Boston Criminal Appeals Lawyer

A: Generally speaking the amount a lawyer charges for an appeal is commensurate with the lawyer’s experience and the complexity of the appeal. The Law Offices of Daniel DeMaria offers free consultations, flat fees, and flexible payment plans. Because every appeal is different both in terms of complexity as well as the length of trial or motion hearing (e.g. a one day bench trial versus a six-month jury trial) it is impossible to have a fixed price list. Nevertheless, during the free consultation we will provide you with the cost of moving forward. Daniel DeMaria has almost sixteen years of experience handling appeals and has handled criminal appeals in Massachusetts, New York, California, Texas, and Florida.

A: Generally speaking, the focus of an appeal is on legal errors and judges will generally defer to the facts found by the factfinder (i.e. the trial judge in a bench trial or the jury in a jury trial). The grounds which the Appeals Court in Boston most generally encounters usually include: a trial court’s failure to grant a motion for a directed verdict; the denial of a motion to suppress; and challenges to the admissibility/inadmissibility of evidence.

A: Appeals in Massachusetts (and throughout the state and country) can be very complex in terms of procedure and also in terms of substantive law. It is highly advisable to have a legal professional on your side who is well versed and proficient in local law and procedure and integrated in the local Boston legal community.

A: The Appeals Court in Boston has a considerable backlog of cases. Once a notice of appeal is filed, it can take months for the court reporter to prepare the transcript. Once the transcript is prepared the local court (for example the Boston Municipal Court, or a District Court) will send the record to the Appeals Court and the appellant will have forty days to file an opening brief. The prosecution has thirty days to respond, and then the appellant has fourteen days to reply. Extensions of time are common and can add months to a case. Once the case is briefed it often takes at least four months (often more) for the court to render a decision or to order oral argument. It is not uncommon for criminal appeals to take well over a year once the case has been entered in the Appeals Court. In some cases, it may be possible to expedite the case. The Law Offices of Daniel DeMaria does its utmost to request the minimal amount of extensions consistent with its belief that justice delayed is justice denied.

A: In cases where the trial court erred in failing to grant a motion for a directed verdict (due to insufficient evidence), the Appeals Court in Boston will vacate the case. In cases involving erroneous jury instructions or rulings on the admissibility of evidence, the Appeals Court will generally order a new trial.

A: Having an experienced lawyer deliver a compelling argument as to why you should win your appeal, and answering questions from the judges is a vital part of the appeal and can make the difference between winning and losing.

A: Under Massachusetts law a direct appeal to the Appeals Court in Boston is limited to issues which occurred on the record. This means that the appeals is limited to what took place at trial or during pre-trial hearings whether verbally spoken in court or by way of written submissions. In contrast to a direct appeal, a motion for a new trial (also known as a Rule 30(b) motion) allows a defendant to bring forth new evidence and matters outside the record. For example, a witness may have recanted their trial testimony or pre-trial statements, a new witness may have been located who can shed light on what transpired during the alleged crime, new DNA evidence may become available, or newly available scientific evidence may undermine the evidence relied upon at trial. It is usually also advisable to raise ineffective assistance of counsel claims by way of a motion for a new trial.

A: In Massachusetts the Appeals Court is an intermediate court of appeals. The Massachusetts Judicial Court which also sits in Boston is the state’s highest appellate court. Within twenty-one (21) days of receiving an unfavorable decision from the Appeals Court, a litigant may file a petition for further appellate review (“FAR”) to the Supreme Judicial Court. The Supreme Judicial Court hears those few cases which, in the Court’s opinion are “founded upon substantial reasons affecting the public interest or the interests of justice.”

A: If you have been incarcerated due to your conviction it may be possible to obtain bail pending appeal from either the judge who imposed sentence or from a single justice of the Appeals Court. The purpose of bail is to assure the defendant’s appearance in court, though issues of dangerousness or public safety may be considered in determining whether the defendant will appear in court as directed.