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Criminal Appeal Process in Virginia, Maryland & Massachusetts

Even experienced Judges can make mistakes with their rulings.
As a result of these mistakes, a criminal defendant may receive an unfair sentence.

Criminal appeals

Criminal appeals

The legal system in Virginia, Maryland & Massachusetts can be very intimidating. Many defendants accept their sentences without question and endure a lifetime of injustice. Frequently, when a criminal case is examined by a skilled Virginia, Maryland or Massachusetts appellate lawyer, potential causes for your inappropriate sentence are uncovered.

The criminal appeal process in Virginia, Maryland & Massachusetts is designed to give defendants another chance to present their case in front of a higher court

Some of the most common mistakes that result in a criminal appeal are:

  • The trial court may have excluded defense evidence that should have been heard by the jury
  • The court may have permitted the jury to hear prosecution evidence that should have been excluded
  • Prosecutors can make unintentional errors or engage in intentional misconduct
  • Defense attorneys can make mistakes which deprive the defendant of the effective assistance of counsel.

Such actions provide sufficient reason for a higher Virginia, Maryland or Massachusetts state or federal court to overturn your conviction by way of the criminal appeal process.

If you think that your loved one or you were unjustly convicted of a crime in Virginia, Maryland or Massachusetts, please call us immediately for help.

Our criminal appeals lawyers in Virginia, Maryland & Massachusetts have the expertise necessary to assist you with your criminal appeal.

The SRIS Law Group criminal appeals attorneys understand the stress that results from being convicted of a crime unjustly.

Since criminal appeals are time sensitive, act quickly.  Time is of the essence.

The following are some of the laws in VA, MD & MA:

 

 

 

 

 

 

 

 

A. In a felony case a pretrial appeal from a circuit court may be taken by the Commonwealth from:

1. An order of a circuit court dismissing a warrant, information or indictment, or any count or charge thereof on the ground that (i) the defendant was deprived of a speedy trial in violation of the provisions of the Sixth Amendment to the Constitution of the United States, Article I, Section 8 of the Constitution of Virginia, or § 19.2-243; or (ii) the defendant would be twice placed in jeopardy in violation of the provisions of the Fifth Amendment to the Constitution of the United States or Article I, Section 8 of the Constitution of Virginia; or

Click on above link to read more.

 

 

 

 

 

  • Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 12-304 Appeals in contempt cases

 

 

 

 

(a) Scope of review. — Any person may appeal from any order or judgment passed to preserve the power or vindicate the dignity of the court and adjudging him in contempt of court, including an interlocutory order, remedial in nature, adjudging any person in contempt, whether or not a party to the action.

(b) Exception. — This section does not apply to an adjudication of contempt for violation of an interlocutory order for the payment of alimony.

 

 

 

 

  • Massachusetts Appellate Procedure Rule 11.1: Transfer from Supreme Judicial Court

 

 

 

In the case of a direct appeal to the Supreme Judicial Court, within fourteen days after the appeal has been docketed, or such further time as a single justice upon motion for cause shown may allow, any party may serve and file a motion, on notice, to transfer the appeal to the Appeals Court. The motion: (a) shall not exceed five typewritten pages; (b) shall succinctly specify the grounds for transfer; and (c) shall conform to Rules 13, 14, 15, and 20(b). Within seven days after filing of the motion, any other party may serve and file an opposition to the transfer. The opposition: (a) shall not exceed five typewritten pages; (b) shall succinctly specify the reasons for opposing the transfer; and (c) shall conform to Rules 13, 14, 15, and 20(b).

No oral argument will be permitted.

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