The Fight After Sentencing: Choosing the Best Lawyer for Your Appeal

I spent over a decade in the trenches fighting for the rights of indigent people in the Bronx. As a public defender, I represented thousands. Like all lawyers, sometimes I won and sometimes I lost.  While no lawyer likes to lose, a lawyer’s fate is never as grim as the fate of the man or woman that stands convicted of a crime.  

Even one day spent in an American jail/prison tests a person’s resolve, faith, and sense of hope - I know this not only from conversations with clients but also from personal experiences with loved ones.  Hopelessness is a very real emotion, but it should never be the basis for one’s decision-making.

Assuming you have not given up the FIGHT for your freedom, you will have a lot of important decisions to make about your case after you’ve been convicted.

One of the most important decisions you will have to make is choosing the best lawyer to represent you. While the choices are infinite, picking the best lawyer for your appeal does not have to be a paralyzing problem. Here are some practical tips on how to conduct your search:

  • Ask the toughest question first:

    • Throughout my career as a criminal defense lawyer, many people have asked me “how can you defend THOSE people?”  To this day, I shudder every time I hear those words, not because I am scared to answer it but because the question itself reveals an ugly truth about our society and its view on criminal justice - the cloak of innocence is thin in this country.  Nonetheless, if you frame the question differently and pose it to your prospective lawyer, you will find out critical information about that person’s history, their views, and most importantly how they see you within the context of your case and against the weight of the law.  By asking “why do you practice criminal law or what is it about criminal appeals that interests you” you can find out pretty much everything you need to know about the person who will potentially represent you.

  • Assess their qualifications to represent YOU

    • Choosing the best lawyer does not mean only looking at the white-shoe firms or ivy league accreditations. Although I have nothing against fancy addresses and law schools, choosing the BEST lawyer means choosing the LAWYER THAT PUTS YOU FRONT AND CENTER. While you should definitely ask about the prospective lawyer’s background, areas of practice and skill level, the more important question is “is this lawyer going to listen to my suggestions and take into account my unique needs?”  While there are some things we lawyers simply cannot do (ie. advancing a baseless argument or filing a frivolous motion) figuring out how your lawyer will deal with strategic differences will help you decide whether this person is the right fit for you and your case.  Try asking “what does a positive working relationship with me look like to you?”

  • Reputation is key

    • There is no substitute for due diligence.  You have to do your homework on the prospective attorney and that means reading testimonials, speaking openly and honestly with the attorney’s former clients when possible (ie. if you were referred to this lawyer ask “what was it about this lawyer’s work that you liked”).  Have your family members check out whether the lawyer has had any instances of professional misconduct. A search on websites such as www.avvo.com will yield information critical to your decision making process.  More importantly, the reviews and testimonials on this site cannot be doctored or altered by the lawyer herself, which means that whatever you read about the lawyer is coming directly from people who have interacted with her.  

  • Financing your defense

    • Don’t shy away from talking about the price.  Investing in your appeal is one of the most important investments you will ever make.  As such, you need to know how much, when it’s due and what it’s for.  Some lawyers charge hourly and then bill you while others charge flat fees with installment plans.  In my opinion, a flat fees arrangement instills confidence in the process. With a flat fee, you know up front how much you are required to pay and it incentivizes the lawyer to work on your case in an expeditious manner.  Overall this fee arrangement makes for a much easier business relationship between the attorney and client as there is less room for disputes regarding the actual hours spent working on your appeal.

Though a jail sentence restricts your physical freedom, it does not inhibit your ability to keep fighting.  YOU STILL HAVE A LIFE. YOU STILL HAVE FREEDOM OF CHOICE. How you exercise your freedom of choice is just as important post-conviction as it was pre-trial.  By asking the right questions and following these guidelines you will find yourself on the most promising path to freedom.


This article was published in the inaugural issue of The ReEntry Chronicle, New York’s Only Publication Linking Returning Citizens to Relevant News, Resources, and Opportunities

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Jodi Morales, Esq.

President and Founder

With OVER A DECADE of experience as a public defender in the South Bronx, Jodi Morales, Esq. knows the ins and outs of criminal prosecutions and how to zealously defend.

Jodi has represented THOUSANDS of clients, litigated countless cases to acquittal and carefully negotiated complex dispositions saving many of her clients from criminal convictions, lengthy prison sentences and even deportation.  During her tenure with one of the most respected public defense offices in the world, she served as a supervising attorney in the Criminal Defense Practice and taught the art of effective trial advocacy to junior attorneys.  Jodi was also appointed to the specialized Adolescent Defense Project where she represented teens charged with felonies in Supreme Court. In 2015 the Charles Hamilton Houston Institute at Harvard Law School awarded her a competitive research fellowship to gather death penalty case data and help develop The Fair Punishment Project which creates a fair and accountable justice system through legal action and public discourse.  In addition to her advocacy inside the courtroom, Jodi consistently advocates for under-served populations. In 2017, she was appointed to serve on Community Board Four by Bronx Borough President Ruben Diaz Jr. Recently, Jodi was appointed to the Board of Trustees for Cayuga Centers a non-profit organization that serves children. Jodi received her Juris Doctorate degree from Yeshiva University’s Benjamin N. Cardozo School of Law where she was honored as a David Berg Fellow for the Public Interest. She is also a graduate of the State University of New York at Buffalo where she graduated cum laude with a Bachelor of Arts in English. Jodi is admitted to practice in New York State and the United States District Courts for the Southern, Eastern, Western and Northern Districts of New York. Jodi is fluent in Spanish and serves as a legal analyst on Univision, the top rated Spanish-language broadcast network in the U.S. and Latin America.

“The legal system can be frustrating. It was a blessing and pleasure to come across Attorney Jodi Morales - a person who cares on the job as well as off her job duties. Ms. Morales fought for my freedom just as hard as I did. It helps when a person comes into your life at a bad time and sees all the potential in you. This is what I found and received with her. Ms. Morales has seen me grow even more since our first encounter. I thank her for going beyond her job as well as caring. We need more Jodi Morales’ in the legal system.”
— J.J.

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