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NJ Criminal Appeals Lawyer near Newark NJ

The Law Office of Charles Dawkins Jr. LLC has experience appealing cases in the State and Federal Courts. He has trial experience in Newark NJ. Superior Court. In the United States, our Constitution affords us the right to due process, and part of that is the right to appeal a court's decision. That means if your criminal trial did not conclude with the outcome that you deem just considering the States's burden to prove the case against you beyond a reasonable doubt. You can seek the Law Office of Charles Dawkins Jr. LLC to appeal the case on your behalf. However, an appeal is not the same thing as a new trial.  Appeals are not a second opportunity to try a criminal case.

It's best not to navigate the criminal justice system on your own. At Law Office of Charles Dawkins Jr LLC, our criminal defense lawyer in New Jersey will explain what your options are if you are found guilty and subsequently sentenced. If an appeal is appropriate, we will discuss with you exactly what that may involve. The Law Firm will have to review the transcripts of all proceedings and all motions presented in the trial court.  Call us today at 908-962-9929 to schedule a Consultation if you have been arrested and charged with a crime or if you have been found guilty at trial and want to appeal the case.

What is a NJ. Criminal Appeal?

During a criminal appeal, the defendant asks a higher (appellate) court to review and either reverse or modify a lower (trial) court's decision. The party appealing the trial court's decision is the appellant (some jurisdictions prefer to use petitioner). The other party is referred to as the appellee (some jurisdictions prefer to use respondent).

When a defendant is found guilty after a trial, they have a right to appeal the verdict. The prosecution, on the other hand, cannot appeal an acquittal. The Fifth Amendment of the U.S. Constitution prohibits double jeopardy, which means you cannot be tried twice for the same criminal allegation. Both the prosecution and the defense, however, can appeal a defendant's sentence as well as any interim decisions made by a judge, like the admissibility of certain evidence. 

Appellate courts are concerned with legal errors. They do not hear evidence or make findings of fact as to whether the defendant is guilty or not guilty. An appellate court examines a trial for any potential errors in terms of procedure, the law that was applied, and how it was applied.

The appellant files a notice of appeal, and upon the filing of this notice, the clock starts ticking for the appellant to file a brief. The brief states the facts and the law, explaining why the trial court's decision must be reversed. The appellee has an opportunity to respond with an answering brief. Then, the appellant may respond with a reply brief that answers the appellee's brief.

The appellate court may make a decision based on the written briefs, or they may hear oral arguments.

What Are Grounds for a Criminal Appeal in New Jersey

The specific grounds of an appeal will vary from case to case. Ultimately, an appellant must show that the lower court made a substantial or material error during the trial, i.e., one that affected the outcome of the trial. A harmless error, even if an error, will not change the outcome of the lower court's decision.

The most common grounds given for a criminal appeal in New Jersey include but are not limited to sentencing errors,  serious error of law, abuse of discretion, ineffective counsel, improper jury conduct, and prosecutorial misconduct.

Sentencing Error

The Judge has rules that he must follow when sentencing a defendant after a conviction. The Rules are codified by Statute and sometimes explained through case law.  When sentencing rules are not followed, the sentence is considered illegal, and an appellate court will remand the matter back to the lower court for resentencing. Though this type of appeal does not reverse the trial decision's guilty verdict nor does it allow for a new trial, it does often lead to reduced or more favorable sentences.

Serious error of law

A defendant may file an appeal on the basis that the trial court made an error in how they applied the law to the facts. For example, if the judge gave incorrect instructions to the jury on a legal issue or miscalculated the sentence, that may be ground for an appeal. 

Abuse of discretion

A trial judge has wide discretion when ruling on pretrial motions and legal issues that arise during a trial. A party can appeal an interim ruling that was clearly unreasonable, erroneous, arbitrary, or unsupported by the facts or law. 

Ineffective counsel

A defendant has a constitutional right to adequate representation during their trial. If a trial lawyer's representation was so poor that it resulted in an unfair trial, this may provide a defendant with the basis for an appeal.   

Improper jury conduct

A defendant may appeal their conviction if a juror acted improperly during the trial or deliberations. For example, if a juror speaks directly to a witness, that could be grounds for an appeal. 

Prosecutorial Misconduct

When prosecutors engage in dishonest or abusive acts in an effort to persuade a judge or jury of a defendant's guilt and those abusive acts were prejudicial and harmed the defendant's case, there may be grounds for appeal. Prosecutorial misconduct must be of the nature that even if a judge instructed the jury to disregard the improper act, the jury finds it hard to do, and that impacts the way they decide the case. Examples of prosecutorial misconduct include a prosecutor commenting on inadmissible evidence before the jurors, intentionally misstating what the law says, or pointing out that the Defendant failed to testify so the jury should consider this as evidence against him.

What is a Harmless error in NJ Criminal Appeals

Justice Rehnquist wrote an opinion that stated that the Constitution entitles a criminal defendant to a "fair trial, not a perfect one". United States v. Hasting, 461 U.S. 499, 508-509 (1983) ; Bruton v. United, 391 U.S. 123, 135 (1968). 

Possible Outcomes of a Criminal Appeal in New Jersey

After considering an appeal, an appellate court's decision may be one of many. The appellate court may:

  • Affirm the trial court's decision and uphold the conviction and sentence 
  • Reverse, or overrule, the trial court's decision
  • Remand, or return, the case to the trial court for a full retrial, resentence, or reconsideration of a specific aspect of the trial based on the appellate court's finding or
  • Modify a sentence 

An appellate court can also dismiss an appeal on procedural issues, such as a lack of jurisdiction.  A reversal is not required unless the Appellant Court finds that there was error capable of producing an unjust result. Any error is harmless unless there is reasonable doubt that the error contributed to the verdict. Any error is harmless unless there is a reasonable doubt that the error contributed to the verdict. State v. Slobodian, 57 NJ. 18,23,268 A.2d 849 (1970)

Contact a Criminal Appeals Lawyer near Newark, NJ. Today

Criminal appeals involve a highly specialized area of law that if successful could significantly alter the trial court's verdict, sentencing, or both. . So, if you are considering appealing the outcome of your criminal trial, it's worth speaking to Law Office of Charles Dawkins Jr. near Newark, NJ.

The Law Office of Charles Dawkins Jr. LLC will give the potential client an honest opinion on the case; then the potential client will determine whether they want to invest the money in the appeal.

This is a general synopsis of the New Jersey Appeals practice. Criminal Appeals can be very complicated and involve much legal research---sometimes presenting novel issues that the Appellate court has yet to rule on.

 Contact the Law Office of Charles Dawkins Jr. today either by filling out the online form or calling us at 908-962-9929 to schedule a Consultation.

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The Law Firm represents clients in all New Jersey Counties and municipalities including the following counties: Union County, Essex County, Middlesex County, Hudson County, Mercer County, and Camden County.