Criminal Appeals

In any case after a verdict after trial, a defendant has the right to appeal the decision of the trial judge. The notice of appeal must be filed with 30 days of the judgment to preserve the right of appeal, through there is a process to allow for a late notice of appeal.

An appeal is a chance to undo errors that may occur at trial. A trial judge may incorrectly deny a motion to suppress, improperly admit evidence at trial or allow a case to proceed to the jury where there is insufficient evidence to support the conviction. All of these issues can be possible issues to raise on appeal.

An appeal is a process that requires a recreation of the record at trial, ordering the tapes of the trial to create a written record of everything said at the trial. Once this is obtained, a criminal defense attorney can begin to look at the transcript to find errors of law made by the judges during the trial that may impact the results.

In some cases, an issue of appeal may be the effectiveness of the trial counsel. If trial counsel is found ineffective at trial, a defendant may receive a new trial.

Other issues that could arise after a conviction or post conviction is newly discovered evidence. If evidence is discovered after the trial that was unknown and could not have been known, a defendant may be able to file a motion for new trial based on this newly discovered evidence.

Attorney DelSignore frequently represents individuals throughout Massachusetts on criminal appeals and has appeared numerous times before the Massachusetts Appeals Court, arguing criminal appeals. Attorney DelSignore will gladly explain the appellate process and answer your questions regarding your right to appeal your criminal conviction.