Post Conviction Relief Help – How to Vacate

Being convicted of a criminal offense does not necessarily need to be the end of your story, as many clients who work with Attorney Geoffrey G. Nathan have discovered. Attorney Nathan is very skilled in helping clients use various options available in the state of Massachusetts for obtaining post conviction relief. This Boston criminal defense attorney has over 25 years experience handling felony, federal and white collar crimes. Many convictions have been positively changed under his direction with resulting grants of post conviction relief.

Attorney Geoffrey G. Nathan

After he earned his law degree at Boston College Law School, in 1984, Geoffrey Nathan worked as a bar advocate in Norfolk and Bristol Counties for over a decade. He mentored in federal criminal practice and tried cases to verdict in the United States District Court. He also was one of the first civilian attorneys who provided criminal defense legal services in Baghdad.

Attorney Nathan has received broad media coverage for his handling of many other notable military and sensational civilian cases. Famous cases he was involved with have received national coverage by media outlets including The New York Times, Boston Herald, Wall Street Journal, and Fox News.

Massachusetts Post Conviction Relief

In the Commonwealth of Massachusetts, a conviction may be appealed for a variety of reasons. Common appeals requests include release, a new trial, sentencing modifications, and other types of relief that are deemed to be proper and just. This basically is a challenge to a judgment of conviction, an important right extended to many persons who believe their conviction was flawed.

Seeking post conviction relief is an important aspect of the legal system. It allows a person convicted of a criminal offense to seek relief from incarceration or a judgment resulting in a long sentence. They may get their case retried again, or otherwise utilize their rights to obtain justice when the conviction is questionable or their rights were violated.

Many issues are related to each type of appeal, which is why it is important to have representation from an experienced, successful attorney who understands all the details of this aspect of state and federal law. Under Massachusetts Criminal Procedure Rule 30, Postconviction Relief, a person who has been convicted and imprisoned or who has had their liberty restrained due to a criminal conviction is allowed to file a written motion for relief. This regulated process includes the following elements:

  • Unlawful Restraint - The claim would be to get a release from the trial judge or to have any sentence being served corrected to reflect that such confinement or restraint violated the Constitution or United States/Massachusetts laws.
  • New Trial – If it seems as though justice was not properly done, the trial judge may act upon the written motion to grant a new trial. Any fact findings related to the motion also must be done by the trial judge to resolve any allegations that there was an error in applying the law to the defendant.
  • Post Conviction Relief Procedure – This is where Attorney Geoffrey G. Nathan excels in providing legal counsel to persons he represents on appeals for criminal convictions. This is a detailed process that requires diligent attention to reach the best possible results for a client.

In brief, the following items must be done properly at each step of this process:

  • Service and Notice to the appropriate prosecutor’s office of the motion filed.
  • Waiver of any grounds that were not raised in the motion or amended motion. The judge does have discretion to allow admission of certain grounds in subsequent motion or in cases where the grounds could not have been reasonably raised in the motions.
  • Affidavits filed when appropriate to support claims. Judge may rule on facts contained in affidavits if no other substantial issues are raised.
  • Discovery may be allowed, depending on case facts, if appropriate.
  • Counsel may be appointed and costs allowed, subject to judicial discretion.
  • Presence of Moving Party – not required.
  • Place and Time of Hearing will allow parties at least 30 days, unless good cause to order a hearing sooner exists.
  • Appeal of final order may be taken by either party. Defendant will remain in custody until final decision, unless the judge allows bail until that time. If taken by the Commonwealth, approval and payment of costs and attorney’s fees may be allowed.

Criminal Defense Attorney

Any time you or a loved one is accused of, or convicted of a criminal offense, it is essential to get strong legal representation from an experienced Criminal Defense Attorney. This legal professional is best suited to providing you with accurate advice, counsel and the representation you need to fight for your rights within the legal system. Criminal Law is designed to punish someone who does wrong, but many people often are wrongly accused or convicted, or their rights are not respected. Without help from an experienced Criminal Defense Attorney, you are apt to face restriction of your rights, incarceration and the burden of having a criminal record for the rest of your life.

In Massachusetts, people who have been convicted of a criminal offense turn to Attorney Geoffrey G. Nathan to get the right type of strong legal representation they need for post conviction relief. Attorney Nathan has a superb reputation for his legal skills and successful defense of people in Massachusetts and nationwide. He has won many notable appeals cases that drastically reduced or eliminated incarceration time for those clients.

Under Massachusetts and Federal laws, an accused person has inalienable rights, including protection against wrongful incarceration or restrictions of freedom. If you or a loved one has any questions or concerns about a criminal conviction, take immediate steps to consult with this highly esteemed and nationally recognized attorney. Contact the law office of Attorney Geoffrey G. Nathan today. Call now, at 877-471-5775.

Need Criminal Defense Help?

For a Free Federal or Criminal Consultation, call me today at 617-472-5775 or use the form below for your free consultation. I will offer you expert help and answer any specific questions you have about your case. Protect your rights and call me about our Criminal Defense attorney needs in all areas of Massachusetts including Boston, Springfield, Cambridge, Quincy, Lowell and national for Federal matters.

Contact Information

Geoffrey G. Nathan Law Office
132 Boylston Street
Boston, MA 02116

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