Boston Criminal Appeals Attorney
The Law Offices of Daniel DeMaria handles criminal appeals in all Massachusetts state and Federal courts. We have extensive experience representing clients in the Massachusetts Appeals Court as well as federal appellate courts throughout the United States.
We also have experience representing clients in the Massachusetts Supreme Judicial Court and the United States Supreme Court. If you have been convicted of a crime in Boston, Quincy, or anywhere else in the state, contact our Boston criminal appeals lawyer for a free consultation.
A criminal appeal is the process through which an appellate court reviews a lower court’s decision to determine whether the lower court made mistakes of law or fact which prejudiced the defendant in a criminal case.
When the fate of a multi-year criminal legal battle rests on the merits of a concisely written appellate brief and a single oral argument, tried and tested appellate law experience is essential. The Law Offices of Daniel DeMaria has a thriving criminal appeals practice in federal and state courts which builds on our core strengths– extensive courtroom experience, in-depth legal analysis, a reputation for creativity and scholarship, and exceptional research and writing skills.
Daniel DeMaria, Esq. regularly represents those who have lost at the trial level (whether in Boston, Quincy, Dedham, Worcester, Framingham, Leominster, Springfield, Haverhill or elsewhere in the state). Some of the common types of criminal appeals or motions for a new trial which we are available to handle include:
- The denial of bail
- A trial court’s failure to grant a motion for a directed verdict
- A trial court’s failure to grant a Batson challenge
- A trial court’s failure to suppress evidence which was obtained in violation of a defendant’s constitutional rights
- A trial court’s improper admission of prosecution evidence at trial
- A trial court’s improper exclusion of defense evidence at trial
- A trial court’s failure to properly charge/instruct the jury on the law
- The admissibility of co-conspirator statements
- The admissibility of a confession
- Violations of constitutional rights
- Speedy trial violations
- Discovery violations
- The admissibility of wiretaps
- Evidence of gang affiliation
- Hearsay
- Eyewitness identification
- Ineffective assistance of counsel
- Insanity/incompetency determinations
- Issues relating to jurisdiction
- Prosecutorial misconduct
- Sentencing
The Law Offices of Daniel DeMaria helps those in Boston and throughout Massachusetts who have been wrongly convicted of a crime, or who have otherwise been deprived of their right to a fair trial.
When you want to appeal a criminal conviction in Boston, you need a skilled attorney. Daniel DeMaria, Esq. has years of experience and a reputation for excellent and thorough representation. We are committed to pursuing justice for each and every client.
We take a personalized approach to every case and have a deep understanding of Massachusetts statutes and federal laws.
The Defense You Need
The Justice You Deserve
FAQs
A: A defendant in a criminal case has thirty (30) days to file a notice of appeal. The Appeals Court in Boston can extend the deadline by up to one year for good case.
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.
We Are Ready to Fight for Your Future. Contact Daniel DeMaria, Esq. Today
When a loss in the courtroom leaves you with more questions than answers, and a conviction on your record, you need an experienced criminal appeals lawyer. Perhaps the judge (in a bench trial) or the jury reached an unjustified and erroneous verdict, and the evidence was simply insufficient to convict you.
Alternatively, your conviction may have been the result of inadmissible evidence being introduced against you or because the jury was not instructed correctly by the trial judge. In any event, if you were convicted of a crime you should contact the Law Offices of Daniel DeMaria without delay to maximize your chances of prevailing on appeal.
