Legal Question in Criminal Law in Massachusetts
Court Appeal
my father will be going to trial on April 23 and his lawyer has barely glanced at the case. I am worried he will lose his trial due to improper representation. if this occurs, how do i go about getting an appeal for him? would i have to find a new lawyer or do i keep the old one, and other such things.
2 Answers from Attorneys
Re: Court Appeal
First of all it is your father's decision. Then the type of case is also important. The basic tenet of litigation is: preparation, preparation and more preparation. If your father believes that he and his lawyer are unprepared for trial, the first step is to speak to the lawyer, and if there is no meeting of the minds, it is a far better thing to do: get a new one who hs the experience, and the ability to do what is necessary: advance your father's interests, and protect him.
Re: Court Appeal
Every criminal defense lawyer has an obligation
to zelously defend his client. This means to give the best possible defense.
If your father's attorney has barely looked at the file and a trial is quickly approaching, your
father probably needs to look for a new attorney right away. Criminal charges often carry long prison sentences. Winning an appeal after losing
at trial is often difficult. In many criminal cases, the defendant must appeal while he or she
is serving a sentence. Appeals often take more than two years to work their way through the system. Many criminal defendants complete their sentences even before an appeal is considered. That is why it is so important to get the best possible defense at trial.
If you would like a copy of my newsletter, Criminal Defense Law Report or would like
to speak with me about this at greater length, please contact me.
617-566-3670
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