Criminal defense · Appeals
A conviction is not necessarily the end. If your case was handled in a way that was legally, procedurally, or constitutionally wrong, there may be paths forward. Appeal deadlines are short, so act quickly.
For a focused records checklist, read Rhode Island Criminal Appeal or Post-Conviction Review: Records and Timing and identify any upcoming hearing, order or licensing notice during your consultation.
If you landed on this page, chances are you’re looking for a way out of a conviction, a sentence, or a plea deal that felt like the only option at the time. Appeals and post-conviction work exist because the Constitution provides remedies when the legal system makes mistakes. Finding those remedies requires reading the trial record closely, understanding what should have happened and what didn’t, and making an argument that a higher court will take seriously.
We handle direct appeals in Rhode Island, Massachusetts and Connecticut state courts and in the U.S. Courts of Appeals for the First, Second, and Third Circuits. We pursue post-conviction relief, motions for a new trial, ineffective-assistance claims, and habeas corpus petitions when the record supports it, including Rhode Island post-conviction relief under R.I. Gen. Laws § 10-9.1-1 and Massachusetts motions under Mass. R. Crim. P. 30. Not every conviction has a viable appellate issue, and we say so plainly. When one exists, we work to find it and present it well.
Appeals from Rhode Island District Court convictions to the Superior Court for a new jury trial, and from Superior Court convictions to the Rhode Island Supreme Court. In Massachusetts, appeals from District Court and Superior Court convictions to the Appeals Court, with further review in the Supreme Judicial Court, which hears first-degree murder appeals directly.
Appeals from convictions in the U.S. District Courts for Rhode Island and Massachusetts to the U.S. Court of Appeals for the First Circuit. Federal appellate practice requires familiarity with each circuit’s standards and a brief that addresses them directly.
When newly discovered evidence comes to light after a conviction, or when trial counsel’s errors rise to the level of ineffective assistance, a motion for a new trial may be available. Deadlines vary. In federal court, a motion based on new evidence is due within 3 years of the verdict and most other grounds within 14 days (Fed. R. Crim. P. 33). Rhode Island allows 3 years from judgment for new evidence, and Massachusetts Rule 30(b) permits a motion at any time. We evaluate whether the facts support the motion before filing.
Under Strickland v. Washington, a conviction can be challenged when counsel’s performance fell below an objective standard of reasonableness and there is a reasonable probability the outcome would have been different without the errors. Common examples include failing to investigate, to move to suppress evidence, or to call a key witness. We review the trial record for IAC issues as part of every post-conviction evaluation.
Federal Rule of Criminal Procedure 35 allows sentence changes in narrow situations: correcting arithmetical, technical, or other clear error within 14 days of sentencing, or a reduction for substantial assistance, which only the government can request. In Rhode Island Superior Court, a motion to reduce sentence is generally due within 120 days of sentencing. We identify which rule applies and act before the deadline.
A § 2254 petition challenges a state conviction on federal grounds after state remedies are exhausted. A § 2255 motion is a collateral challenge to a federal conviction or sentence, filed in the court that imposed it. Both are procedurally strict and generally must be filed within one year, so we assess viability before any filing.
Time limits depend on the court, order, and procedure. Contact counsel promptly with the dates; do not wait for every document before making the initial call.
Make a list of the judgment or order you want reviewed, its date, the court and case number, and any notice or motion already filed. For each transcript, exhibit, written ruling or other record, identify what you have, where it came from and what remains missing. Keep related proceedings separate and identify prior counsel for each.
Write down the specific ruling, event or concern you want counsel to examine and point to the record you already have. A short index helps the first conversation; it does not replace an attorney’s review of the record. For a federal case, keep the district court papers and notices together. Contact our office with the dates shown rather than waiting for every transcript or exhibit.
We start with the trial transcript, the exhibits, and the motion practice to look for legal errors, constitutional violations, and issues that meet the standard for plain error review.
An issue preserved at trial gets a more favorable standard of review than one raised for the first time on appeal. Federal courts review unpreserved errors only for plain error, and Rhode Island’s raise-or-waive rule usually bars them entirely. We map the record against the available arguments before deciding which to pursue.
Appellate courts are persuaded by the quality of the argument on the page. We write briefs that address the standard of review directly, engage the government’s position honestly, and advance the strongest available argument.
Post-conviction options depend on the court and the grounds for relief. Rhode Island Rule 35 and Massachusetts Rules 29 and 30 serve different purposes and have different timing rules. Federal Rule 35 allows narrowly defined sentence corrections and reductions for substantial assistance on the government’s motion; it is not a general resentencing request. We assess the available procedure and its deadline before filing.
When a federal constitutional violation affected a conviction, federal habeas review may be available. A state prisoner who has exhausted state remedies may petition under 28 U.S.C. § 2254, and a federal prisoner may move to vacate under 28 U.S.C. § 2255. Both are narrow and procedurally demanding, so we assess viability honestly before recommending this path.
