Appeals/Post Conviction

There is no greater injustice than an innocent person wrongfully convicted of a crime they did not commit.  And just as bad is a person who was forced to take a guilty plea in a case when they should not have.  Tragically there are way to many cases like these in our criminal courts.

If you have been wrongfully convicted, or forced to take a plea that you should not have then there are still ways to correct the injustice. Most commonly is a direct appeal to the Appeals Court or the Supreme Judicial Court.  Scully & Lagos are experienced, Appellate lawyers who can review your case, identify what went wrong and then, as they say, “Take it Up!” Common grounds for challenging cases on appeal include:

  • Insufficient evidence to support a conviction
  • Evidence that should have been suppressed was admitted to trial
  • Proprietorial misconduct before or during the trial
  • Erroneous jury instructions provided by the trial judge
  • Ineffective assistance of trial counsel for the defendant

Another method of challenging a wrongful conviction or an involuntary plea bargain is to file a Motion for a New Trial in the trial court.  A Motion for New Trial can be based on any grounds set forth above, as well as others.  Motions for New Trial are governed by Massachusetts Criminal Procedure Rule 30 which provides:    

The trial judge upon motion in writing may grant a new trial at any time if it appears the justice may not have been done.  Upon motion the trial judge shall    make such findings of fact as are necessary to resolve the defendants allegations of error of law.

Rule 30 provides an obvious flexible standard by which a trial judge can reconsider any unjust conviction.  Scully & Lagos will thoroughly review your case to identify any and all weaknesses, advise you on which route is best to take, a Direct Appeal or a Rule 30 Motion, and represent you zealously to overturn your case.

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