The total cost of litigating a criminal appeal in PA depends on a lawyer’s fee and the expenses required (filing fees plus the cost of transcripts, research, copies, and binding) to effectively file the appeal.
The amount of a legal fee for private appellate counsel depends on many factors including the lawyer’s experience, the length of the transcripts, the complexity of the issues, the availability of legal authority (precedential caselaw), and, ultimately, the time required to complete the work.
At Lampman Law, our minimum fee for a criminal appeal to the Superior Court is $2,500.00. Our minimum fee may cover the cost of a single-issue appeal that is not overly complex. Legal fees for an appeal can certainly be far more expensive depending on the complexity of the issues and the time required to complete first-rate work. Therefore, a very complex and/or time-consuming appeal may properly cost $10,000-$30,000 or more.
As with anything else, you will find attorneys willing to take appeals for less money. Perhaps they can produce well-argued briefs in less time. However, common sense dictates that you get what you pay for.
The constitutional right to counsel extends to direct appellate and collateral (technically only an initial PCRA petition) review. Therefore, the public defender must provide free legal representation for meretricious/requested appeals. The access to appeal is also made available by waiving the filing fees and all the expenses for an appeal.
Public defenders are constitutionally and ethically required to provide effective assistance of counsel. In general, public defenders also take pride in their work. The fact remains; however, that in most Pennsylvania Counties, there are only a few public defenders responsible for criminal appeals. Accordingly, their time and resources are limited.
Yes. If you can afford to hire a private criminal defense and appeals lawyer, you should because they will have more time, personal responsibility, and incentive to fully investigate and litigate your appeal. It is important to hire a criminal defense lawyer who has significant experience litigating cases post-conviction.
If you can afford to pay private appellate counsel, you should retain him/her as soon as possible so that he/she can learn about the case to properly preserve your rights and present your best argument(s).
It is essential to retain an appellate attorney early enough for him/her to properly and timely file post-sentence motions (within 10-days of sentencing), a Statement of Errors Complained of on Appeal (“Concise Statement”) when the appeal is to the Superior Court, or a Petition for Allowance of Appel to the PA Supreme Court, or a PCRA petition if direct review has been exhausted or if the issue is ineffective assistance of counsel.
Lampman Law is located on Public Square in Wilkes-Barre, PA and we litigate criminal appeals and PCRA actions in the Superior and Supreme Courts from convictions arising in trial courts throughout Pennsylvania.