From the first call to the work itself.
When you contact us, you are not entering a queue.
What we do. Call 401-621-9700 or request a consultation online. We take your details and check for conflicts of interest before we discuss your matter.
What to prepare. Your contact details, the court and case number, the judgment or order to be reviewed, and prior counsel’s name.
We will give you honest answers about where you stand and what your options are.
What we do. An attorney reviews what happened, the documents you have, and any deadlines that may apply, then talks you through your options.
What to prepare. The judgment or order, sentencing papers, docket, notices already filed and any transcripts or written rulings you have.
We prepare every case as though it’s going to trial.
What we do. If you decide to hire the firm, we confirm the engagement and get to work, and you know who is handling your matter.
What to prepare. Keep any new notices, letters, or court papers and send them to us as they arrive.
Every matter is different, so the steps and how long each one takes vary.
Attorney
Criminal defense, state and federal · Personal injury · Civil litigation
View profileAdmitted in Rhode Island, Massachusetts, New Jersey and Connecticut state courts; U.S. District Courts for Rhode Island, Massachusetts and New Jersey.
Trustworthy, professional, and knowledgeable. DiLibero & Associates took the time to explain everything clearly and always made me feel informed throughout the process. Their honesty, responsiveness, and attention to detail gave me confidence every step of the way. I highly recommend them to anyone looking for legal representation they can trust.
Tony LevadaOur go to! We have utilized DiLibero & Assoc for a few years now and highly recommend. They are easy to reach, operate in a timely manner, and in each instance- they guided us and handled our situations surpassing our expectations. So grateful to always know exactly where to turn! And to actually get resolution. On top of that being treated with dignity and respect- definitely minimizes the stress when going through difficult predicaments.
Aimee ZwolinskiOne of the best experiences i’ve ever had legally was with this firm! Lisa and Dylan are extremely professional and determined to get you a desirable outcome! They kept me well informed throughout the entire process and were nothing but professional, understanding, and helpful. I will always recommend this firm due to its staff’s dedication to getting you results that matter!
Elaina MI had a great experience working with Dylan. He helped guide me through a situation I was dealing with involving a car dealership, and from the start he was professional, knowledgeable, and very easy to work with. Dylan took the time to explain everything clearly and made sure I understood my options every step of the way. Even though the situation didn’t require anything overly complicated, it was clear that Dylan really knows his stuff and genuinely cares about helping his clients. He was responsive, straightforward, and made the entire process much less stressful. I would absolutely recommend Dylan to anyone looking for a reliable and trustworthy attorney. Thanks again for your help!
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Michael MarzilliTestimonials reflect individual experiences. Prior results do not guarantee a similar outcome.
Reviews describe individual clients’ experiences. Every matter is different.
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It depends on the record. Direct appeals have strict, short deadlines. A defendant generally has 20 days from entry of judgment to appeal a Rhode Island Superior Court conviction (R.I. Sup. Ct. R. Art. I, Rule 4(b)) and only 5 days to appeal a Rhode Island District Court conviction to the Superior Court (R.I. Gen. Laws § 12-22-1). The deadline is 30 days in Massachusetts (Mass. R. App. P. 4(b)) and 14 days in federal criminal cases (Fed. R. App. P. 4(b)). Post-conviction options can have longer windows, but some are time-limited too. The sooner you call, the more options are available.
Not every conviction has a viable appellate issue, and we won’t tell you one does if it doesn’t. The most common grounds are legal errors at trial, such as improper admission of evidence, incorrect jury instructions, prosecutorial misconduct, or constitutional violations that affected the outcome.
A direct appeal challenges the conviction based on what happened at trial and is limited to the existing record. Post-conviction relief can reach matters outside the trial record, such as new evidence or ineffective assistance of counsel. Claims that could have been raised earlier may be barred, so choosing the right path matters. The two paths aren’t mutually exclusive, and in some cases both are worth pursuing at the same time.
It’s often advisable, particularly when one of the grounds for appeal is ineffective assistance of trial counsel. This claim is difficult to make if the same attorney is still representing you. A fresh set of eyes on the trial record also helps. We take on appellate and post-conviction cases where we weren’t the original trial counsel.
It depends on the nature of the error. A successful appeal can result in a new trial, a reduced sentence, a vacated conviction, or (in some rare cases) outright dismissal. Appellate courts don’t typically acquit. Instead, they send the case back to the trial court with instructions. What happens next depends on what those instructions say and what the prosecution decides to do.
Appellate work can demand significant research and writing. It takes time to review a trial record carefully and produce a brief worth filing. We’ll give you an honest assessment of the record, what we find, and what representation would involve before any work begins. The first conversation is free.
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