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When a defendant is issued a criminal conviction in New Jersey they generally have the chance to appeal the decision. Depending on the specific circumstances of the case the petition may or may not be valid. Contact a Mercer County criminal defense lawyer today for information about your right to file an appeal.
What is an Appeal?
When a defendant is issued a guilty verdict in a criminal trial, they can make a petition for the case to be reexamined. This petition is known as an appeal. Through an appeal, the Pennsylvania Superior Court will examine the transcript from the Court Reporter on your case as well as a written explanation of the legal issues within.
Once they have reviewed the provided information the court will come together to decide whether to stand by the decision of the lower court or overturn it.
What Are the Grounds for an Appeal?
There are probably very few, if any, convicted individuals who were happy with their verdict. However, simply disagreeing with the outcome of a case is not enough to file an appeal. There must be one or more valid grounds for an appeal that are rooted in legal mistakes. Consider the following.
- Obvious and egregious legal errors
- Insufficient evidence
- Improper admission or exclusion of evidence
- Sentencing errors
- Ineffective assistance of counsel
- Juror misconduct
- Incorrect jury instructions
Any of the above could have impacted the jury and judge’s decisions and led to an inaccurate or unfair verdict or sentencing. These grounds would support the petition for an appeal.
How Can I Appeal My Criminal Conviction?
The appeal process is not particularly complex but it can appear that way without the help of a skilled lawyer. The defendant and their attorney must file a Notice of Appeal to the Pennsylvania Superior Court within 30 days of the original sentencing.
Once the Superior Court is notified of the appeal petition they will send a docketing statement to the defendant or their attorney and require a Statement of Errors Complained of on Appeal. The defendant’s legal team has 21 days to complete and return these documents.
The trial judge who oversaw the original ruling will have an opportunity to state why the issues presented by the defendant do not support an appeal. Once all briefs have been filed the relevant parties will be granted an opportunity to speak before the panel of Superior Court judges who will hear the arguments and issue a ruling.
Work With an Attorney at the Law Office of Doulas Herring
The appeal process can be overwhelming especially given the uneasiness you may be feeling after being convicted of a crime. Obtaining help from an experienced lawyer can allow you to navigate the legal process with confidence. Reach out to a skilled attorney for more information regarding your rights and options.
