When a criminal case doesn’t go your way and you get convicted, you may be able to appeal the decision. You cannot just appeal because you don’t like the last outcome though. You must have a good legal reason to do so. When you talk to a Bergen County criminal defense lawyer from our firm, we can tell you more about whether you have a good shot at changing the decision or if the entire process might not be worthwhile.
How Long Do I Have to File an Appeal in NJ?
The state does not give you very long to file an appeal. Most of the time, you have just 45 days from the entry of judgment to begin this process. Sometimes this deadline is even shorter. That’s not a lot of time and it’s rare that the deadline will be extended. You’ll need to find a lawyer, figure out your plan of action, and acquire the court transcripts yourself. That last step requires you to spend your own money, so keep that in mind.
When Should I File an Appeal?
You need to have a valid reason to make an appeal. Not liking the decision because you don’t want to go to jail or face other criminal penalties is not a valid excuse. You could argue that there was an error of law or a juror who acted inappropriately. Maybe a judge abused their discretion and made unreasonable rulings during your case. These are legal arguments you can use instead of saying “I didn’t do it.”
How Does the Appeals Process Work?
Once you file a notice of appeal, your lawyer can help you flesh out your argument and tell the higher court why your conviction should be overturned. You are not retrying your case here. You’re not going to get the chance to bring in new evidence or witnesses or anything like that.
You are arguing that the status of your conviction or sentence should be changed due to some kind of legal error. Then the court will consider your argument and make a decision. Usually, this will result in one of the following outcomes:
- Your conviction is overturned
- Your conviction is upheld
- Your sentence is adjusted
- The court returns the case to the lower court to be retried
Do I Need a Lawyer?
Having a lawyer by your side during this process is nearly a necessity. You are making specific legal arguments here and this is exactly where an attorney’s knowledge can come in handy. If you want to argue about errors in law, sentencing, or discretion, you should hire a professional who can speak convincingly about these subjects.
Contact Our Law Firm Today
Filing an appeal is not a good option for everyone, but if it’s a good idea for you our lawyers can help you fight to get a criminal conviction overturned. Contact the Law Office of Boyd & Squitieri and ask to schedule a consultation. And act fast, because the window to file an appeal is rapidly closing!
