Considering Appealing a Municipal Court Conviction or Ruling? Call Me Now — No Charge – to Discuss Details.
A conviction of a Criminal Offense in the Municipal Courts of New Jersey does give you a criminal record that cannot be expunged for years. This can impact your life and your employment.
The record of what happened in Court is the basis for your appeal.
We will need a complete copy of the documents that the Prosecutor used against you and your recollection of what occurred to prepare the appeal for filing. W
e will also need to order the transcripts of all hearings where the legal issues were addressed by the Court.
An appeal says that the Judge made a mistake in how they resolved your case. That is why we need to know what the Judge saw, what the Judge heard, and what the Judge said. While your recollection of what happened is important, we will need the transcripts to show the Judge who hears the appeal the mistake the Municipal Court made.
An appeal is not a re-trial or re-argument of the case before the original Court, and we do not get to add in additional items of discovery to support the appeal. That is why we need to see what was used as evidence in your case.
The Appeal Process.
We will need to file the appeal with the Municipal Court within 20-days of your sentencing. It is important that we meet this deadline.
Once filed, the appeal will then be transferred to the Superior Court of the County where the Municipal Court is located. A Judge of the Superior Court will hear the appeal, not the Judge who found you guilty.
As previously stated, we will need two things to support the appeal, the case documents and the Court transcripts. Do not order the transcripts yourself, we will, to make sure we get them in the format we will need to file the appeal. Transcripts are expensive, so you do not want to pay for them twice.
Questions? Call us for a free consultation.
Bailey & Toraya, LLP has helped many clients appeal a conviction in the Municipal Courts of New Jersey. Contact us at 973-982-1200 for a free consultation.