What is an appeal in criminal defense law?

An appeal in criminal defense law is a type of legal action that allows a person convicted of a crime to challenge their conviction in a higher court. The purpose of an appeal is to determine if the original court made a mistake or if there is new evidence that would change the outcome of the case. In Massachusetts, the appeals process begins with the filing of a Notice of Appeal with the Clerk of the Trial Court. The appeal is then sent to the Massachusetts Appeals Court. The Appeals Court reviews the facts and evidence, and makes a decision based on the law. The Appeals Court can affirm the conviction, or reverse the conviction and order a new trial, or order a judgment of acquittal. The defendant may then have the option to appeal the decision to the Massachusetts Supreme Judicial Court, which is the highest court in the state. It is important to note that the burden of proof is on the defendant to prove that their conviction was wrong or that new evidence or facts would have changed the outcome of the case.

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