Do You Need to File a Criminal Appeal?
Do So with a Knowledgeable Brockton Criminal Defense Lawyer
It is often assumed that a conviction acts as the final word in all criminal
cases. In Massachusetts, however, those convicted of a crime may be able
to appeal their conviction and obtain a more favorable ruling. As the
process of filing an appeal can be quite complex, it is imperative that
you seek representation from an experienced Brockton
criminal defense attorney.
Our legal team at South Shore Criminal Defense has handled thousands of
cases and shares decades of legal experience. We are former prosecutors,
meaning we understand how both sides of the courtroom work. When you need
to have your conviction overturned, you can rely on our firm for outstanding
support in Brockton, Hingham,
Get started towards filing an appeal by requesting a free consultation
Understanding the Criminal Appeals Process
Massachusetts has two state appellate courts: the Appeals Court and the
Supreme Judicial Court. Most appeals go first to the Appeals Court, but
if the defendant is unsatisfied with the decision reached, they can ask
the Supreme Judicial Court to review the decision. If a person wishes
to appeal, they must file a notice of appeal within 30 days of receiving
the disputed decision. Failure to adhere to this deadline can result in
a defendant losing their right to an appeal.
A case cannot be appealed just because a defendant didn’t like the
outcome. There must be appropriate grounds for an appeal, which can include
any or all of the following:
- Whether there was sufficient evidence to support the conviction
- Whether the jury received correct or adequate instructions
- Whether evidence was admitted improperly
- Whether incorrect legal rulings were made on pre-trial motions
No new evidence is introduced during an appeal; rather, the appellate court
looks only at the evidence that has already been presented to determine
whether it is sufficient to support a conviction. The more familiar your
attorney is with the appeals process, the better your chances of securing
a favorable outcome.
Is an Appeal Worth It?
In most cases, it is absolutely worth it to pursue an appeal of your criminal
charges. In some cases, an appeal can be instrumental in reducing a person’s
sentence or even eliminating their conviction altogether. If a judge approves
an attorney’s motion for a new trial, the previous verdict can be
completely thrown out and the trial process will start over fresh. This
gives a defendant a new chance at securing the results they need.
How an Attorney Can Help
If you are pursuing an appeal, it is urgent that you retain the services
of a hard-hitting attorney as soon as possible to maximize your chances
of reaching a desirable outcome. A knowledgeable lawyer can examine the
circumstances of your case and help you prepare a compelling written “brief”
of your objections to the previous decision and submit it to the appellate
court. The strength of this brief is crucial, as it can make or break
your chances of proceeding further through the appeals process.
Convicted in Brockton, Hingham, or Quincy? Call Our Firm Today.
We understand how quickly a criminal conviction can tarnish your reputation
and damage your freedoms. When entrusted with the details of your appeal,
we will work diligently to resolve your case as swiftly as possible. The
one-on-one legal representation we offer is key to the successful results
we’ve obtained for our former clients. We welcome clients from all across
Plymouth, Quincy, Hingham, and surrounding communities.
Don’t waste any time! Massachusetts gives convicted defendants just
30 days to file an appeal. Contact South Shore Criminal Defense
today to speak with our criminal defense attorneys about your case.