My first job as an attorney in New Jersey was as Judicial Law Clerk to one of the most esteemed judges to ever serve in the NJ Appellate Division. Appellate litigation is a core of my law practice and we take these cases very, very seriously. Call now to speak with experienced New Jersey Appeal Lawyer, Anthony J. Vecchio.
While I handle every case as if it were my only one, appeals deserve a special level of priority. This is because even putting aside the complicated procedural and substantive legal issues, an appeal is often an individual’s last chance to get things right. The stakes are often extremely high.
Dozens of clients have turned to us to appeal the termination of their parental rights, perhaps the most extreme outcome that any case could have. Many others had been convicted of serious criminal offenses and driving while intoxicated (DWI). An appellate court typically reverses far less cases than they affirm. This means that your statistical chances of winning an appeal are worse than a coin-flip. You can counter these odds by retaining an experienced and interested New Jersey Appeal Lawyer immediately.
A large part of my appellate lawyer practice is representing those already convicted of criminal charges, traffic violations, and DWI in New Jersey. One crucial part of appealing a NJ conviction is complying with the strict filing deadlines. An appeal from a decision of a judge in Municipal Court must be filed within 20 days. An appeal from a decision of a Superior Court Judge or Jury must be filed within 45 days.
A criminal appeals is not generally a new trial. Rather, the appeals court will review the transcripts of the trial or hearing below and the submissions by the parties. The person appealing is the “appellant” and the other party is called the “respondent” in New Jersey. After filing the Notice of Appeal and obtaining the transcripts below, the next step is to identify any perceived errors.
Identifying errors committed by the court below is a large part of an appellate attorney’s job. After reviewing the transcripts and identifying the best issues for appeal, your attorney must carefully craft the appropriate arguments. These must be put in writing in a formal brief to the court. Extremely rigid rules govern the writing and submission of briefs. Writing an appellate brief capable of winning requires skill, experience and discipline.
One niche practice area I focus on is appeals from the denial of permits to purchase handguns and appeals for firearm purchaser I.D. card applicants. New Jersey has some of the strictest gun control laws in the country. Your Second Amendment Rights stand probably more of a chance of being denied in NJ than any other state. I have handled these cases and won those that were very close calls. If you have been denied a gun permit by the local police department, call now to speak with a NJ gun permit lawyer.
Another level of “appeal” exists beyond the direct appeals described above. This is known as Post-Conviction Relief (PCR). Different rules and time restrictions apply to petitions for post-conviction relief. For example, they generally must be filed within 5 years of the date of conviction.
A PCR can be very useful – sometimes the only way – to appeal a conviction of a DWI or criminal charge after the conviction itself. They are particularly appropriate in some immigration and subsequent DWI cases. Call now to speak with an experienced appeal and NJ PCR attorney.
In New Jersey, almost anyone has the right to appeal the decision of a judge or jury. However, this right comes with very strict rules. Time limitations and other procedural rules govern whether your appeal will even be given a chance to be heard. In situations where you have preserved your right to be heard, you still must prove to the appeals court that relief should be granted.
I have worked on nearly every type of New Jersey appeal conceivable. Appeals from the denial of gun permit applications, permits to purchase a handgun, civil and administrative appeals, all the way to appeals for sexual assault, murder, and termination of parental rights. Call to speak with an New Jersey appeals lawyer.
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