Grounds for Appeal in the State of New Jersey
Each state has its own independent appellate system. Depending if crimes are tried in State court or Federal court, the path to appealing a conviction or sentence varies. In New Jersey state court, a notice of appeal must be filed within 45 days of the judgement of conviction. In federal court, a notice of appeal must be filed within 14 days of judgement. These timelines do not mean that you cannot appeal after the set number of days, but a separate process must be followed to do so.
An appeal is not a retrial, it is a request for a higher court to review your case for legal errors that may have negatively impacted the outcome of your trial. To be successful in an appeal, you must show that there was a mistake that occurred during your trial that tainted the outcome. General grounds for appeal include:
- Unlawful search and seizure by law enforcement
- Errors by the judge by allowing certain evidence or testimony or not allowing certain evidence or testimony during trial
- Incorrect instructions given to the jury
- An excessive sentence handed down that disregards legal boundaries
In New Jersey, you generally have one shot at an appeal, unless your conviction has been overturned and gone to retrial or you file for post-conviction relief. The appellate process is very strictly regulated and intense, which is why it is recommended that those seeking an appeal use the guidance and expertise of an experienced criminal defense attorney, like those at the Law Offices of Robert J. DeGroot.
Options for Appeal in New Jersey
The success of an appeal for a white collar crime conviction in New Jersey will depend on proving significant legal errors occurred during the original trial. An appeal isn’t a “do-over”, appeals rely on and are granted based on the existing record of the trial that already happened.
The options for appealing a white-collar crime conviction in New Jersey include:
- Direct Appeal: A direct appeal is a request for a higher court to review the trial record for mistakes and legal errors made by the judge or prosecution. A guide for appealing a conviction in New Jersey is available online. However, acquiring the help of an experienced attorney is highly recommended.
If the Appellate Division upholds the conviction you are appealing and does not find any
that any legal errors occurred in the original trial, a Petition for Certification can be filed.
- Petition for Certification (NJ Supreme Court): The New Jersey Supreme Court can be requested to review the appellate panel’s decision. This request must be made within 20 days of the Appellate Division’s decision.
Once the New Jersey Supreme Court denies an appeal, state-level remedies are no l longer possible. A final petition can be made to the U.S. Supreme Court.
- Petition for Post-Conviction Relief (PCR): If both the direct appeal and Petition for Certification have failed to work in your favor, or you want to introduce new evidence from what was brought about in the original trial, a PCR can be filed. This option must be filed within 5 years of your conviction or sentencing.
- Habeas Corpus: If all New Jersey state options end without your appeal being heard, you may be able to file a federal petition for a writ of habeas corpus in the U.S. District Court that basically alleges that your U.S. Constitutional rights have been violated.
Once an appeal has been reviewed or denied by the U.S. Supreme Court, the original court order or judgement becomes legally binding. Some post-judgement options may still exist depending on whether the case is civil or criminal, and the severity of the crime.
Finding the Right Appellate Attorney
Appeals focus on finding legal errors rather than on new evidence, so it is important to find an attorney who has experience in the appellate process and who is dedicated to it. The legal team at the Law Offices of Robert J. DeGroot can provide the knowledge and skill needed to aid an appeal. With a wealth of experience and a drive to work hard for their clients, the attorneys at the Law Offices of Robert J. DeGroot can help!
Reach out to the Law Offices of Robert J. DeGroot today with all of your appellate needs!
