When charged with a crime, every defendant has certain rights and allowances under the law. One of those allowances includes the right to an initial appeal of any criminal conviction and the representation of counsel, regardless of whether or not you can afford an attorney.
Take, for example, the case of “spiritual” leader James Ray, who was found guilty of negligent homicide for the deaths of three people during a sweat lodge ceremony.
Ray's criminal defense attorneys appealed his conviction, but Ray allegedly could not afford to pay them or the costs of an appeal because he is $11 million in debt, according to the Associated Press. Although his attorneys agreed to represent him for free, or pro bono, Ray claimed he could not afford the cost of accessing necessary court records and transcripts.
Ray is now requesting that a judge declare him indigent to waive the administrative costs of the appeal. Prosecutors, however, can challenge the request and have asked for evidence that he's truly broke, including financial records showing he is not receiving royalties from self-help books, DVDs, online coaching services, and retirement accounts, according to the Associated Press.
A hearing will be held regarding Ray's indigence request. If Ray is able to prove that he is not receiving any income, and truly cannot afford his appeal, the costs of his appeal might be waived. If his criminal defense attorneys had not agreed to represent him pro bono, a court would also appoint government-funded counsel to represent him.
For more information on criminal appeals, see our Related Resources section.
Related Resources:
- Find a Phoenix Criminal Defense Attorney (FindLaw)
- May I appeal my conviction? (FindLaw)
- Prisoner Rights & Resources (FindLaw)
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