Boston Appellate Attorney

 If you are convicted of a crime, post-conviction relief (an appeal) is available either through a motion for new trial or a direct appeal. In limited circumstances, a habeas corpus petition may be filed.

Don’t let a wrongful conviction define your future. Contact us today at (617) 500-0252 for a free consultation with an experienced Boston appellate attorney.

Types of Appellate Issues 

Appellate issues can include, but are by no means limited to:

• Error at the pretrial and trial phases as denials of motions to suppress
• Admission of improper/prejudicial evidence
• Flawed jury instructions
• Prosecutorial misconduct
• Ineffective assistance of counsel
• Constitutional issues
• Insufficiency of proof

In Massachusetts, first degree murder convictions are automatically appealed to the Supreme Judicial Court (SJC), the state’s highest appellate court. All other appeals are taken to the Massachusetts Appeals Court (MAC). Adverse decisions at the MAC may be appealed to the SJC via a petition for rehearing or further appellate review, but further appeal to the SJC is not granted as a matter of right.

Understanding Grounds for an Appeal in Massachusetts

Not every conviction can be appealed simply because a defendant is unhappy with the outcome. Appeals must be based on legal errors that occurred during the trial, which may have impacted the verdict or sentencing. Some common grounds for an appeal include:

• Legal errors – Mistakes made by the judge, such as improperly admitting evidence or issuing incorrect jury instructions.
• Prosecutorial misconduct – If the prosecution acted unfairly, such as withholding evidence or making improper statements.
• Ineffective assistance of counsel – If your defense attorney provided substandard representation, failing to object to critical issues or present key evidence.
• Constitutional violations – If your rights were violated, such as unlawful search and seizure or a coerced confession.

A successful appeal does not mean an automatic acquittal. Instead, it can lead to a new trial, a reduced sentence, or in some cases, the dismissal of charges.

The Role of an Appellate Lawyer

An appellate lawyer plays a crucial role in post-conviction cases, but their job is very different from that of a trial attorney. Instead of presenting new evidence or calling witnesses, an appellate lawyer:

• Reviews trial records and transcripts to find legal errors that could be grounds for appeal.
• Prepares persuasive written arguments to file with the appellate court, known as appellate briefs.
• Presents oral arguments before appellate judges, defending the reasons why a conviction or sentence should be overturned.

The appeals process is highly technical, requiring extensive legal research and strategic argumentation. Hiring an experienced appellate lawyer can significantly increase the chances of a favorable outcome.

Post-Conviction Relief Options Beyond Appeals

If a direct appeal is not successful, other legal options may still be available, including:

• Motion for a new trial – Filed when new evidence is discovered or if there was a fundamental legal error during the trial.
• Habeas corpus petitions – Used to challenge unlawful imprisonment, often based on constitutional violations.
• Sentence reductions and modifications – In some cases, a judge may reconsider and reduce a sentence if circumstances justify it.

Understanding your post-conviction options can help you make informed decisions about your legal future.

Filing Requirements for Appeals in Massachusetts

In Massachusetts, to preserve one’s right to appeal, a notice of appeal must be filed with the clerk of the trial court within thirty (30) days of conviction or sentencing, depending on which one is later. Indigent defendants have the same right to appointed appellate counsel as defendants at the trial level.

Navigating the Appellate Process on Your Behalf

Filing an appeal can be a complex and daunting process, but with the help of an experienced Boston appeals lawyer, you can navigate the appellate process with confidence. Our team at Brad Bailey Law has a deep understanding of appellate law and can guide you through each step of the process.

When you choose us to handle your appeal, you can expect:

• Thorough review of trial records and transcripts
• Identification of potential appellate issues
• Crafting persuasive legal arguments
• Presentation of your case in appellate court
• Aggressive advocacy for your rights

Whether you are seeking to overturn a lower court decision or defend a favorable ruling, our Boston appeals lawyer is dedicated to pursuing the best possible outcome for your case.

Frequently Asked Questions (FAQ) About Appeals in Massachusetts

How long does the appeals process take?

• The appeals process can take several months to a few years, depending on the complexity of the case, the court’s schedule, and whether additional hearings or motions are required.

Can I introduce new evidence during my appeal?

• No, an appeal is not a retrial. It is based on the existing trial record, and no new evidence or witness testimony can be introduced. However, if new evidence is discovered, you may be able to file a motion for a new trial.

What happens if I win my appeal?

• Winning an appeal can lead to different outcomes, such as a new trial, a reduced sentence, or even the dismissal of charges. The appellate court will decide the appropriate next steps based on the errors found in your case.

Can I appeal my conviction more than once?

• In some cases, yes. If your first appeal is denied, there may be additional options, such as filing a habeas corpus petition or requesting further review by a higher court. Your attorney can help determine the best course of action.

Do I need the same lawyer who handled my trial for my appeal?

• Not necessarily. Appellate law is highly specialized, and many defendants choose to hire an experienced appellate attorney who focuses on legal research and written arguments rather than courtroom litigation.

Can I remain out of jail while my appeal is pending?

• It depends. Some defendants may be granted bail during the appeals process, but this is not guaranteed. The court will consider factors such as the severity of the offense and the likelihood of success on appeal.

Is an appeal the same as expungement?

• No. An appeal challenges the legal errors in your conviction, while expungement seeks to erase the conviction from your record. Expungement is only available in limited circumstances in Massachusetts.

Contact Our Trusted Boston Appeals Lawyer Today

If you are looking to file for an appeal, then it is important for you to retain an attorney who has the experience and know-how to provide you with the best possible case. Attorney Brad Bailey has proven his ability to successfully represent his clients before the appellate court.

Time is critical in the appeals process. Contact us now at (617) 500-0252 to discuss your case and explore your legal options.