Legal Question in Criminal Law in California

Re: appeal of conviction/sentence

If you can't afford a crimnal appellate attorney, the court of appeal will appoint one for you. In my experience the court-appointed criminal defense lawyers tend to be pretty good.

Re: appeal of conviction/sentence

It could take years, and appeals are generally not done pro bono. Most attorneys charge an hourly rate, or a flat fee. Plan on spending substantial money.

Re: appeal of conviction/sentence

How long the process will take depends upon many factors, including the complexity of the underlying case and the size of the court file. A lawyer can brief a simple case with a small file much more quickly than he can a more complex case with a large file. The appellate courts understand this and (usually) allow more time when attorneys need it.

Another important factor is the type of conviction involved. Some misdemeanor convictions can be appealed within the superior court, but others -- and all felony convictions -- must be appealed to the Court of Appeal. Appeals within the Superior Court usually take less time than those in the Court of Appeal, though this is partly because those cases tend to be simpler.

With few exceptions, indigent persons who are convicted of a crime are entitled to have a lawyer appointed at public expense on their appeals. There is thus seldom a reason to seek a pro bono lawyer.

Additionally, when deciding which cases to take pro bono, lawyers look at more than just the prospective client's financial situation. If they are going to work for free they want to know that they are helping to correct an injustice, not just that they are helping someone who can't afford to pay them. There are quite a few of these cases, and if yours isn't one of them there is little chance a lawyer would agree to handle it for free.

If you can afford a lawyer -- even if it hurts to do so -- then you are not entitled to have one appointed by the court and will have to either represent yourself or hire one privately. Feel free to contact me if you want to explore this option. I am certified by the State Bar as an appellate specialist (there are only about 240 certified appellate specialists in the state, and many only handle civil cases) and have a great deal of experience with criminal cases.