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.


Asked on 4/03/03, 8:09 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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.

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Answered on 4/03/03, 10:34 pm
J. Whitfield Larrabee J. Whitfield Larrabee

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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Answered on 4/04/03, 3:40 pm


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