New Jersey Criminal Appeal Attorney

Appeals Lawyer in Haddonfield, NJ Helps Clients Appeal Their Criminal Convictions in Camden County, Burlington County, Gloucester County, and Throughout South Jersey

Hearing a jury foreperson announce a guilty verdict against you or a loved one is a devastating experience, and a life-changing moment, no matter what crime was charged. However, all hope is not lost. Whatever the original charges and the outcome of your criminal case, a New Jersey appeal could be your second chance at justice. I founded The Law Office of Jill R. Cohen to fight for freedom on behalf of my clients in Camden County and throughout South Jersey. With over 30 years of experience in the criminal justice system, I can find causes for an appeal and will zealously pursue justice on your behalf.

The Four Different Court Levels And The Appeals Process In New Jersey

Different courts involve different legal processes. Some courts deal with lighter disorderly crimes while others deal only with serious crimes or appeals. The court that sentenced you will dictate the process to appeal the undesired decision. As a criminal defense attorney with decades of experience, I have handled numerous appeals, I understand the legal processes involved at each level and can provide you with the representation you deserve. Below is some general information about the court levels when filing an appeal:

Appealing Municipal Court Decisions

The municipal court is the lowest tier of courts. This court processes charges for regular and petty crimes, municipal ordinance violations, traffic violations and handles DWI cases. Unlike other tiers, the municipal court holds no formal trials and does not use a jury. The judge is the one who determines guilt versus innocence and assigns penalties that can include up to six months in prison, fines, license suspension, community service, probation or other restitution options for the victim(s). An appeal of a municipal court case will proceed to Superior Court.

Superior Court Cases And Appeals

Superior Court is the next tier of the court system and uses a jury to decide cases, unlike municipal court. In New Jersey, Superior Court is divided into three sections, criminal court, family court and civil court. The Superior Court processes indictable criminal offenses (1st, 2nd, 3rd and 4th degree); juvenile crimes, divorce hearings, restraining orders and other family matters; and civil suits and appeals from municipal court final decisions. An appeal of a superior court claim will proceed to the appellate division court.

The Appellate Division

Appellate division exists specifically to hear and consider appeals from decisions made in a superior court. It also hears appeals from law and chancery divisions of New Jersey Superior Court, tax court and final decisions made by state administrative agencies. The New Jersey appellate division deals with over 7,000 appeals each year. In most cases, the appellate division is the highest level that an appeal will go. The appellate judges decide to affirm, reverse, remand or modify a previous court decision.

The Supreme Court Of New Jersey

The state supreme court is the highest court tier there is for a case in the state of New Jersey. While it is rare that something will go past the appellate division court in New Jersey, the cases that go before the New Jersey Supreme Court usually involve the New Jersey constitution, individual rights – such as the 1st or 4th amendments – or social and political cases. The appealing party must file a writ of certiorari, and their writ will only be granted and their appeal will only be heard if the New Jersey Supreme Court decides that the case would add value and clarification to New Jersey law.

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A Motion For Post-Conviction Relief (PCR)

Even if a case is lost on appeal, there are still other opportunities to get the court to revisit a criminal conviction. A Motion for Post-Conviction Relief (PCR) allows the defendant to challenge the conviction based on errors that occurred during the trial. In a PCR based on error, the defendant can ask for the sentence to be vacated (dismissed) or ask for a new trial. It can also be used if the defendant has appealed the case and lost. A PCR allows the court to reconsider the defendant’s guilt if there is new evidence that has come to light, such as DNA evidence or new laws.

You Can And Should Appeal Your Criminal Conviction In New Jersey

Each and every New Jersey criminal case is different – as different as the circumstances of the alleged crime, the charges for the alleged crime, the attorneys involved, the jury members and even the judge who presided over the case. There are numerous reasons for pursuing an appeal or PCR in your case. For example:

• Your previous defense attorney may have failed to meet acceptable standards of criminal defense in New Jersey
• A judge or jury may have made an erroneous decision
• Procedural errors may have occurred in your previous trial.

I will leave no stone unturned as I seek to get your conviction appealed and return you to your family.

Don’t Wait. Deadlines Apply. Call Now For Your Free Evaluation.

Time is of the essence in appeals. Strict filing deadlines apply. I offer free consultations to discuss and evaluate your case with you and answer any questions you may have. Call 856-754-5501 or contact me online to schedule your free appointment. I can meet you at my office or wherever you may be incarcerated.

I serve criminal defendants throughout South Jersey in Salem, Atlantic, Camden, Cherry Hill, Gloucester Township, Winslow, Pennsauken, Voorhees, Lindenwold, Haddon Township, Collingswood and Haddonfield.