If you have been convicted of a crime such as sexual assault, drunk driving, robbery, domestic violence, or other crimes and are dissatisfied with the proceedings of your trial, then you have the right to file an appeal once your case has ended in the trial court.
Maybe you felt that your previous attorney gave you ineffective assistance of counsel or that the judge made an error that deprived you of a fair trial and violated your rights. Perhaps you felt that your sentencing was unjust or that the police did not follow procedure. These are all reasons for filing a notice of appeal.
However, your appeal must be filed within 30 days after your conviction or sentencing, whichever is later. Therefore, time is of the essence. The sooner you contact our Boston/Cambridge criminal appeals attorneys, the sooner we can order a court transcript, assemble your records, and start evaluating your case. In fact, we offer immediate answers to your questions and a free case consultation with an experienced criminal defense lawyer.
What happens after I file a notice of appeal?
In most cases, your appeal will go to the Massachusetts Appeals Court. First degree murder convictions go directly to the Supreme Judicial Court. The Appeals Court reviews all briefs after they have been filed. The court will determine if it schedules an oral argument before a panel of three Appeals Court judges or if it decides on the briefs without oral argument. In most cases, they will allow argument, so it's important to have a knowledgeable criminal appeals lawyer to present your case and help you through the appeals process.
During the appeal, sometimes an agreement can be made with the prosecution. A motion for revise and revoke occurs when both sides agree to a reduced sentence instead of following through on the original appeal. If you entered a plea bargain during your original trial, you would bring a motion to withdraw that plea, which would if successful, remove your conviction and re-open your case.
Often a successful appeal means that a case is remanded. Your criminal appeals attorney will highlight the mistakes the judge made during the trial, and the court may send it back for a new trial on the basis of those issues. In some cases, they might overturn the conviction altogether.
Why hire the criminal appeals attorneys at Altman & Altman?
Even if you were happy with the attorney you used in your original trial, it is often helpful to bring in new counsel so that they can evaluate your case with a fresh pair of eyes and perhaps argue your case from a different angle. No new evidence can be will be considered by the court during a criminal appeal, unless it is newly discovered and could not have been discovered at the time of trial. Therefore, having a new perspective on the original transcript is extremely important.
We understand the perspective of both the prosecutor and the appellant (or the person bring the appeal) and bring valuable experience from both sides of the courtroom. Our team of lawyers has successfully represented both juvenile and adult defendants in state and federal court. We will evaluate your court transcript, so you can be assured that we understand your case inside and out and will work tirelessly to uncover creative and persuasive ways to present your case. Every criminal case is different, but often the ability to "think outside the box" can mean the difference between a standing conviction and a retrial.
We know how to address the prosecution in their own language, but we also offer plenty of personalized attention to address all client concerns and ensure that you understand every step of the appeals process. If you hire the skilled criminal appeals attorneys at Altman & Altman in Cambridge, Massachusetts, then you can count on our team to be accessible and approachable to you and fight aggressively for your rights in and out of the courtroom. We will carefully answer any questions and work to ensure that you get the justice you deserve.
If you feel that your constitutional rights have been violated, contact our Boston/Cambridge criminal appeals attorneys for a free and confidential case consultation.