Criminal Appeals

You Can Still Fight Your Criminal Case If You Were Convicted

Even if you took your Massachusetts criminal case to trial and were convicted of a misdemeanor or felony crime, you still have legal options to appeal your conviction and fight for your freedom. And you should, as there is seldom a case that was tried to perfection and was free of any legal error.

It is your right to have your criminal trial case reviewed by a higher Massachusetts court, such as the Appeals Court or the Supreme Judicial Court, and challenge any erroneous rulings by the judge on the evidence or on the law; the prosecutor’s conduct during the case; or even your trial attorney’s handling of your defense.

A criminal appeal can challenge a wide variety of issues, even those that might have occurred before trial. For instance, your criminal trial lawyer might have litigated a Motion to Dismiss that should have been granted by the judge; or the prosecutor might have withheld evidence; or a Motion to Suppress was improperly denied that could have changed your chances at trial or in some cases, even resulted in a dismissal. Maybe your trial lawyer failed to effectively represent you; didn’t offer certain evidence to the jury or failed to call a key defense witness. Or maybe new evidence that wasn’t known to you until after you were convicted has come to light that would warrant the court giving you a new trial based on newly discovered evidence.

An appeal of your criminal case could also challenge things that occurred during the trial itself, such as mistakes on rulings of law or evidence by the judge; a change in the law on certain legal issues that were applied retrospectively; evidence that was admitted in error or was grossly prejudicial; errors that occurred either during the jury selection process or other juror issues that arose during the course of trial; improper questioning or arguments by the prosecutors; and mistakes or omissions in your defense by your trial attorney.

I have had some clients say “Well, I already did my time, so why even bother challenging my conviction?”

Although it is true the time you spent incarcerated may never be returned to you even upon a successful appeal, there are a wide variety of issues to challenge your conviction…

If you were convicted of a sex offense, overturning your conviction may relieve you of having to be labeled a sex offender for life and of the requirements of the Massachusetts Sex Offender Registry Board…

If you were convicted of a gun crime, you may have interest in overturning your conviction so that it is not used as a predicate for a future ‘subsequent’ gun charge, which would carry a greater minimum-mandatory sentence of incarceration…

If you were convicted of a violent crime in Massachusetts, you may want to overturn your conviction so that the crime is not used as a predicate offense for a charge as an Armed Career Criminal or to be indicted as a Habitual Criminal Offender…

If you were convicted of OUI / DUI, you may want to challenge your conviction because your drunk driving conviction affects your employment and driver’s license status now and in the future…

If the Massachusetts Appeals Court or the Massachusetts Supreme Judicial Court determines that the evidence at trial was legally insufficient to convict you, such as evidence was improperly admitted or that other procedural errors were made, the conviction may be reversed and the court may order a new trial. The appellate court may also rule that critical evidence was improperly admitted or too prejudicial and that the government may not introduce it any subsequent retrial – this may, in some circumstances, prevent the prosecutor from having any case against you and would be unable to retry the case.

Whether or not you choose to pursue an appeal from a conviction from a Massachusetts criminal charge, you should first discuss your case and all the legal issues with a criminal appeals lawyer so that you known and understand all your options and all the legal implications.

If you have been convicted of any crime, contact Massachusetts Criminal Appeals Lawyer Lefteris K. Travayiakis to review your criminal case to evaluate whether there are any issues for your appeal and challenge your conviction if any mistakes were made. A successful appeal could result in getting your conviction reversed, a reduced sentence, or even a retrial.

Submit Your Request to Contact a Massachusetts Criminal Appeals Lawyer for a Free Consultation 24/7 to discuss your legal options, or call 617-325-9500.