If you have been convicted of a crime you may challenge the verdict y

If you have been convicted of a crime and would like to challenge the process you usually have a right to pursue a post-conviction motion or a direct appeal.  The rules and requirements of appeals are specific and time sensitive.  If you are contemplating appealing a verdict you should seek and attorney who will preserve your rights and effectively pursue your appeal

Post-conviction motion

There are many different ways to pursue a post-conviction motion.  Some of the avenues available include a motion for a new trial, motion to withdraw a guilty plea, and a motion to revise and revoke a sentence.  Different circumstances will dictate whether one or more of these options apply to your situation.

Direct Appeal

Usually, a person convicted of a crime will challenge the verdict through a direct appeal.  There are two State appellate courts in Massachusetts.  The Supreme Judicial Court which is the State’s highest court.  The Supreme Judicial Court is often referred to as the SJC.  The other appellate court is called the Appeal’s Court.  Most cases, other than first-degree murder convictions, begin at the Appeal’s Court and then if further challenged may reach the SJC.

One of the most important steps in an appellate process is the writing of the appellate brief.  This is a critical stage in an appeal especially since the Appeal’s Court often decides the case based on the brief.  The brief will contain our legal arguments and be the key to convincing a court that your conviction was improper.  If an Appellate court agrees that the conviction was improper the case will be overturned.  This usually does not mean the case will be dismissed.  Rather, the case will usually be returned to the trial court and set for a re-trial.  There are some exceptional circumstances where a reversal ends a case but this is the exception rather than the rule.

Locally Experienced

Attorney Brennan is experienced in handling Appeals in the Greater Boston area including Worcester, Lowell, Lynn, Lawrence, Newton, Cambridge, Brockton, Barnstable, Woburn, Salem and Chelsea.