Boston, MA asked in Appeals / Appellate Law and Criminal Law for Massachusetts

Q: If you please guilty to a felony crime in the state of Massachusetts can you appeal your guilty plea

2 Lawyer Answers
Vikas Dhar
PREMIUM
Vikas Dhar
Answered
  • Criminal Law Lawyer
  • Charleston, MA
  • Licensed in Massachusetts

A: Instead of “appeal”, I think you should reflect on the more general term of “seeking post conviction relief.”

Yes, after entering a guilty plea in Massachusetts, if you have sufficient grounds, you can attempt to go back and undo the guilty plea, which is often times done based on Rule 30 of the Massachusetts Rules of Criminal Procedure, which states that if your plea was not completed in the interests of justice, there may be a way for you to walk it back. Other avenues of relief could be ineffective assistance of counsel, constitutional grounds or procedural error. As always, you should consult an experienced Massachusetts criminal defense attorney. Good luck!

Joseph B. Simons
Joseph B. Simons
Answered
  • Criminal Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: You can’t do an appeal, but you may have grounds to file a motion to withdraw your plea if you have sufficient grounds (aka “motion for new trial”). A criminal defense attorney can evaluate the case and discuss your options.

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