South Shore Criminal Defense
617.231.7107
Schedule A Free Consultation Today
  • Home
  • About Us
  • Criminal Defense
  • Blog
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
  • Menu

How to Submit an Appeal

How Do Appeals Work?

An appeal is a legal action or remedy which starts after a judgment is made in trial court (e.g. district court and superior court). A direct appeal is the primary type of post-conviction remedy available to a defendant/litigant. Appeals can be heard in the Appeals Court and by the Supreme Judicial Court as well.

Grounds for appeal may include the following:

  • Whether there was sufficient evidence to sustain the conviction
  • Challenges to incorrect jury instructions
  • Improper admission or exclusion of evidence
  • Improper closing argument by the Commonwealth’s attorney
  • Incorrect rulings on pre-trail motions

In the case of a guilty plea in a criminal matter, however, there is no right to appeal. Instead, someone who pleaded guilty can pursue a post-conviction remedy in the same trial court itself according to Massachusetts Rules of Criminal Procedure.

Notice of Appeal

The process begins after judgment by filing a notice of appeal in the court which rendered the judgment. In general, an individual has 30 days from the judgment to file this notice as a matter of right. As soon as the notice is filed, the right to appeal is now preserved.

However, if the 30-day deadline to file the notice of appeal is missed, but you are less than 60 days out from the judgment, you are able to file the notice of appeal in the trial court and a motion to late-file the notice of appeal. You must show good cause for why the court should allow the late filing.

If 60 days have passed since your judgment, then you must file the notice of appeal with the Appeals Court, along with a motion to late-file the notice of appeal and, once again, show good cause for why the deadline was missed.

It is important to understand that no court in Massachusetts has jurisdiction to hear an appeal that is passed one year from the judgment. If that is the case, your appellate rights may be permanently lost. Call to discuss today.

Appellate Process for Direct Appeals

When the case is accepted by the court, the next important stage of the appeal is the writing of the appellate brief. This document contains details of all the facts involved in the case, an analysis of the legal issues raised and an argument in support of the position taken by the party who submits the said brief.

The appellant files the initial brief, those opposing the appeal files a responding briefly and then the appellant, if required, can file a short reply. When all briefs have been filed, the appellate court may schedule a court date to hear an oral argument.

If you are interested in pursuing an appeal in Massachusetts, contact South Shore Criminal Defense today to speak with our criminal defense attorneys about your case.

  • Former Prosecutor

    With in-depth experience on both sides of the courtroom, our attorney can provide the insight your defense needs.

    Why Choose Us
  • 4 Steps After an Arrest

    After being arrested for a crime, there are four key steps that you should follow. Find out what they are now!

    What to Do After an Arrest
  • Free Case Evaluation

    Trust your future to a team of former prosecutors. We offer the trial-tested, tenacious defense you deserve.

    Schedule My Free Consult

Ready to move forward?

Act Now! Schedule Your Free Consultation

Send My Information

Criminal Defense

How Can We Help You?

  • Assault
  • Criminal Appeals
  • How to Submit an Appeal
  • Common Appeals Cases
  • Default Warrant Removal
  • Drug Crimes
  • Expungement
  • Federal Crimes
  • Juvenile Crimes
  • OUI
  • Probation Violations
  • Theft Crimes
  • Violent Crimes
  • Weapons Crimes
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us
South Shore Criminal Defense

Toll-Free (617) 231-7107

South Shore Criminal Defense - Brockton Criminal Defense Attorney
23 Mechanic Street, Quincy, MA 02169 View Map
Brockton Office: 1342 Belmont St. Suite 101 Brockton, MA 02301 (617) 420-2716
Pembroke Office: 100 Schoosett Building 1, Suite A Pembroke, MA 02359 (617) 208-4260
Toll-Free (617) 231-7107
Local (617) 829-3240
Website: http://www.south-shore-criminal-defense.com/
© 2021 All Rights Reserved.
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.