How to Appeal a Criminal Case in New Jersey
Our skilled Monmouth County criminal appeal lawyers will adeptly review, prepare, and pursue appealing your case’s outcome from beginning to end.
In New Jersey criminal cases, the defendant has the right to appeal the decision of the lower court under certain circumstances. An appeal is a process by which a case is reviewed by a higher authority. In the case of the New Jersey criminal court system, the ruling of the lower criminal court would be reviewed by the Appellate Division. Through the appeals process, interpretation of the law that resulted in the lower court’s ruling is clarified; or errors committed by the judge or court process are corrected. Rarely in an appeal process is new evidence brought in to review.
If you or someone you love was convicted of a crime and wonder how to file a criminal appeal, we encourage you to get in contact with the Monmouth County lawyers at Chamlin, Uliano & Walsh today to answer all of the questions and address the doubts that may be crossing your mind. Our skillful team of criminal defense attorneys with proven experience in the field will work tirelessly to instruct you on the legal aspects of your case, review the happenings that occurred before the conviction, ensure your rights are well taken care of, and if an appeal is viable, we will work to obtain the results you want to receive.
To take the first step and get in contact with one of our New Jersey criminal appeal lawyers, simply call our West Long Branch office today at (732) 440-3950 or toll-free at (888) 328-9131.
Required Conditions to File an Appeal in New Jersey
Contrary to popular belief, a defendant cannot simply file an appeal to a criminal trial ruling because they are not satisfied with the outcome. Rather, to file an appeal, you must make the case that the process by which the lower court ruling was made was faulty in some way. These faults could include wrongful conviction, improper interpretation of the law, illegal search and seizure, or some other breach of legality or Constitutional right that led to the arrest or error during the court proceedings, among others.
Target Objective of an NJ Criminal Appeal
As noted above, the purpose of an appeal is not to retry the lower trial case. Instead, it is a judicial review of the process, examining it for legal errors that may have influenced the outcome of the case. A defendant who files an appeal is hoping that, upon further review by a New Jersey Appellate judge, the case will be remanded to a lower court for further action. If this occurs, the lower criminal court will be required to either retry the case, make modifications to the ruling, or consider new evidence or information brought to light in the Appellate review.
Roadmap of the NJ Appeal Process
The appellate process begins when the defendant, now called the appellant, files a Notice of Appeal with the New Jersey Superior Court Clerk’s office. After the Notice of Appeal is filed, the appellant has a time to prepare a written brief in which they argue their position as to why the process or outcome of the lower criminal court was in error. The other party in the case, the appellee, then has a time to respond to this brief, after which the appellant can file a response to the appellee’s entry. If the case is not easily resolved by briefs alone, the Appellate judges hear oral arguments from both sides and pose questions to each regarding the issues at hand. Then the Appellate panel reviews the arguments and comes to a judgment regarding the lower court’s handling of the case and decision. One member of the majority formulates a written decision, and when it is agreed upon by all members of the majority, it is submitted to the public record.
If the Appellate Court concurs with the ruling of the lower court, the case typically ends, unless the case is taken to the Supreme Court of New Jersey. If the Appellate court overturns the lower court’s ruling, the case will be returned to the lower court with the Appellate Division’s additional information and judgment.
A criminal defendant has the right to continue the appeal process if they do not believe justice was met at the state level. Under their right to a federal review, they may file a writ of habeas corpus claiming a violation of U.S. Constitutional rights or a case with more broad federally applicable issues.
Where Should Appeals be Filed in NJ?
A Notice of Appeal and required supplemental documentation are filed with the New Jersey Superior Court Clerk’s office.
Expected Time for the Outcome of an Appeal
The time it takes for an Appellate decision to be made varies substantially. The New Jersey Appellate Division generally returns a judgment in between six and eight months, though it could take up to a year or be a quicker turnaround.
Contact our Appeals Attorneys for Assistance with Your NJ Criminal Appeal in Freehold, Middletown, Howell, and Long Branch
Having the support of an appeals lawyer is essential if you believe justice was not served in your criminal case. Because appeals to criminal court decisions are based on errors in the lower court’s process or interpretation of the law, having someone on your side who is well-versed in New Jersey criminal law, can help you draft a thorough and legally sound written brief, and prepare a solid oral argument for the Appellate judges, can mean the difference between a fresh start on your criminal case and your appeal being denied.
At Chamlin, Uliano & Walsh, we are aware of how important it is that you get another chance at justice through the appeals process. Our attorneys have a long history of successfully defending and appealing cases on behalf of clients in Eatontown, Atlantic Highlands, Asbury Park, Neptune, Freehold, Wall, and across Monmouth County. Trust our firm’s decades of experience to assert your rights in the New Jersey legal system to their full extent.
Contact our Monmouth law office at (732) 440-3950 or reach us out online for a confidential consultation and explore the possible scenarios for appealing your specific criminal case.