You are entitled to a lawyer when you appeal a criminal case, but the question is, are you entitled to the government to pay for your lawyer? There are certain types of appeals where the government will pay for a lawyer to represent you. The most common example is after you’ve been convicted after a trial, typically, the government will then select and appoint a lawyer to represent you. Either the court will select a lawyer or there will be a list of eligible lawyers for the government to pay to represent you during an appeal. Those types of appeals, you do get a free lawyer.
You’re also welcome to hire a private lawyer. I actually do private criminal appeals for clients all over the country, all over the state. So, you’re entitled to a free lawyer in that type of case. There are other cases where you’re, generally speaking, not entitled to a lawyer. For example, if you plead guilty and then decide you want to appeal for some reason, maybe there was a problem with the guilty plea. Typically, you’re not automatically entitled to a lawyer in that case, only in rare circumstances. Other types of appeals, you’re not entitled to a free government-paid lawyer, although you could get your own private lawyer. For example, a writ of habeas corpus. That’s a type of appeal where the government will only choose to give you a lawyer for free, so to speak, if you make out certain arguments, if it looks like your writ of habeas corpus is likely to be granted or has very strong arguments.
So, it’s almost like a catch-22. You have to do a great job in articulating why you have a strong case and only then, would the government agree to provide you with a lawyer. Many people therefore choose to hire a private lawyer for a writ of habeas corpus. There are other types of appeals, really, “post-conviction relief” that aren’t technically appeals where you are not entitled to a lawyer paid for by the government, but you could get your own private lawyer. An example is an “application for commutation of sentence”. That’s an application to the governor’s office or it could be to the president’s office asking for a sentence to be cut short.
There are other types of character-based applications where typically, you do not have a lawyer provided for you by the government. You have to hire your own if you want a lawyer or you can just do something yourself if you want to represent yourself. Hope that answers your question. Many times, you are entitled to a free government lawyer, not of your own choosing, but of the court’s choosing or the government’s choosing, and generally speaking in all appeals, you are entitled to choose your own private lawyer if you do want to hire private lawyer.
If you have questions about criminal appeals, you’re welcome to call me. I’d be happy to speak with you or have someone else in my firm speak with you. Thank you. Take care.