How do I get a motion to obtain new counsel on an appeal? 33 Answers as of July 17, 2013

My husband was sentenced today to 20 years in Department of Corrections, for cocaine charges. The judge fined him $15,000.00, which had been put up for bond. When he lost the case, his attorney quit, since he was no longer going to be paid. We are appealing the case and need new counsel.

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William L. Welch, III Attorney | William L. Welch, III
Either hire a different lawyer, or your husband may apply to the Office of the Public Defender for an appointed one. Typically, OPD has a different lawyer handle the appeal.
Answer Applies to: Maryland
Replied: 8/30/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
Was attorney PAID to do the appeal? If YES: Report attorney to the MI State Bar for his conduct. If NO: Just HIRE a new (appeals) attorney.
Answer Applies to: Michigan
Replied: 8/29/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
He would have been given a form to ask for appellate counsel. Use it. Other wise call around to see who does this type of work.
Answer Applies to: Michigan
Replied: 8/29/2012
Law Offices of Mark L. Smith
Law Offices of Mark L. Smith | Mark L. Smith
Your husband should file a financial affidavit and say he cannot afford an attorney.
Answer Applies to: Rhode Island
Replied: 8/28/2012
Steven Alpers | Steven Alpers
You can either hire a lawyer or the court will appoint one to represent him if you do not have the money.
Answer Applies to: California
Replied: 8/27/2012
    Law office of Robert D. Scott | Robert Scott
    You don't need a motion to hire new counsel. You can search the yellow pages or internet and hire any attorney willing to take your case.
    Answer Applies to: Maryland
    Replied: 8/27/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    File the notice of appeal. It is a form you can get on line from the court of appeal.
    Answer Applies to: California
    Replied: 8/27/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you have the money, hire a new attorney who handles appeals. If indigent, see the public defender, or contact the Illinois Appellate Defender's office within 30 days of the sentencing.
    Answer Applies to: Illinois
    Replied: 8/27/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    If your previous attorney was the trial level attorney and not the appellate attorney, then you can hire an appellate attorney. If the attorney that quit was the appellate attorney, if he did not make a motion to withdraw as attorney he should do so. If he does not you can discharge him and hire another attorney. If you can not afford an attorney you can apply to the court for a court appointed one.
    Answer Applies to: New York
    Replied: 8/27/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    If you can't afford the cost of hiring an appeal lawyer, you can ask for court appointed counsel to do the appeal.
    Answer Applies to: Kansas
    Replied: 8/27/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    When the trial was over, so was the attorney's obligation to you, unless you contracted with him for an appeal. Now, you hire an attorney or apply for the public defender if he qualifies. If serious about hiring counsel to help in this, feel free to contact me about the grounds for appeal, and the fees and costs.
    Answer Applies to: California
    Replied: 8/27/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If your husband in determined to be indigent (without funds to pay an attorney), an attorney could be appointed to represent him. If you have the funds and do not qualify for a public defender, then you will have to search for an attorney who specializes in appeals.
    Answer Applies to: Washington
    Replied: 8/27/2012
    MatthewR. Schutz, Esq | Matthew R. Schutz
    You can apply for a Public Defender.
    Answer Applies to: New Jersey
    Replied: 8/27/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Retain appellate counsel or call the appellate court if you think you qualify for appointed appellate counsel.
    Answer Applies to: New York
    Replied: 8/27/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You may hire new counsel at any time or you may apply for a public defender if you qualify financially with the public defender's office. Your attorney must file the appeal on your behalf to preserve the timelines pending appointment of the public defender. You may wish to ask them to do so.
    Answer Applies to: Minnesota
    Replied: 8/27/2012
    John P Yetter | John Yetter
    File a motion with the trial court seeking to have the Office of the State Appellate Defender appointed, or hire a qualified lawyer.
    Answer Applies to: Illinois
    Replied: 8/27/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Contact the state public defender as they have an appellate division.
    Answer Applies to: Colorado
    Replied: 8/27/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Request a public defender, make sure you do this immediately.
    Answer Applies to: Wyoming
    Replied: 8/27/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If you have resources available you can hire new counsel. If you have no resources your husband might petition the court to appoint an attorney to represent him on appeal and to request a free transcript.
    Answer Applies to: Alabama
    Replied: 8/27/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    When you retain an attorney to handle a case that retainer does not cover an appeal. An appeal is a separate matter and would require a new retainer, usually around $25,000 for a felony trial appeal. Almost every appeal is handled by Legal Aid appeal lawyers or if it is in federal court by the federal public defender's office. Only one in a thousand appeals is successful so you should not count on getting a new trial. An appeal is a motion for a new trial based on mistakes that were made at the trial. There must be serious mistakes that were made by the prosecutor, the jury, the defense lawyer, or some misconduct and it must be shown that the defendant would not otherwise have convicted but for that mistake. You should make sure that the lawyer puts n a notice of appeal and gets the file to the public defender or the appeal lawyer you retain. I can recommend some appeal lawyers if you have the $25,000, otherwise you will have to rely on Legal Aid. Your lawyer did not "quit" and he should not be blamed for not winning the trial since 90% of all defendants are convicted at trial and almost all of them are guilty and the evidence is usually clear and convincing.
    Answer Applies to: New York
    Replied: 7/17/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You just hire a new lawyer.
    Answer Applies to: Nebraska
    Replied: 8/27/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    Time is of the essence. Written motions must be filed with the court within less than 30 days of the judge's sentence. Otherwise, rights may be waived (i.e. given up). Find a way to pay an attorney. Or contact your local bar association of your city or county. Perhaps they can help in some way with a referral. Good luck.
    Answer Applies to: Illinois
    Replied: 8/27/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    Hire another one.
    Answer Applies to: Texas
    Replied: 6/13/2013
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Just hire a new lawyer.
    Answer Applies to: Georgia
    Replied: 8/27/2012
    Mary W Craig P.C. | Mary W Craig
    It's not at all unusual for trial counsel to withdraw so that appellate counsel can handle an appeal. Even if your lawyer had gotten paid, he probably shouldn't have handled the appeal himself. Call the state bar's lawyer referral service and ask for the name of an appellate lawyer, or look online for appellate lawyers.

    If you can no longer afford to pay for a lawyer, then the judge will appoint one for you. But you only have 42 days from sentencing in Alabama to file an appeal unless a lawyer files a motion for new trial. However, expect the judge to overrule the motion for new trial almost immediately.
    Answer Applies to: Alabama
    Replied: 8/27/2012
    Law Office of William L Spern | William Spern
    Call the local bar association and get a referral. The new attorney should know how to substitute for the current attorney of record. Act quickly as the appeal rule are very short in preparing an appeal.
    Answer Applies to: Michigan
    Replied: 8/27/2012
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