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Massachusetts

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions for a finding of not guilty, to vacate the judgment, to withdraw the plea, or for a new trial based on new evidence or legal errors in the proceedings. In certain situations, the prosecution may agree with the motion for a new trial.
  • Victims can receive information about post-trial motions from the District Attorney’s Office where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The District Attorney’s Office represents the state on direct appeal. To receive appeal updates, victims can contact the District Attorney’s Office where the case was prosecuted.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The District Attorney’s Office represents the State in state post-conviction proceedings. To receive post-conviction notification, victims can contact the District Attorney’s Office where the case was prosecuted.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Massachusetts law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Massachusetts Attorney General represents the State in federal habeas corpus proceedings. To receive federal habeas corpus updates, victims can complete a registration form and contact the District Attorney’s Office where the case was prosecuted.

Early Release Programs

These programs include parole, medical parole, and earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Massachusetts, including parole, medical parole, and earning “credits” that reduce the length of their sentences for good behavior or completion of rehabilitative, educational, or other programs.
  • For updates on early-release programs, victims can complete a registration form. Victims can contact a Victim Service Coordinator from the Department of Criminal Justice Information Services by calling 508-650-4543 for assistance and information. Victims can also register for notification through VINE.

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under Massachusetts law. The Parole Board assists the governor in this process. In Massachusetts, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • Victims receive notification of clemency from the Massachusetts Parole Board by completing a registration form.

Victims Rights
Post-Conviction

In Massachusetts, victims have the right to:
  • Be present at all court proceedings, including oral arguments and post-conviction hearings
  • Notification if an incarcerated person is transferred, temporarily released, or permanently released from custody, escapes, or dies*
  • Notification of parole and clemency hearings*
  • Be heard in parole and clemency proceedings
  • Notification of the results of parole hearings and clemency proceedings
  • Prompt resolution of the case
  • Request restitution and apply for victim’s compensation
  • Prompt return of property that is no longer needed by law enforcement

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Crime Victim Compensation Fund reimburses victims for expenses related to the crime, such as lost wages and funeral costs.
  • Victims who are owed restitution may contact the District Attorney where the crime was prosecuted. Victims may also apply for up to $25,000 in Crime Victim Compensation through the Massachusetts Office of the Attorney General. Victims can contact the Victim Compensation staff at 617-727-2200 ext. 2160. Applications must be filed within 3 years of the crime.
Click here to learn more about the post-conviction process and victims’ rights in Massachusetts

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