How Does the Criminal Appeals Process Work in Massachusetts?

The criminal appeals process in Massachusetts allows defendants to challenge legal errors that may have occurred during trial or sentencing. An appeal is not a new trial. It is a review of what happened in the lower court to determine whether the law was applied correctly and fairly.

The process begins when you file a notice of appeal within thirty days of the judgment or sentence. After that, the trial transcripts and other parts of the record are prepared and sent to the Appeals Court. Once the record is complete, both sides file written briefs explaining their arguments. The defendant’s brief points out the specific errors that may have affected the verdict, and the prosecutor’s brief argues why the conviction should stand.

In some cases, the Appeals Court will schedule oral argument. This gives each side a chance to discuss the case before a panel of judges and answer questions about their legal positions. The judges then issue a written decision that either upholds the conviction, reverses it, or sends the case back for additional proceedings in the trial court.

If you lose in the Appeals Court, you can file an Application for Further Appellate Review asking the Supreme Judicial Court to take your case. The SJC selects only a small number of cases each year, focusing on those that raise new or important legal questions. Even if review is denied, the appellate process ensures that serious errors are corrected and that defendants receive a fair trial under the law.

Appeals are time-sensitive and highly technical, but they play a critical role in protecting constitutional rights. If you believe your case was decided unfairly, an experienced appellate attorney can review the record and help determine whether there are strong issues for appeal.