an applicant is not indigent if they own property with net equity of $2,500 or more (excluding the homestead and one vehicle up to $5,000) is in § 27.52, not this rule.

Criminal Defense Fees Are Different From a Civil Injury Claim

A criminal defense fee pays for defending the charge. A civil injury claim is a separate case that seeks money for harm from the crash. The two costs have different answers.

Civil injury claims often use a contingency fee, which is a share of any money recovered. Criminal defense usually works differently. Civil claims also have filing deadlines set by Florida law, so timing matters.

Patrick Wilson Law focuses on criminal defense. If a civil injury claim is part of your situation, that claim may need to be referred to another lawyer or firm.

One crash can lead to both a criminal case and a civil claim. Restitution paid in the criminal case is set off against any later civil recovery (§ 775.089). A conviction can also stop the defendant from denying the key facts in a later civil case.

Preparing for a Free Consultation

Gather what you have before the first call. Bring the citation or charging papers, any court dates, and letters from the court or prosecutor. Write a timeline of the day of the crash, and list anyone who saw it.

These papers help the lawyer give a more specific answer about cost and next steps. The cost depends on the facts of your case, and a clear timeline makes those facts easier to sort out.

The firm offers a free first consultation that is confidential and carries no obligation to continue.

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Talk With Patrick Wilson Law About Your Situation

Many people reading this are worried about a family member, a friend, or themselves. You may be trying to understand costs before you decide what to do next.

How much does a hit and run lawyer cost in Florida?

Cost depends on the charge, any injuries, and the work the case needs. Fees are usually a flat fee, an hourly rate, or a mix of both.

Is leaving the scene a felony in Florida?

It depends on the crash. A property-damage case is a second-degree misdemeanor, while injury or death cases can be felonies.

How can a hit-and-run charge be defended?

Is a criminal charge the same as a civil injury claim?

No. A criminal case is brought by the state. A civil claim seeks money from the person who caused the harm.

If a crash has put you or someone you care about in a courtroom situation, you don’t have to sort out the costs alone. Call 786-761-1719 or leave a message through our contact form to talk through your situation.

The information on this website is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Past results do not guarantee future outcomes. Please consult a qualified criminal defense attorney regarding your specific situation. Patrick Wilson Law, 13501 SW 128th St Ste 205, Miami, FL 33186.

What Shapes the Cost of Your Defense

The Charge Itself

A property-damage crash, an injury crash and a crash involving a death are charged differently, and the charge affects the work a case requires.

Injuries and Evidence

Medical records, crash reconstruction and witness statements can add time and expense when they are part of the case.

Court Appearances

Each hearing, pretrial conference or trial setting adds preparation and attendance time to the overall work.

Costs Beyond the Fee

Filing fees, court costs and other charges may apply in addition to the attorney's fee, so ask for a full list before you agree to anything.

Common Ways Criminal Defense Fees Are Structured

Flat Fee

A set price for a defined scope of work, such as handling a single misdemeanor case through a specific stage. Confirm in writing what the flat fee covers and what it does not.

Hourly Rate

Billing by the hour for time actually spent on the case. The total depends on how much work the case requires, so ask for an estimate and how often you will receive billing updates.

Combined Structure

Some engagements pair a flat fee for the core defense with hourly billing for additional work, such as trial preparation. The agreement should spell out which work falls under each part.

Free First Consultation

Patrick Wilson Law, PLLC offers a free, confidential first consultation with no obligation to continue, so you can discuss your case before deciding anything.

Ask for a Written Fee Agreement

Before you hire any lawyer, ask for a written fee agreement that lists every cost you may owe, including filing fees, court costs and any other charges. Verbal estimates are easy to misunderstand.

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