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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.
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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.
What are the Requirements to File for an Appeal?
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.
Contact an Effective Boston Appeals Lawyer
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.
The Right Choice for Your Case
"We cannot recommend Brad Bailey more highly to anyone facing criminal charges in any court at any level."Anonymous
"Brad Bailey is one of the best attorneys I've had. He's easy to talk to and listens. Gives great advice and is ready to do work hard for a positive outcome."Krysten O'Donnell
"This is one smart and hard-working attorney. He is attentive and he was ready to fight any angle the prosecutors could come up with. His experience in the legal forum is significant and it shows."Canda Share
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Only Hire an Attorney Who Gets Results
- Murder 1, Jury Trial Not Guilty
- Federal Jury Trial - Obstructing Official Proceeding; Destruction of Records Not Guilty
- Arson Occupied Dwelling/Bomb Federal Jury Trial Not Guilty
- Aggravated (gang) Rape, Jury trial Not Guilty
- Child Rape, Jury Trial Not Guilty
- Perjury, Obstructing Justice, Federal Jury Trial Not Guilty
- Forcible Rape, Jury Trial Not Guilty
- Trafficking in Cocaine, Jury Trial Not Guilty
- Rape Appeal, Supreme Judicial Court Verdict Reversed, Indictment Dismissed
- Aggravated Felonious Sex Assault, New Trial Motion Granted, Indictment Dismissed
- Murder 1, Jury Trial Hung Jury
- Murder 1 , New Trial Motion Granted
- Aggravated child rape (age-gap), Jury Trial Hung Jury/Indictments Dismissed
- Aggravated child rape (age-gap) Indictments Dismissed
- Murder 1 Charges Dismissed
- Fraud/False Pretenses, Conflict of Interest, Conspiracy, Jury Trial Hung Jury/Indictments Dismissed
- Accessory After the Fact (to Felony), False Statements ( Public Official) Indictments Dismissed
- Armed Car-Jacking, carrying dangerous weapon, Larceny of MV Indictments Dismissed
Impressive Results Across the Nation
Team Approach to Handling Your Case
Experience as a Former Prosecutor
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