Curhan Law Office

Taking clients to the next level

Criminal Post-Conviction Motions and Petitions

Clients often come to be after an unsuccessful appeal. The fact that an appeal has been lost does not mean that nothing further can be done. If a case has been lost in the Massachusetts Appeals Court, an application for further appellate review can be filed in the Supreme Judicial Court. Following a decision from an appellate court, there may also be remedies available in the federal courts, such as a habeas petition or a petition for a writ of certiorari in the United States Supreme Court.

There are also circumstances where the appeal was not done properly, and a critical issue may have been missed. Sometimes, the law changes following a decision on appeal. Other times, new and important evidence is uncovered that was not known and could not have been discovered at trial. In such circumstances, there may be grounds for filing a motion for a new trial in the trial court. Before filing such a motion, clients will typically hire me to review the record and do any necessary research prior to proceeding. If there are grounds, I can then prepare the motion in the trial court. Even if the conviction resulted from a plea, in certain circumstances, courts will consider a motion to withdraw the guilty plea.

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