![]() ![]() I have had some clients say "Well, I already did my time, so why even bother challenging my conviction?"Īlthough 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. 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.Īn 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. 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. 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. ![]() 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.Ī criminal appeal can challenge a wide variety of issues, even those that might have occurred before trial. And you should, as there is seldom a case that was tried to perfection and was free of any legal error. You Can Still Fight Your Criminal Case If You Were ConvictedĮven 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.
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