Pro Bono Work by Attorneys

[SuperBronx]

My question involves criminal law for the state of: Pennsylvania

A friend of mine was convicted of possession of child pornography in January of 2009. To make a long story short, the pictures were found in the recycling bin of his computer. He alleges he discovered images and deleted them. His family had a computer forensics expert who testified that the porn was believed to have been downloaded by a computer virus he contracted. I've done some research and I found that there others out there who make the same claim. This was disputed by the prosecutions expert that testified that he had "never heard of such a thing". It sounds like this may be a good defense if it can be proven correct. His family went through a lot of financial hardship in fighting this case, and really don't have the resources to appeal the conviction.

There is no appeal planned at this time - and I don't know if after 2 years an appeal could even by filed. I'm helping his family because there is a language barrier, and wanted to find how they could investigate the possibility of finding a lawyer that does Pro Bono work. I heard that lawyers only do Pro Bono work in Civil cases but I wasn't sure. Any advice is appreciated
Thanks in advance

[free9man]

Contact your state's Bar Association. Lawyers do Pro Bono work in criminal court as well. Normally, it is groups like The Innocence Project. Also in some areas Public Defenders may be attorneys working Pro Bono.

[KeyWestDan]

"There is no appeal planned at this time." DUH? It is way too late for file a direct appeal. Direct appeals have to be filed within thirty days or less. There is NO APPEAL AVAILABLE.

As the family had its own expert, that eliminates a large area of argument and any claims like ineffective assistance of counsel. The jury or judge decided which expert was most credible.

There is some post conviction relief available, but that would have to be investigated and done by an attorney. Lots of luck finding anyone to do this type of a case pro bono. I think you are dreaming, but no harm in trying.

Perhaps he could get a new trial on the basis of new evidence, or that the expert lied or was simply not competent. Someone needs to investigate the "expert". Many times "computer experts" simply aren't experts or qualified expert witnesses.

Obviously the defense you outlined was done and failed. That is not grounds for any relief, unless you can show the expert was not qualified or lied. You don't say if there was a jury or not.

Before any trial, all the witnesses including expert witnesses are identified, and the defense would do depositions of the witnesses with a court reporter and under oath. The defense attorney would have known exactly how the state's expert would testify and should have had his expert be prepared for that.

You or the family will have to get the trial transcript produced. You will have to get copies of the depositions. They should have been produced, but possibly they were not. If not, someone has to pay for their production. NO pro bono attorney is going to pay that cost. If you think anyone is going to hand you all of this, you are seriously deluded.