The best practice for a criminal defense lawyer on appeal is to ask their client whether they want to appeal. If the defendant wins on appeal, they may face more potential punishment than what they already received. For example, if a defendant enters a plea agreement with the State, they usually do so because they are promised something less than what they could have in terms of punishment. Do you really want to get your plea vacated on appeal? You may not get the same deal next time or if you are convicted after a trial, the judge is not bound by the previous plea agreement. What if you are convicted after a trial and are sentenced to five years in prison when you faced twenty? You should consult with your appellate lawyer to determine what you face if you should win on appeal.
Discussing the risks of winning on appeal is one of the first things you should do with your criminal defense appeal lawyer. When my clients on appeal decide they want to take the risk(s) by winning the appeal, I do everything I can to help them achieve their goal. Just know that sometimes you should be careful what you wish for.
