Should I Hire a Private Appeals Attorney or Seek Representation from the California Appellate Project?
When appealing a California conviction, you want to ensure you have the most qualified legal representation available. But not everyone is in a position to hire “the best that money can buy”. Many times, a defendant must decide whether to go with a public attorney or whether to borrow money to hire a private one. Here are some useful tips to help you determine whether to seek representation from the California Appellate Project or a private lawyer.
First off, the California Appellate Project (CAP) only represents clients who are appealing California felony convictions. If you are appealing a misdemeanor conviction, you must seek private representation.
Second, CAP only represents indigent clients. You are “indigent” if you cannot afford to pay for a private attorney. The attorneys who work for the California Appellate Project receive training and support so that they can offer their clients effective representation.
This means that if you can afford to hire a private attorney, CAP will not represent you. But if you cannot afford private services, you may want to consider borrowing money from a friend or relative to ensure that your attorney devotes as much time as necessary to your case.
Unfortunately, as well-intentioned as a CAP lawyer may be, if he/she has too many cases, he/she may not be able to dedicate the necessary amount of time to any one case. A private attorney controls his/her own caseload and therefore is able to devote as much attention as necessary to each individual client. Private attorneys also generally have access to more resources than publicly retained lawyers.
The bottom line is that you must feel comfortable with your attorney. California appellate law doesn’t allow much time to file an appeal. Acting quickly will ensure that you have the opportunity to make this tough decision.
