Getting Free Counsel for Federal Criminal Appeals

Getting Free Counsel for Federal Criminal Appeals

If you’ve been convicted of a federal crime and want to appeal, you may be able to get free legal help. Here’s what you need to know about getting counsel appointed in federal criminal appeals.

The Right to Counsel in Appeals

The Sixth Amendment gives you the right to have a lawyer in federal criminal trials. This right also applies during appeals. Just like at trial, if you can’t afford a lawyer for your appeal, the court will appoint one for free.

There are a few ways you can get free counsel for your federal criminal appeal:

• If you had a public defender or appointed lawyer at trial, they’ll usually keep representing you on appeal automatically.
• If you had a private lawyer at trial who you can no longer afford, you can ask the court to appoint a new lawyer for the appeal.
• If you represented yourself at trial (pro se), you can request a lawyer be appointed for the appeal.

The process works slightly differently in each scenario. But the bottom line is if you qualify financially, you have the right to free counsel for your federal appeal.

Qualifying Financially for Appointed Counsel

To have an attorney appointed for your federal appeal, you’ll need to show you can’t afford to hire one. The court looks at your income and assets to decide if you’re “indigent.”

You’ll have to fill out a financial affidavit listing things like:

• Your income sources and amounts (and your spouse’s if you’re married)
• Real estate you own
• Cars and other vehicles
• Cash and bank accounts
• Other assets and debts

The clerk’s office has the form you’ll need. Be sure to fill it out fully and accurately! Lying could be considered fraud.

The requirements vary by circuit, but generally you’ll qualify for appointed counsel if you’re low-income. For example, in the Ninth Circuit the income cutoff is 300% of federal poverty guidelines. The court also considers your expenses and whether you have anyone financially dependent on you.

If You Had an Appointed Lawyer at Trial

If the court already found you were indigent and appointed a public defender or CJA lawyer for your district court case, they’ll usually just keep representing you on appeal automatically. This is often called “continuity of counsel.”

Your trial lawyer knows your case best, so keeping them makes sense. But if there are serious issues like you’re unhappy with their performance, you can ask the court to appoint someone new.

If You Had a Private Lawyer at Trial

What if you paid for your own lawyer in district court, but now can’t afford to for the appeal? Don’t worry, you can still get counsel appointed.

After your conviction, complete the financial affidavit form to show you’re now eligible. The court will review it and decide whether to appoint an attorney. If approved, the Federal Public Defender or a CJA panel lawyer will be assigned to your case.

This process happens through the district court when first filing your notice of appeal. Be sure to make the request quickly so your new lawyer has time to prepare.

If You Were Pro Se at Trial

Representing yourself at trial doesn’t mean you have to on appeal! If you were pro se before, you can request appointed counsel for your appeal.

After filing your notice of appeal, complete the financial eligibility form. The court will review it and decide whether to appoint a lawyer. If approved, the Federal Defender or a CJA attorney will be assigned to handle your appeal brief, arguments, etc.

Getting a lawyer when you didn’t have one before is called “new appointment.” It gives you an important advocate for the appellate process.

How to Apply for Appointed Counsel

Here are the steps to request appointed counsel for your federal criminal appeal:

1. File your notice of appeal within 14 days of the judgment.
2. Ask the district court clerk for the CJA 23 Financial Affidavit form.
3. Complete the CJA 23 form accurately based on your current finances.
4. File the completed CJA 23 with a request for counsel to be appointed.
5. The court will review it and decide whether to appoint a lawyer.
6. If approved, the Federal Defender or a CJA panel attorney will be assigned to your appeal.

Be sure to request appointed counsel and file the CJA 23 form as early as possible. This gives your new lawyer time to review your case and prepare for the appeal. Don’t wait until the last minute!

If Your Request is Denied

What if the court reviews your CJA 23 form and determines you’re not financially eligible for appointed counsel? All is not lost. Here are some tips:

• Ask the court to reconsider if your circumstances have changed.
• If denied again, try to borrow money from friends/family to hire an attorney.
• Look into legal aid organizations, law school clinics, or pro bono groups that may help with appeals.
• Read up on appeals to take on the process pro se if need be.
• Focus your appeal on the strongest few issues and arguments.
• Apply for appointed counsel again if your finances worsen.

Getting free counsel appointed is extremely helpful. But even without a lawyer, you can still pursue an appeal on your own. Do your best with the resources available.

The Benefits of Having Counsel on Appeal

Why is having a lawyer so important for federal criminal appeals? A few key reasons:

• Knowledge of the Rules – The law and procedures for appeals can be complex. An experienced attorney knows the ins and outs of filing briefs, petitions, etc.
• Stronger Arguments – Lawyers are trained to identify the best issues to raise on appeal and make persuasive arguments.
• Better Writing – Legal writing is a skill. Lawyers know how to craft appeals briefs to maximize the chance of winning.
• Oral Arguments – If your case reaches oral arguments, lawyers are experienced at presenting before appellate judges.

Having competent counsel makes a huge difference versus trying to handle a federal criminal appeal alone. Take advantage of your right to appointed counsel if you qualify!

Conclusion

The appeals process after a federal conviction can seem daunting. But having a knowledgeable lawyer to guide you through it makes all the difference. If you can’t afford to hire an attorney, don’t lose hope. You likely qualify for free appointed counsel.

Just follow the steps to request appointed counsel, fill out the financial form accurately, and the court will assign you a lawyer if eligible. With an experienced attorney on your side, you’ll have a much stronger chance of success in overturning your conviction or sentence.

Don’t go it alone if you don’t have to. Seek appointed counsel to help even the playing field in your federal criminal appeal!

References

United States Courts, “CJA 23 Financial Affidavit.” https://www.uscourts.gov/forms/cja-23-financial-affidavit