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Filing an Appeal in Massachusetts

MA Criminal Appeals Lawyer / Boston Criminal Appeals

A criminal case doesn’t necessarily end with the verdict. If you’ve recently been convicted of a crime in Massachusetts, you have the right to file an appeal. Maybe your trial attorney failed to advise you of your immigration consequences prior to agreeing to a plea, or maybe the judge made an error that deprived you of a fair trial. There are many different reasons that might give rise to an appeal.

You only have 30 days from the disposition date to file your appeal, although extensions can sometimes be granted. The Appeals Court, as well as the Supreme Judicial Court, has the ability to affirm or reverse your conviction, reduce the sentence, or order a new trial.

The Appeals Court will first review the transcript from your trial, including the arguments presented by each side. The Court will look for legal errors, mistakes, or oversights. An appeal can also be successful where that is newly discovered evidence, ineffective legal representation, or a violation of your rights.

To start the process, a notice of appeal is filed with the Appeals Court. Next, I would prepare the record, including the transcript from the trial, as well as a written brief regarding the facts and law involved in your case. The brief contains an argument in support of your position, by utilizing the facts and analyzing the applicable laws involved. The Appeals court may then schedule a date to hear oral arguments. In some specific cases, such as first-degree murder convictions, the Appeals Court is bypassed in favor of the Supreme Judicial Court.

If you are considering an Appeal in Boston, you need a strong advocate on your side contact me today.
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