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, or by allowing improper evidence before the jury, then file an appeal. There are deadlines you must meet to preserve the right to file the appeal, so do not delay in getting legal advice on your options. If the error was in how the lawyer represented you, such as by giving you mis-advice as to the consequences of pleading guilty, then file a petition for Post-conviction relief. The deadline for filing this type of application is typically five years. So decide whether to file for an appeal first.
If you have questions on a jury outcome and wish to pursue either an appeal due to a court error, or post conviction relief which is suggestive of an improper, inadequate or faulty legal representation by your lawyer, call my office today to discuss your options and related next steps
SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
24 Commerce Street, Suite 1000
Newark, NJ 07102
973-982-1200
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