How do I request a lawyer for a California misdemeanor appeal?

First protect the appeal deadline: a misdemeanor notice of appeal is generally due within 30 days after the judgment or appealable order. Requesting appointed counsel is a separate step; a CR-133 application does not file the notice or extend its deadline. California Rules of Court, rule 8.853

Who may qualify for appointed appellate counsel?

An application does not guarantee a lawyer. Rule 8.851 distinguishes cases where appointment is required from other indigent appeals where the appellate division may appoint counsel in its discretion. On application, the appellate division must appoint counsel if you were represented by appointed counsel in the trial court or establish indigency, and the appeal meets one of the rule’s case conditions. For a conviction appeal, the sentence, probation condition, or possible consequence of a probation violation must involve incarceration or a fine over $500 including assessments, or you must be likely to suffer significant adverse collateral consequences. For a charged-misdemeanor appeal, the case must be at a critical stage of the criminal process. Other indigent misdemeanor appeals may receive counsel in the appellate division’s discretion. Prior appointed trial counsel alone does not guarantee appointment. California Rules of Court, rule 8.851

Which forms and where?

Use Judicial Council form CR-133, “Application for Appointment of Counsel in Misdemeanor Appeal.” If you had appointed trial counsel, the application asks for the prior-counsel declaration. If you did not, the form directs you to include CR-105, the declaration of financial circumstances. These forms support the request but do not themselves establish eligibility or decide whether the appeal has merit. CR-133 · CR-105

If trial counsel believes the rule applies, counsel must prepare and file the application in the trial court. When you were represented by appointed trial counsel, the application includes counsel’s declaration; otherwise it must include the Judicial Council financial declaration, CR-105. CR-133 identifies the court and trial case and has fields for the appellate-division case number, if known. The trial-court clerk must send an application to the appellate division within 15 court days after it is filed. After the notice of appeal is filed, you may also apply directly to the appellate division. The appellate division must grant or deny the application within 30 days after it is filed. Follow the correct division’s filing instructions and keep proof of submission.

Keep the dates separate

The ordinary 30-day notice period runs from the judgment or appealable order. The 15-court-day clerk-forwarding period and 30-day decision period apply to the counsel application, not the notice of appeal. If you are near the deadline, ask counsel or the appellate division clerk immediately about filing the notice and the correct application route; a clerk cannot give legal advice. Check for any case-specific extension or exception before relying on the ordinary period.

For help reviewing an appeal from a California criminal case, contact the Law Offices of David S. Chesley at (800) 755-5174.