If you are convicted of and sentenced for a criminal offense, you have a constitutional right to an attorney on appeal. If you cannot afford one, the court will appoint an attorney to represent you. Is there any advantage to having your family pay their hard-earned money to hire an attorney instead? The answer is yes.
In Illinois the court will appoint the Office of the State Appellate Defender to represent you. The attorneys of the Appellate Defender are criminal-appeal s experts. That's all they do. I've worked for the Appellate Defender as an independent contractor. Most if not all of their attorneys could do an excellent job on your appeal.
But they won't have time to do an outstanding job. They have so many cases that they must work fast. The Appellate Defender is ridiculously understaffed and underfunded. I, on the other hand, can give your appeal the time and attention that you and your family want it to have. And I will go to work for you right away. The Appellate Defender can't start on your case right away. They have too many cases. You'll have to wait your turn.
Another difference: If you lose your appeal, you'll want to petition for leave to the Illinois Supreme Court. The Appellate Defender petitions the Supreme Court only in extraordinary cases. If I'm hired to do it, I do it.
Another difference: The only hearing in an appeal is the oral argument. The Appellate Court routinely grants private counsel more time than appointed counsel for oral argument. The Appellate Court is more likely to deny oral argument to appointed counsel than to private counsel. And on those rare occasions where the court notifies me that it is considering denying oral argument, I object and demand it.
Another difference: I am much easier to call on the telephone than the Appellate Defender. I am proud to make myself easier to call than anyone else. If your family hires me, you'll be able to call me on my cell phone.
There are other differences. But you get the point.
