If your criminal case led to an unfavorable result, there is no need to panic. That was just the start of things. Here at The Rosenblum Law Firm, we understand what is at stake and are ready to take your case to the next level. Appealing your criminal case will take a skilled criminal defense attorney who is familiar with the criminal appeals process. Before taking action, make sure to familiarize yourself with the following information.
After going through a very long and drawn out court proceeding, the last thing you might want is to have to do it all over again.
You may even feel like your prior attorney let you down or as if no judge will ever see your side of things. The key is to not get discouraged and never give up. Believe it or not, many criminal cases get reversed on appeal due to errors that were made by the trial court that convicted you. Ultimately, an appeal can be exactly what you need in order to avoid jail time and get the results you deserve.
What Do I Need to Do?
The first thing you should do is hire a skilled criminal defense attorney who has handled criminal appeals before.
Remember, you will not have an unlimited amount of time to file for an appeal. After all, every appellate court has deadlines that are usually relatively short. In New Jersey, you will be given 45 days from the date of your sentence to seek appellate review of a Superior Court conviction.
You get even less for a municipal court conviction: 20 days from the date of sentencing. However, you might be entitled to a 30-day extension if you have a good reason for not complying with the initial deadline.
Aside from retaining an attorney and filing on time, make sure that your attorney obtains all of the records and documents from your trial court case.
What is Involved in a Criminal Appeal?
In a criminal appeal, you will not get to re-litigate your case. To be clear, an appeal is not a “do-over.” It is an opportunity to explain why the court that convicted you made an error. You will bear the burden in a criminal appeal to identify an error in the trial court’s handling of your case.
Sometimes the trial court judge admits things into evidence that should never have been allowed in. Other times he may exclude exculpatory evidence without having legal grounds for doing so. Both of these, if serious enough, can amount to reversible error.
Additionally, if a judge improperly granted or denied a pre-trial motion that adversely affected your case, this too might be grounds for a reversal. Ultimately, winning your appeal directly hinges on how well your NJ criminal defense attorney can show that the trial court made errors in your case.
Who Should You Contact?
If you or a loved one was convicted of a crime and would like to initiate a criminal appeal, contact Adam H. Rosenblum of The Rosenblum Law Firm today. His team of skilled criminal defense attorneys will do what they can to protect your legal rights and get you the results you want. E-mail or call 888-815-3649 today.