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Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 554
Experience:  Attorney at Law Offices of Khaled Issa
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A judge dismissed a family member's criminal case and

Customer Question

A judge dismissed a family member's criminal case for assault and battery. The DA says they are appealing on procedural grounds. The case was dismissed on 10/29. I think the prosecutor has only 60 days to file an appeal. I want to know if I am right on the 60 days.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 11 months ago.

Good evening:

My name is ***** ***** I would be happy to provide you general information on this legal topic.

Under Massachusetts Appellate Procedure Rule 4(b):

(b) Appeals in Criminal Cases. In a criminal case, unless otherwise provided by statute, the notice of appeal required by Rule 3 shall be filed with the clerk of the lower court within thirty days after entry of judgment or order appealed from; or entry of a notice of appeal by the Commonwealth; or the imposition of sentence. The running of the time for filing a notice of appeal shall be terminated as to the moving party by a motion for a new trial pursuant to Massachusetts Rules of Criminal Procedure 30 filed in the lower court within thirty days after the verdict or finding of guilt or within thirty days after imposition of sentence and the full time fixed by this rule shall commence to run and shall be computed from the date of entry of an order denying such motion.

I hope this has helped. Please let me know if you have any follow up questions. If not, please remember to click ACCEPT and leave positive feedback so I may receive credit for my assistance. Thank you!

Expert:  Legal-Kal replied 11 months ago.

Good morning:

Please remember to click ACCEPT if you have no further questions.

Expert:  Legal-Kal replied 11 months ago.

Please remember to click ACCEPT if I have sufficiently answered your questions as that is the ONLY way I can be compensated for helping you.

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