How long do I have to file a criminal appeal in Massachusetts?

Deadlines vary by the type of appeal and court involved, but direct appeals generally have to be filed within a specific window after sentencing. Missing that deadline can forfeit your right to a direct appeal, so acting quickly matters.

What's the difference between a direct appeal and a post-conviction appeal

A direct appeal challenges a legal error from the original trial, while a post-conviction appeal comes after direct appeals are exhausted and typically raises constitutional issues like ineffective assistance of counsel or newly discovered evidence.

Can new evidence be introduced during a criminal appeal?

Generally, direct appeals focus on the existing trial record rather than new evidence. Newly discovered evidence is more commonly raised in a post-conviction appeal, where it can serve as grounds for challenging the conviction.

Appeals

Criminal Appeal Lawyers in Worcester
Serving Worcester, Middlesex and Hampden Counties

Winning an appeal is difficult regardless of the merit of the underlying claim, and it requires an attorney who not only knows the law but can interpret how it applies to the unique facts of a case. Criminal appeal lawyers at Rudolf, Griffis, Ruggieri & Murray are known for the depth and creativity of their briefs and arguments before the appeals courts of Massachusetts.

Types Of Massachusetts Criminal Appeals

Direct appeals: Filed after conviction and sentencing, challenging a legal error at trial such as a jury instruction, evidentiary ruling, or judge’s decision that affected the outcome.
Post-conviction appeals: Filed after direct appeals have been exhausted, challenging a conviction on constitutional grounds such as ineffective assistance of counsel or newly discovered evidence. Also called collateral attacks or habeas corpus petitions.

Cases We Handle At The Appeal Level

Drug crimes
Sex offenses
Violent crimes
Traffic violations

Appeals are highly specialized, and the facts of every case differ enough that there’s rarely a clear answer for whether a legal error occurred. An experienced appellate attorney can identify the governing principles from past cases and apply them effectively to your specific circumstances.

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