New Jersey Appeals Lawyer
Our Appeal Attorneys Work to Right Other's Wrongs
You or a loved one may have been wrongly convicted because judges, prosecutors, and defense lawyers made mistakes which deprived you of a fair trial. To make sure you received a fair trial or sentence, the Constitution provides that you have the right to appeal any conviction or sentence received, whether in Municipal or Superior Court, but there is a time limit on filing an appeal.
The appellate attorneys at Helmer, Conley & Kasselman, P.A., are here to help you. They offer their experience in managing a variety of appeals, including those involving complex issues or voluminous records, accelerated appeals, interlocutory appeals or emergent appeals. One of our appellate attorneys, a former assistant prosecutor of over 26 years, has handled hundreds of appeals on behalf of the state, not only writing briefs setting forth legal arguments but also appearing in the Law Division, Appellate Division and before the New Jersey Supreme Court to argue.
Our attorneys will review each matter, whether trial, guilty plea or motion, for any errors that occurred and will file an appeal highlighting these errors for the appellate court to correct.
Our seasoned appellate attorneys are skilled in raising issues to persuade the appellate court that harmful error occurred.
They may point out that some judges err by:
- Allowing improper evidence against a defendant; or
- Excluding evidence favorable to a defendant.
They may demonstrate that some prosecutors:
- Make unfair statements against defendants;
- Prevent favorable evidence from being admitted; or
- Otherwise prejudice a defendant.
They may show that some defense attorneys:
- Improperly investigate a case;
- Fail to prepare for a case;
- Have insufficient knowledge of the law;
- Fail to make proper objections, fail to use investigators ; or
- Fail to call witnesses on a defendant's behalf.
They will illustrate to the appellate courts that these errors negatively impacted on your trial, guilty plea or resulting sentence, which could lead to a reversal of the conviction and a new trial or resentencing. In some instances, our attorneys may obtain your release from prison on bail while the appeal is pending.
Because errors occur in any proceeding, our appellate practice is not limited to criminal or municipal matters. The same level of care is offered to protect you from any unjust decision in civil courts or in administrative matters, such as those involving the Division of Child Protection and Permanency (formerly DYFS), the Motor Vehicle Commission or your place of employment. Our attorneys are waiting to protect your rights.
A Conviction Isn’t Necessarily the End of Your Case
As a defendant in New Jersey’s criminal justice system, you have clear legal rights. These rights do not go away when you get convicted. As devastating as it can be to hear the judge announce a “Guilty” verdict in court, this doesn’t necessarily mean that your case is over. You may still have grounds to file an appeal.
If you have gone through a criminal trial in New Jersey and are now facing the consequences of a conviction, you should speak with a New Jersey defense attorney promptly about filing an appeal. Unjust convictions and sentences are not uncommon, and if there were issues with your case before or during trial, you may be entitled to have your conviction or sentence overturned. A defense attorney at Helmer, Conley & Kasselman, P.A. can work quickly to assess your appellate rights and help you decide whether to challenge the outcome of your case.
What You Should Know About Filing an Appeal
Just like taking a criminal case to trial, filing an appeal is a complex process that is subject to numerous rules and requirements. Even if you are entitled to have your conviction or sentence overturned, if you don’t take all of the necessary steps to present your case effectively, you won’t achieve the outcome you deserve.
As a result, hiring an experienced New Jersey criminal lawyer is extremely important. A criminal lawyer who has experience challenging convictions and sentences will know what it takes to win on appeal and will be able to assert all viable grounds for securing a reversal, remand or retrial. Depending on the circumstances of your case, this may include grounds such as:
- New evidence has come to light
- The judge improperly denied a pre-trial or trial motion
- The judge improperly excluded evidence from your trial
- The judge did not provide appropriate instructions to the jury
- The prosecutors handling your case engaged in misconduct
These are just examples. When you schedule a consultation at Helmer, Conley & Kasselman, P.A., your New Jersey defense attorney will assess all potential grounds for challenging your conviction or sentence. Based on this assessment, you can then make informed decisions about your next steps.
If you think you may have grounds to challenge the outcome of your criminal case, it is important that you act promptly. The deadlines for filing a notice of appeal are extremely short, and if you wait too long to file, you may be forced to live with the consequences of your unjust verdict. In New Jersey, the deadlines for initiating an appeal are:
- Indictable Offenses – 45 days from the date of conviction
- Disorderly Persons Offenses – 20 days from the date of conviction
Speak with a New Jersey Defense Attorney About Your Appeal
Do you need to know more about filing a appeal in New Jersey? If so, we encourage you to contact us promptly. To speak with an experienced New Jersey defense attorney as soon as possible, call 609-281-8730 or request an appointment online today.
