The Brief
What You Need to Know. No More, No Less.
What Is a Motion for New Trial in Massachusetts?
Even after conviction, you have options. This post explains what a motion for new trial is, the grounds for filing one, and how it can correct unfair verdicts.
A motion for new trial allows a defendant to reopen a criminal case after conviction when justice may not have been done. This motion is governed by Rule 30(b) of the Massachusetts Rules of Criminal Procedure and gives the trial court the power to correct serious mistakes that affected the outcome of the case.
Common reasons for filing a motion for new trial include newly discovered evidence, ineffective assistance of counsel, or constitutional violations. For example, if new witnesses come forward, or if evidence surfaces that the prosecution failed to disclose, you may be entitled to a new trial. Likewise, if your lawyer failed to investigate important evidence or made serious errors during trial, that can also be grounds for relief.
The motion must include an affidavit explaining the reasons for the request and any supporting documentation. In many cases, the judge will hold an evidentiary hearing to evaluate the claims. If the motion is allowed, the conviction is vacated and the case may be retried or dismissed, depending on the circumstances.
A motion for new trial is often filed after the direct appeal has been decided, especially when the issue involves facts outside the trial record. It is one of the most powerful tools for correcting wrongful convictions, but it requires careful preparation and strong supporting evidence.
If you believe something went wrong in your case that was never addressed, a motion for new trial may offer a path to justice. Speaking with an attorney who handles post-conviction work can help determine whether your situation qualifies.
How Does the Criminal Appeals Process Work in Massachusetts?
An appeal isn’t a new trial, it’s a review of what went wrong the first time. This post explains how appeals move through the Massachusetts court system and what issues can be raised.
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.
What Happens After a Criminal Conviction in Massachusetts?
Many people think a conviction is the end of the case but it’s often just the start of the next phase. Here’s what happens after sentencing, what rights you still have, and how to challenge the result.
A conviction in Massachusetts doesn’t necessarily mean your case is over. It simply moves into a different stage. After a guilty finding, the court imposes a sentence, which can include jail time, probation, fines, community service, or other conditions. What happens next depends on the charge, your criminal history, and whether you want to challenge the result.
Even after sentencing, you still have important rights. One of those is the right to appeal. An appeal is not a new trial, but a review of what happened in the lower court. You can argue that errors in the trial, the jury instructions, or the admission of evidence affected the outcome. If an appellate court agrees, it can reverse the conviction or send the case back for further proceedings. In some cases, you can also ask the court to postpone your sentence while the appeal is pending.
You may also be able to file a motion for a new trial. This is used when new evidence becomes available, or when you can show that your attorney’s performance fell below constitutional standards. For example, if your lawyer failed to call a key witness or didn’t file a motion that could have changed the result, you may have grounds to reopen the case. The same is true if you later discover evidence that the prosecution failed to disclose.
Other post-conviction options include motions to revise or revoke a sentence and record relief such as sealing or expungement. These remedies can lessen the impact of a conviction or even remove it from public view in certain cases. Although each process has strict requirements and deadlines, they provide meaningful opportunities for a second chance.
A conviction often feels final, but under Massachusetts law, it rarely is. Knowing what steps you can take after sentencing can make a real difference in the outcome of your case. Whether it’s an appeal, a motion for new trial, or a record-sealing petition, there are still paths forward for defendants who want to correct an injustice or move on with their lives.
When Is a Statement Considered a Confession Under Massachusetts Law?
In Massachusetts, not every admission counts as a confession. Learn when your words become legally admissible and how to suppress them.
Under Massachusetts law, a confession isn’t just something you say, it’s something the prosecution must prove was made voluntarily, knowingly, and intelligently.
A confession is generally defined as an admission to all or part of a crime. But the law treats statements differently depending on when, where, and how they’re made. If police question you in custody, they must give you Miranda warnings before any statement can be used against you.
But even if Miranda isn’t required, for example, during roadside stops or casual encounters, the statement still has to be voluntary under both the Fifth Amendment and Article 12 of the Massachusetts Declaration of Rights.
Massachusetts courts go further than the federal standard. Under Commonwealth v. DiGiambattista, if police don’t record your statement electronically, the judge must instruct the jury to view it with caution. And in many cases, subtle pressure, confusion, or mental health issues can make a statement involuntary, even without direct threats or violence.
I’ve successfully suppressed statements in cases where:
- Police used deceptive tactics
- Clients didn’t understand their rights
- Custody wasn’t clear, but the pressure was real
- Miranda was given too late or not at all
Not every statement counts as a confession. And even if it does, it may not be admissible. If the police claim you “admitted” something, I can review the recording, the transcript, and the circumstances and fight to keep it out of court.
Understanding the Crime of Intimidation of a Witness in Massachusetts
You don’t have to threaten someone to be charged with witness intimidation in Massachusetts. Learn what counts and how to fight the charge.
Witness intimidation is one of the most broadly applied felony charges in Massachusetts and it’s often misunderstood.
Under G.L. c. 268, § 13B, it’s a crime to attempt to influence, threaten, or mislead anyone involved in a criminal investigation or court proceeding. That includes witnesses, victims, jurors, and even police officers. And here’s the catch: you don’t need to make a threat or use force to be charged.
The law covers:
- Trying to convince someone not to testify
- Encouraging someone to lie to police
- Destroying or hiding evidence
- Harassing a witness, even passively
- Sending messages, directly or indirectly, that affect the case
It’s a felony, with a possible sentence of up to 10 years. In practice, it’s often added as a second charge in domestic cases, assault and battery cases, or group incidents, sometimes based on a single text or comment. I’ve seen clients charged for saying “Don’t say anything” or “You better not talk to the cops.”
But context matters. The statute requires specific intent to interfere with a proceeding. Juries and judges are often skeptical of overreach, especially when the alleged intimidation is vague or non-threatening.
If you're facing this charge, the stakes are high. I work to challenge both the evidence and the interpretation of intent. In many cases, we can show the statement was misunderstood or that it doesn’t meet the legal standard.