Can I Appeal a Criminal Conviction in New Jersey?

June 30, 2020

Dealing with criminal charges can be life-changing. Being convicted of a crime can result in jail time and expensive legal fines. Your permanent record from a criminal charge can also make it difficult to find employment, even after you have completed jail time and already paid your fines.

Fortunately, even if you receive a criminal conviction, the state of New Jersey does allow you to appeal the decision. Whether you are facing a misdemeanor or felony charge, it may be beneficial to your case to discuss the details with a New Jersey criminal defense lawyer as soon as possible.

Filing a Criminal Appeals in New Jersey

You can file an appeal for your criminal conviction in the state of New Jersey with the following steps:

Discuss your case with a criminal defense lawyer: You might only get one chance to appeal the conviction, so it is important that you meet all required deadlines and submit the necessary paperwork. Keep in mind that your attorney will need time to review and build your case.
File a Notice of Appeal: Your lawyer will then file a notice of appeal with the appropriate court or county. They will also include any supporting documentation for the appeal request.
Build your case: You and your legal team will begin to build your appeals case. Unlike during the first trial, you hold the burden of proof, so it is more important than ever before to gather all the necessary documents and forms ahead of time.
Collect court documents: Other court documents, like the Case Information Statement and the court transcripts, will be important to your case too.

There will be additional legal charges required when filing an appeal. Make sure all filing fees are included with the appropriate forms to prevent slowing down the process or missing an important due date.

When to File a Criminal Conviction Appeal

It is important to note that filing an appeal does not give you a new trial. Instead, it requests that the court evaluate the fairness of the previous trials’ decision. Appeals may be eligible in the following cases:

The jury was not given the right instructions
New evidence is available
The jury or judge did not follow sentencing guidelines
A pre-trial motion was wrongly denied
Important information to your case was wrongfully excluded
The case involved misconduct

If you are unsure if your case is eligible for an appeal, reach out to a criminal defense lawyer.

Importance of New Jersey Timelines

Failing to meet New Jerseys’ strict timelines for the appeals process can make you ineligible for an appeal. New Jersey only gives you 45 days to appeal a criminal conviction. This timeline can be even shorter for certain charges, including misdemeanors or federal charges. While extensions are sometimes a possibility, they are not often given, so it is important to stay within the timeline. If you plan to work with a criminal defense lawyer, it is necessary to reach out to them as soon as possible, so they have time to review your case and build your appeals defense.

Contact an Experienced Union County Criminal Defense Lawyer About Your Criminal Appeal in New Jersey

Were you arrested or charged with a criminal charge in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The attorneys at Zegas Law have successfully represented clients charged with criminal charges in Essex County, Union County, Morris County, Middlesex County, and throughout New Jersey. Call (973) 379-1999 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 60 Morris Turnpike, Summit, NJ 07901.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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