Learn More About Appealing a Sentence
If you have been convicted of a crime, you know it’s a devastating and harsh blow. You have the right to appeal the conviction and sentence in both state and federal crimes, including indictable felony crimes and disorderly persons’ misdemeanor offenses.
A successful appeal can mean a new trial, shortening an original sentence or, in some cases, release from incarceration. Learn more about appealing a sentence in New Jersey:
• A criminal defense attorney plays an important role in the New Jersey criminal appeals process. Retain an experienced criminal appeals attorney now.
• Don’t wait too long: it’s possible to forfeit your right to appeal.
Deadlines are quite short for filing your criminal appeal:
• You have 45 days to file an appeal for a Superior Court conviction (felony or indictable crime)
• You have 20 days to appeal a Municipal Court conviction (disorderly persons’ offense/misdemeanor)
• You have just 14 days to appeal a federal court case, such as wire/mail fraud or money laundering
The criminal appeals process beings when your criminal defense lawyer files the Notice of Appeal for you. Note that pro se (self) representation is discouraged. The appeals process is extremely complex. In comparison to your original trial, you bear the burden of proof. Your attorney must also submit additional documents, including your Case Information Statement (CIS), motions, and briefs.
If you win the appeal, know this isn’t a new proceeding. The purpose of the appeal is to provide you with an opportunity to show the lower court’s error or omission, unfair sentence or conviction.
An experienced criminal defense attorney can assist you in evaluating your full range of legal options, as well as the potential outcomes. It’s your right to make an informed decision about the best next steps for you. Contact The Law Offices of John W. Tumelty, New Jersey Court Certified Criminal Trial Attorney to learn more now.