I don't think its constitutional to make an indigent person pay if the appeal is lost. Make the lawyer appeal that, too.
That is an unusual system, that you would have appointed counsel on appeal but would have to pay for the attorney (or costs, or transcript charges, or whatever the $4K represents) if you do not prevail. Are you sure that is correct? It seems very strange, but I don't know anything about Washington law.
Based only on what you have described in your question, I would not think that there is a multiple jeopardy issue in your case at all. As a matter of state law you might be entitled to have one of the convictions vacated, which is what your attorney has already told you.
There is not much we can tell you except what you already know, that you have a decision to make and that you should make it in consultation with your appellate attorney.
I would agree with the two previous answers. I really question a system built for persons who are indigent to have to repay costs for losing an appeal. That seems wrong. That being said, its a collateral issue that would be dealt with once the office charges you for the attorney fees, and could not be addressed in this appeal.
I think you should listen to the advice your attorney gives you much more than listen to the advice of people who don't know the facts of your case. i think that's why you won't get a direct answer.
That being said, double jeopardy is pretty straightforward and the attorney should be able to evaluate whether it was double jeopardy or not without much being left to discretion. Its your decision, so remember that.
Best of luck,
Shannon K. McDonald
I agree with the previous posts that if you win on appeal its free, and if you lose, you owe money. That is not how the system works. I would consult with an independent appellate counsel to first find out if what you have been told is the true state of the law. In essence they're saying that we know you can't afford a lawyer, but we'll give you one for free. And if you win, its still free, but if you lose, you'll have to pay. Where does that money come from if you were already found to qualify for an attorney at no cost?