If a defendant is convicted after trial he has a right to appeal his conviction to a higher court. The higher court will review the transcripts of the trial to see whether any of the defendant’s constitutional rights were violated or whether the trial judge failed to follow the proper rules of evidence and procedure during the trial. To overturn a conviction an appellate court must find an error which could have made a material difference in the jury’s deliberations.
Appeals post conviction require an appellate attorney to review the transcripts of the trial searching for any violation of the defendants constitutional rights or any mistakes made by the trial judge in allowing or disallowing certain evidence to come in at trial. An appellate court does not look at the facts of the case and decide whether they believe that the defendant is guilty or innocent, they merely make sure that the trial was fair and free of error.
Post conviction appeals and motions for new trial can be based on the discovery of new evidence at trial, ineffective assistance of counsel, a violation of a constitutional right or mistake made in relation to the rules of evidence or procedure. If you have been convicted and wish to file an appeal in Boston or throughout Massachusetts call an experienced appellate attorney who is familiar with handling post conviction appeals and motions for new trial.
Boston criminal appeal attorney Frank Fernandez will be happy to speak with you in relation to post conviction appeals and motions for new trial. Contact us either online or by phone for free consultation.