Criminal Appeals
Appeals
In some legal cases, one party may feel that the court made a wrong decision. People place a great deal of trust and faith into the judiciary system, but sometimes mistakes are made. Thankfully, when a party feels that a wrong decision has been made by the court after a trial, he/she can file an appeal. An appeal is a request to a higher judicial authority (court) to review the decision or sentence of a lower judicial authority (court).
The appeal process begins when the appellant (person filing) petitions to have his/her case reviewed by the higher court. The higher court then has the ability to affirm or reverse the decision made by the lower court.
Before the higher court can make a decision, the court will review the trial transcript and the arguments presented by the involved parties. The higher court does not listen to live testimony, its’ primary focus is reviewing the legal issues at hand. While reviewing the trial transcript, the higher court will look for legal errors, mistakes, or oversights.
If the higher court judge finds that an error was made, he/she may reverse the lower court’s decision. When a criminal appeal is filed, the higher court has the power to reverse the conviction, reduce a sentence, or order a new trial.
Appeals Post Conviction
After a person is convicted of a crime, he/she may feel like his/her whole world has been turned upside down. Strict laws demand strict legal punishments for criminal offenders. However, if the convicted person feels that the court made a wrong decision, he/she is entitled to an appeal. This is legally referred to as an appeal post conviction.
An appeal post conviction is especially helpful in cases where there is newly discovered evidence, ineffective legal representation, or a violation of constitutional rights. By filing an appeal to a higher court, a convicted person can have his/her trial reviewed for possible legal errors. If the higher court finds that legal errors are present, the court may reverse the conviction, reduce the sentence, or order a new trial.
Boston Appeals Post Conviction Attorney
If you are considering an appeal in Boston, you should seek the counsel of an experienced appeals post convictions attorney. By obtaining the counsel of a Boston attorney, you can ensure the protection of your rights and the timely progression of your appeal.
ATTORNEY NEYMAN HAS REVERSED TWO MURDER CONVICTIONS AND SECURED NEW TRIALS FOR HIS CLIENTS ON BOTH
Bristol Superior Court Docket Number 19904
In July of 1988 a jury convicted the defendant of murder. In 1989 a motion for a new trial was filed and denied. The next year the Appeals Court affirmed the conviction and denial of the new trial motion. In December of 1990 another motion for a new trial was filed. This too was denied and in 1993 the appeal failed. In 1997 yet another new trial motion was filed and denied. Once again the Appeals Court affirmed the lower court's decision. In 2001 Attorney Neyman was engaged to represent the defendant. He filed a new trial motion challenging the jury instructions frmo the 1988 trial. The Court allowed the new trial motion. Subsequently Attorney Neyman succeeded in getting the defendant released from custody and having the murder case dismissed.
Suffolk Superior Court 9610985
In June of 1996 the defendant was indicted by a Suffolk County Grand Jury for murder. On June 9, 1997 trial commenced. On June 23, 1997 the defendant was convicted of murder. In September of 1997, after the defendant received a life sentence, Attorney Neyman was engaged to represent the defendant. Three and one half years later, through a motion for a new trial alleging ineffective assistance of trial counsel and police misconduct, Attorney Neyman persuaded the trial judge to vacate the conviction and order a new trial.
Stephen Neyman, P.C. has successfully helped clients throughout Massachusetts with their appeals post conviction. As a skilled attorney, Mr. Neyman can help you prepare your appeal, inform you of designated timelines, and provide you with aggressive legal representation in court. If you are about to go through the appeals post conviction process in Boston, trust the skill and the legal expertise of Attorney Stephen Neyman.
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