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Motions to Revise and Revoke

A good criminal defense attorney will exhaust all possible post-conviction options. This includes appeals, motions for a new trial or motions to revise or revoke. Again, the case is not over until it’s over. And even then, maybe there is something a skilled attorney can do for you.

Contact Massachusetts appeals attorney David R. Yannetti and his associates. With many years of criminal defense law experience, we can evaluate your case and determine what post-conviction methods may be used to help appeal your case. This may be a motion for a new trial or a motion to revise or revoke a judge’s sentencing. Talk to one of our experienced Boston appeals lawyers today.

Attacking Overly Harsh Sentencing: Motions to Revise or Revoke

A motion to revise or revoke does not apply to the conviction itself. It applies only to the “sentence’ the judge has handed down. Under the Massachusetts Rules of Criminal Procedure, Rule 29 allows a judge to revise or revoke a sentence if “justice may not have been done.” Again, this is not a motion for a new trial. Unlike a motion for a new trial which appeals the conviction itself, this is instead requesting a different, less severe sentence. In some situations, sentencing by a judge may appear on its face to be unnecessarily harsh or unjust.

The legal standard for a motion to revoke or revise is that information existed at the time of the sentencing that was not brought to the judge’s attention. In addition, it is the defendant’s burden to prove that if this information had been known, the judge likely would have imposed a different and less severe sentence.

Must Be Filed Within 60 Days

You must file a motion to revise or motion to revoke within 60 days after sentencing is handed down. Otherwise, it may be forever waived. The reasoning behind this requirement is that if too much time has passed since a sentencing, a judge’s recollection may not be as fresh regarding the issues — and he may rely on improper considerations, such as sympathy or post-conviction events. Before assuming that you are precluded from this option, however, contact one of our attorneys today.

Call for A Free Consultation with A Massachusetts Motions To Revise Attorney

A criminal conviction is not necessarily the final word. Contact a lawyer online or call 617-297-9213 for a free phone consultation.


Client Testimonials

5 Star

In the most painful times in our lives–David, Greg and Lisa showed us their professional best–dignified, warm, gracious. David and his team will not let you down, you will be taken well care of and most importantly superbly and justly represented…
Barbara Lynch

Oh my goodness David is a miracle worker! Unbelievable results! David is so highly respected by attorneys and judges and prosecutors that he really makes an impact in court and presented our friend in the best possible light…

Jude Dasilva

Greg Johnson and David Yannetti are simply the best. After having two other attorneys on a case, I hired them and got results where others failed. They work hard for you and I highly recommend them!…

Vivian Trinh

If it was not for Mr. Yannetti I could have lost my career and opportunity to come back to USA again given that I am not a US citizen. Thank you Mr. Yannetti for all you did for me and my family. You and your office were truly there for me in my darkest hour…

Ajit Gupta

Greg Johnson is a charming attorney and seems to truly care about his client’s and the outcome of their case. If you ever need an experienced criminal defense Lawyer, Yannetti Criminal Defense Law Firm is the one to call!…


“I’ve got your back,” he told me early on. David did not disappoint. By showing up with David in the courtroom, I felt I’d made a clear statement of intent. The case was duly dropped…

James Brooks

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