If you were found guilty in criminal case, you may be able to appeal the decision if you have grounds to do so. Typically, this means you must have a reason that the original trial’s verdict may not be sound. Not all criminal cases can be appealed, and an appeal isn’t a retrial of the original case.
A Massachusetts appeals court can make decisions on:
Whether or Not Your Trial Was Unfair
Every American is guaranteed a fair trial when accused of a crime under the United States Constitution. If you were denied any of the below elements, you may have the right to file an appeal of the verdict in your case:
- Due process
- Legal counsel
- Freedom to avoid self-incrimination
- Reasonable bail
- Trial by jury
An experienced appeals attorney can review your case to help you determine whether or not you may qualify for the appeals process.
If the Verdict Issued Doesn’t Align With the Evidence
A judge must issue a verdict that is appropriate to the evidence in your case. If your punishment was much harsher than what is traditionally called for in such scenarios, it may be possible to appeal the decision.
The appellate court will review the available evidence and the lower court’s records to determine if the verdict is in alignment. If not, a new verdict may be issued or your case may be dismissed entirely.
Factual or Legal Errors Were Made
You may be eligible for an appeal of your criminal case if the judge, your defense lawyer, or the prosecution made legal or factual mistakes that impacted the final verdict.
For example, the jury may have been incorrectly instructed, which led to a guilty verdict that the jury might not have issued if they had been properly directed on how to hear and deliberate the evidence at hand. Or, your attorney or the judge presiding over your case may have acted in bad faith.
Contact an Experienced Cape Cod Criminal Defense Lawyer Today
If you were convicted of a crime, don’t hesitate to consult with an experienced appellate attorney to learn what your legal options are and if there are any next steps you can take in your case. Your future, rights, and reputation are on the line. Call Cape Cod Criminal Defense Charges Attorney Thomas Kokonowski today to book your initial appointment at 774-561-2689. Tom is available 24/7 and looks forward to speaking with you.
