Richard D Huffman II

On December 18th, 2011 I was convicted of brandishing a firearm. I consulted with numerous attorneys about possible ways to handle this conviction. I was referred to Mr. Huffman by an attorney I had a previous good experience with.   Frank Crudo told me that Mr. Huffman had recently left the employ... of the San Diego County District Attorney’s Office, that he was an attorney with solid credentials and that I would be well advised to consult with him.   Mr. Huffman told me that he had handled a number of misdemeanor appeals in the California Appellate Court and that my case was a compelling one and that I would be well advised to file an appeal. He told me that if I hired him, I would no longer have to feel as though I had to constantly look over the shoulder of my attorney. He told me that he had been practicing criminal law for almost twenty years and that he felt confident we would prevail on the appeal and then would be even better positioned to file a subsequent civil action against my accuser.   I was impressed by Mr. Huffman’s intelligence and interest in my case. I promptly gave him a $750 retainer, followed by another $250 a few weeks thereafter with the understanding that a total of $3500 would be paid prior to the date of the appeal being heard before the fall of 2012.   I repeatedly asked Mr. Huffman if he needed anything from me, he said he did not. I asked him if he had the court transcript and repeatedly asked for a copy of same. He said he “didn’t have all of it” but that he would work on it and not to worry, it’s all going to be ok.   I was assured numerous times by Mr. Huffman that the requisite paperwork had been submitted to the court (i.e. a notice of appeal).  Numerous attempts to get copies of that paperwork have since been ignored (by design).   Just one night before my sentencing, Huffman called me in a panic, apologizing for the fact that “someone at the courthouse” had made a mistake.  “Don’t worry though” he said “I don’t expect any surprises tomorrow.”   At this point, he still had not substituted in as the attorney of record on my case as he had committed to.  I was alarmed that the sentencing was still going to be held in Judge Richard Mills courtroom—as I expected Judge Mills would have already been apprised  I filed an appeal and expected (per Mr. Huffman) that I would most likely remain out on bond while the appeal was pending. Huffman told me I should expect this case to take well into the summer or later to be heard by the Appellate Court.   You can only imagine the horror I felt the day I was sentenced when Huffman meets me in the corridor and laments that “there really isn’t anything clearly we can appeal on. I think you should take work furlough and get this over with.” Here he had had two months to order the transcript (which he never did) to evaluate the compelling basis on which to file an appeal, he didn’t do it and now he suggests he is “sorry” but he hasn’t found “anything” to justify filing an appeal. All the while, he told me not to worry.   I was sentenced to work furlough on 2/29/12 and began serving a 120 day sentence on 3/12/12.   Upon reflection, I realized that Mr. Huffman’s story of sending the appeal paperwork to the court only to have it rejected may have been a complete fabrication. I contacted the clerk’s office of the Appellate Court and was told that no paperwork requesting an appeal in my case had ever been received. Further, I was told that even had there been paperwork that was returned, out of respect for the protection of due process that such a rejection would have been noted in the file. I came to this realization AFTER the 30 day time limit on filing an appeal had passed.