How are appeals handled in criminal defense law?

In Massachusetts, appeals in criminal defense law are handled through the court system. When a defendant is convicted and sentenced in a criminal court, they may challenge their conviction by filing an appeal with a higher court. The Court of Appeals is the highest court in Massachusetts and handles all criminal and civil appeals. The appeals process begins with a defendant’s request for appeal. The trial court judge will then file a motion of appeal, which outlines a defendant’s argument or rationale for why their conviction should be overturned. The defendant’s attorney and the prosecution will then file legal briefs that argue their respective cases. Once all the legal briefs have been filed, the appeals court will hold a hearing at which the defendant and the prosecutor will present their arguments in court. The appeals court will then make a ruling on the appeal. If the defendant’s conviction is overturned, the case will be remanded back to the trial court for retrial; if the conviction is upheld, the defendant will still have the possibility of appealing to a higher court. Regardless of the outcome of the appeal, defendants in Massachusetts have the right to appeal their conviction to a higher court if they believe they have grounds for an appeal. Appeals in criminal defense law are complex matters and consulting a skilled attorney is important to ensure your rights are protected.

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