Bill > S763

This bill proposes to amend Section 28E of Chapter 278 of the General Laws to clarify who is responsible for the costs associated with an appeal when the Commonwealth is involved. Specifically, it states that a defendant who is not considered indigent, meaning they do not qualify for free legal representation under Chapter 211D of the General Laws, will generally have to pay their own appeal costs. However, there are exceptions: if the Commonwealth loses the appeal or if the Commonwealth's request for an appeal is denied, the defendant will be reimbursed for their appeal expenses, including reasonable attorney's fees, provided the court approves these costs. This change aims to ensure that defendants who can afford legal counsel bear the financial responsibility for their appeals unless the government is unsuccessful.