Tactical, Experienced NJ Appellate (Appeals) Attorney Strives to Make Right What Went Terribly Wrong in the Courtroom.
If you are here right now chances are something went wrong for you in a criminal trial, and the verdict was not want you were expecting. Presuming this, you have options. If you have pled guilty, or have been convicted after trial, you have the right to file an appeal. The grounds you raise for this type of relief must be based on a legal defect in the proceedings, such as the Judge made a mistake in a ruling, or the Judge made a mistake by denying a Motion. You can raise issues about errors that happened at any time during the legal proceedings that were raised to the trial court, ranging from before the cops locked you up through what the Judge did at sentencing. You cannot raise issues about mistakes that your lawyer made. And you cannot typically raise issues that were not raised before the trial judge.
If you believe there was a mistake in your trial, or in a legal issue in your case, contact Appeals Attorney Adam Toraya at The Law Offices of Howard Bailey at 973-982-1200 for a free phone consultation. He’s a New Jersey Appeals Lawyer You Can Turn to for a Powerful and Robust Appeal of Your Case.
Mr. Bailey and Mr. Toraya have represented numerous clients during appeals before both the NJ Appellate Division and the NJ Superior Court Law Division. If you have questions about whether you have a basis to file an appeal, contact The Law Offices of Howard Bailey at 973-982-1200 for a free consultation.
What Court is My Appeal Being Heard In?
This type of petition is not heard by the same Judge that originally handled your case. If your original case was heard in the Law Division of the New Jersey Superior Court, you will file in the Appellate Division of the Superior Court. You must be filed within 45 days of the sentencing date, or you may lose your right to file an appeal. If your case was originally heard in one of the Municipal Courts, you must file your appeal within 20 days in the Municipal Court and the Law Division, and it will be heard in the Law Division of the Superior Court. If you fail to file within the 20 day period you may lose your right to file your municipal appeal.
Representing a Client on an Appeal
There must be a legal basis for filing an appeal. You do not get to add evidence that was not placed before the trial Court. An appeal is based on the transcripts of what happened in Court. You must demonstrate that a legal error or mistake occurred during your trial. Grounds for filing an appeal vary from case to case, but many include: the denial of a defense motion; the court gave improper instructions to the jury; and, evidence was improperly admitted. In essence, the appeal is based upon a mistake made by the Court. Once filed, an appeal can take a year or longer to be heard, and for a decision to be rendered by the Court.