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 appeal. ‘Filed’ means that it is in the hand of the Appellate Court. Not in the mail, not “I just need a few more days”. If you miss the filing deadline you may lose your right to file an appeal altogether. When a judge makes a mistake, and you wish to file an appeal, the appeal is based on the record of the proceedings where you were convicted. In essence, the appeal claims that ‘The Court below erred when it…’. It is not enough to ask for a ‘do-over’, or to say ‘if I had known I was going to be convicted I would have…’.
If you feel a judge made a mistake in the proceedings of a case in which you or someone you know was involved, contact my office for a no-fee phone consult on the possibility of filing an appeal.
SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
24 Commerce Street, Suite 1000
Newark, NJ 07102
973-982-1200