Massachusetts Civil & Criminal Appeal Attorney
The law is divided into two main areas, civil and criminal. Civil laws regulate disputes between private parties. Criminal laws regulate crimes or wrongs committed against the government. An appeal is not a trial, is not like a trial, and no new evidence is allowed on appeal. An appeal is a proceeding to determine whether what occurred in the trial court was fair and whether the evidence was legally sufficient to justify the outcome.
Appellate law requires an extreme attention to detail, large blocks of time, and keen legal research, brief writing, and oral argument skills. Attorney Driscoll regularly practices in the Massachusetts Appeals Court and Supreme Judicial Court. He knows how to effectively communicate his client's case because he knows what appellate judges seek.
Massachusetts Criminal Appeals
The typical purpose of a criminal appeal is to ask for a new trial. Sometimes there is a basis to ask for dismissal of the indictment or complaint, but that is far less common.
The most common grounds for reversing a criminal conviction include: erroneous jury instruction, improper admission or exclusion of evidence, prosecutorial misconduct, and erroneous rulings on pretrial motions (e.g., motion to suppress)
Ineffective assistance of counsel is commonly raised. But rarely succeeds.
Appeals are very procedural and time sensitive. The merit of your appeal can depend on the issues selected, so hire an experienced appeals lawyer.
Massachusetts Civil Appeals
Attorney Driscoll handles a wide ranges of appellate cases including:
- Restraining Order and Family & Probate Court appeals
- Gun Law and Second Amendment appeals
- Personal Injury and Property Damage appeals
Contact (978-846-5184) Attorney Driscoll for an assessment of your case.
Appeals are very procedural and time sensitive, beginning with the filing of a notice of appeal. There are important deadlines to meet and strict procedures to follow.
An appeal offers a last chance to change the outcome before it becomes final. You may need to challenge a judgment, defend a judgment, or both (i.e., cross-appeal).
The key is identifying viable issues for appeal, a task requiring appellate experience. If the case is worth an appeal then it is worth experienced appellate counsel.