Appeals

When making a Criminal Appeal, you need an Experienced Criminal Defense Lawyer. Choose O'Brien Law Boston.

An appeal is a request to a higher court to review and reverse a decision made by a lower court. There is no introduction of new evidence. The lower court made a decision based on a question of fact; the higher court makes a decision based on a question of law.

In a broad sense, there are two types of appeals.  These are on the record and de novo.  In a de novo appeal, the new court will hear the case again without a reference to any prior rulings that have been made and no limits on the evidence that can be presented. On the other hand, in an on the record appeal, the decision that was previously made is challenged.  This is done by making one of the following arguments:
  • That the previous court misapplied the law
  • That, in the prior ruling, there was an incorrect factual finding.
  • The previous court acted in excess of the power of its jurisdiction
  • There was an abuse of discretionary power
  • There was a bias
  • Evidence was considered in the previous ruling that should not have been
  • Evidence that was not considered in the previous ruling should have been considered
An appeal has three potential types results.  These are affirmed, reversed and remanded. The reviewing court can apply any combination of these three rulings.  For example, a case can be affirmed, reversed and remanded at the same time. The three are defined as follows:
  • Affirmed: The new court agrees with the ruling of the previous court
  • Reversed: The new court does not agree with the ruling of the previous court, and overturns the prior decision
  • Remanded: The new court decides to send the case back to the previous court that made the original ruling
Some reviewing courts that have the option of discretionary review can give a fourth, but less common ruling.  They may send the case back without given any comments.  This is called review improvidently granted. It means that after the court reviewed the case, they have chosen not to make any comments.  In essence, it has the same effect as affirming the case but without giving it their court’s stamp of approval.

Speak with a Boston Criminal Lawyer 617-512-0939

To speak with a highly experienced Boston criminal appeals lawyer, contact us online or telephone Francis T. O’Brien, Jr. at O'Brien Law Boston twenty four hours, seven days a week, toll free at 617-512-0939. There is no fee charged to discuss your case, and all information furnished will be kept strictly confidential.

The Parker | Scheer LLP Criminal Practice Group is led by Boston Criminal Lawyer Francis T. O’Brien Jr. who defends criminal cases in Boston and throughout Massachusetts. Criminal Courts served include Cambridge District Court, Cambridge, MA – Boston Municipal Court, Boston, MA – Brockton District Court, Brockton, MA – Framingham District Court, Framingham, MA – Waltham District Court, Waltham, MA.

Contact Boston Criminal Lawyer Francis T. O’Brien Jr. of Parker | Scheer LLP today at 617-512-0939.