Appeals in Criminal Cases: Your Second Chance
A conviction is not always the end of the road. This blog will discuss the appeals process in Massachusetts, including what it entails, common grounds for appeal, and how an experienced appellate attorney can make a difference.
An appeal is a request for a higher court to review the decision of a lower court. It focuses on errors made during the trial, such as incorrect jury instructions, improper admission of evidence, or procedural mistakes that violated the defendant’s rights.
Filing an appeal requires adherence to strict deadlines. In Massachusetts, defendants generally have 30 days from the date of conviction to file a notice of appeal. Missing this deadline can forfeit your right to challenge the verdict.
The appellate process involves submitting written briefs that outline the legal errors in the trial. Oral arguments may also be presented to the appellate judges. An attorney with experience in appeals knows how to craft persuasive arguments and highlight critical issues.
Successful appeals can result in a new trial, a reduced sentence, or even a complete dismissal of charges. However, not all cases qualify for appeal. A lawyer can evaluate the merits of your case and advise you on the best course of action.
Appealing a conviction is complex and requires a deep understanding of appellate law. Working with a skilled attorney increases your chances of achieving a favorable outcome and potentially overturning a wrongful conviction.