What is a Criminal Appeal in Massachusetts?

Written By: Matthew W. Peterson

Published: 09/30/2022

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Filing a Criminal Appeal in Massachusetts

If you’ve been convicted of a crime, you can ask a Massachusetts attorney to help you file for a criminal appeal. An appeal involves bringing your case to a higher court to review what happened at trial.

If you have been convicted or if your probation has been revoked, you can appeal to the Massachusetts Appeals Court. You will have to begin by filing a notice of appeal as soon as possible to preserve your rights. An appeal reviews whether the judge made any legal errors, and it is not a retrial of the facts of your case.

Not only can you appeal a conviction, but a criminal appeal in Massachusetts can also review your sentence. If the sentence is illegal, unconstitutional, or unreasonably excessive, you can appeal your sentence to the appeals court.

What are Some Reasons to File a Conviction Appeal After Trial?

Legal error
Insufficient evidence
Juror misconduct
Ineffective assistance of counsel

What are Some Reasons You Could File a Sentencing Appeal?

The sentence includes multiple counts in a single sentence
You’re sentenced in a manner that is disproportionate to the crime
Your sentence is above the maximum for a certain crime

Possible Outcomes of a Criminal Appeal in Massachusetts

There are three possible outcomes when you file for an appeal:

The appellate court judge can overturn your conviction.
Your appeal could be denied (in which case, the verdict that the lower court made will stand)
The appellate judge can order a new trial for the case.

Get Help with Your Criminal Appeal

If you think there was a legal error in your trial and you’d like to appeal your conviction or sentence, we’re here to help. The Law Office of Matthew W. Peterson is an experienced appeals attorney who will fight to get justice for you. Call or text us at 617-295-7500 and let’s get started on your case today!

Frequently Asked Questions (FAQs)

1. What is the purpose of a criminal appeal?

The purpose of a criminal appeal is to challenge the decision or sentence of a lower court by seeking a review from a higher court. This process allows individuals to argue that legal errors occurred during their trial or that their sentence was unjust, with the goal of overturning the conviction or obtaining a reduced sentence.

2. How do I file an appeal in Massachusetts?

To file an appeal in Massachusetts, you must gather all relevant documents, prepare a notice of appeal with essential details, and file it with the appropriate appellate court within the specified timeframe. It’s crucial to adhere to the rules governing appeals in Massachusetts.

3. What are common grounds for filing an appeal?

Common grounds for filing an appeal include legal errors made during the trial, insufficient evidence to support the conviction, juror misconduct, and ineffective assistance of counsel.

4. What are the possible outcomes of a criminal appeal?

The possible outcomes of a criminal appeal in Massachusetts include the appellate court overturning your conviction, denying your appeal (upholding the lower court’s verdict), or ordering a new trial for your case.

5. How long does the appeals process typically take?

The duration of the appeals process can vary significantly based on the complexity of the case and the court’s schedule. Generally, it may take several months to over a year to reach a final decision after filing an appeal.