“My lawyer didn’t do what I told him to, and I got convicted because he screwed up my defense!” must be raised by filing a Post-Conviction Relief Petition, not an Appeal. If you are convicted or enter a guilty plea, you have the right to file an appeal if you believe that the Court made a mistake. If you believe that the lawyer made a mistake, that type of error must be raised by filing… read more →
After the Judge imposes the sentence, a Motion for Reconsideration of the sentence can be filed to reduce the time you will need to actually serve. In New Jersey, a defendant can file a request with the Court to ‘re-think’ the factors that supported the sentence issued by the Judge. Most such applications must be filed within 60-days of the sentencing date, unless the basis being argued for the Court to change its mind fits… read more →
If you are charged with a criminal offense in NJ, you will have a criminal record even if you are not convicted. And your employer can see it. To clear your past (expunging a criminal record), you will need to file a Verified Petition with the Superior Court. There are time limits (think ‘waiting’ periods) that will have to be met before you will be eligible for this type of relief. There are also limits… read more →
“My lawyer didn’t protect me, he screwed up my defense and now I’m convicted of something I didn’t do!” Under the United States and New Jersey Constitutions, when you are charged with a crime you have the right to counsel. That lawyer must provide “effective” assistance of counsel, and if they do not you can attack the conviction through filing a petition for Post-conviction Relief (PCR). In many of the cases seeking this type of… read more →
The police generally need a reason to stop you, or to search you, your house…or your car. The constitutionally based ‘warrant requirement’ which protects you from an unreasonable search or seizures can be overcome by circumstances that eliminate the need for the police to find a ‘neutral and detached magistrate’ (a judge) from whom they can request a search warrant. Your actions can support an exception to the need to obtain a judicial approval for… read more →
When the Judge hearing your case makes a mistake when he or she issues a ruling on evidence or law, and you are convicted, you have the right to file an appeal. In New Jersey, a defendant has a forty-five day period when he/she can file an appeal of a decision of the Superior Court. If the case was in the Municipal Court, the defendant has a twenty day period within which to file the… read more →
Lawyer mistakes happen. And sometimes the results can be a verdict that did not include the wisdom of competent legal counsel. Post-conviction relief (PCR) is a type of petition to the Court that challenges mistakes made by your lawyer while representing you. In New Jersey, this Motion is raised in front of the same Judge that heard your case before whom lawyer mistakes may have occurred. In many instances, the same prosecutor that represented the… read more →
After the trial verdict, you have the right to file an Appeal, and to file for Post-Conviction Relief (PCR) of a conviction. In New Jersey, you cannot file for both types of relief at the same time. An appeal challenges the legal decisions of the Judge, and a PCR challenges the representation of your attorney. If the error was by the Court, a court error as it were, such as denying a Motion to Suppress,… read more →
When you are on Probation or Parole, there are parole and probation restrictions. For starters, any use of alcohol or illegal drugs is a basis to violate. In New Jersey, when you are violated from Probation, the Judge can extend the probation, can impose additional probation restrictions, or can re-sentence you up to the maximum you were facing for the charges you were put onto Probation in the first place. When you are violated from Parole,… read more →
In New Jersey, a Final Domestic Violence Restraining Order is forever. It will stay in effect until it is overturned on appeal, or the ‘victim’ drops it. A Domestic Violence FRO can be appealed, but the appeal must be filed with 45-days of the Order being issued. If you miss the 45-day deadline, you may be able to get a 30-day extension, but you should not count on it. Get the appeal filed, order the transcript,… read more →