Attorney for Wrongful Murder Conviction Appeals in New Jersey
Most people know that the New Jersey criminal justice system offers individuals convicted of a crime the right to appeal their case. However, very few people understand what the appellate process entails, especially in the case of a wrongful murder conviction. In most situations, an appeal does not permit a convicted party to challenge the facts in their case. However, a skilled appellate attorney does have the ability to demonstrate where the court erred in its judgment or misapplied the law.
Appeals of murder convictions require a very specific skill set. Our New Jersey attorneys for wrongful conviction appeals have decades of experience conducting detailed analysis, thorough and precise research, and are especially effective at written and oral arguments.
If your future is on the line because of a wrongful murder conviction, you want a firm dedicated to pursuing justice with the experienced and resources to handle complicated cases. Just because you have been convicted does not mean you are out of options. However, time is of the essence, so do not delay contacting Young, Marr & Associates at (609) 257-4019.
Motion for a New Murder Trial in New Jersey
A murder defendant is permitted to request a new trial under New Jersey Court Rule 7:10-1. When deciding whether a new trial is warranted, a judge will consider a number of factors, including whether new evidence was discovered, the original court lacked jurisdiction, or other grounds showing that a new trial is in the interest of justice.
The grounds for a new trial dictate when a motion for a new trial must be filed. If new evidence has been discovered, the motion must be filed within two years of the conviction. A motion based on a lack of jurisdiction or fraud could be filed at any time. If you are filing a motion on any other grounds, it must be filed with the court within 20 days of the conviction. Our New Jersey appellate attorneys could request an extension within 20 days as well.
Appealing a Murder Conviction in New Jersey
If you have been wrongfully convicted of murder and do not have grounds for a new trial, or if your motion was denied, you are still permitted to appeal the conviction. The Appellate Division handles criminal case appeals. If your appeal is successful, your case could be dismissed, remanded back to the original trial court, or your sentence could be modified.
The appellate process starts with the filing of the notice of appeal with the clerk of the Appellate Division. This notice must be filed within 45 days of the date of the conviction. If you miss this deadline, you lose your right to appeal.
The appellate process is complex. The facts of your case will usually not be in dispute. Rather, our experienced New Jersey appeals attorneys will have to find an error or misapplication of the law that occurred during your initial trial. Some common grounds for an appeal are listed below.
Improper Denial or Grant of a Pre-Trial Motion
If the court denied a pre-trial motion, such as a motion to exclude evidence, you could appeal your case if the denial was found to be improper and not in accordance with the law. Similarly, you could have grounds for an appeal if the trial judge granted a motion by the prosecution that should have been denied.
You are permitted to file an appeal on the grounds of improperly excluding evidence during the trial. For example, if your defense attorney was denied presenting a key witness who would have corroborated your testimony, you might have grounds for an appeal.
Admission of Evidence
If the prosecution or law enforcement obtain evidence in violation of your constitutional rights, it might have been inadmissible in your case. If your original defense attorney filed a motion to have the evidence excluded that was denied, you might have grounds for an appeal.
Improper Jury Instructions
If the trial judge gave improper instructions to the jury, you might have grounds for an appeal. For instance, if the judge failed to instruct the jury to ignore inadmissible evidence, it could open the door to an appeal.
The prosecution must abide by certain legal standards and regulations. For instance, a prosecutor must inform your defense of the existence of evidence that could help your case. When a prosecutor does not comply with the court rules and rules of professional practice, it could be grounds to file an appeal.
Unreasonable or Excessive Sentence
The 8th Amendment prohibits cruel or unusual punishment. You could have grounds for an appeal if your sentence was unreasonable or excessive.
Post-Conviction Relief in New Jersey
New Jersey also provides the mechanism for overturning a conviction despite the outcome of a motion for a new trial or an appeal. Under New Jersey Court Rule 3:22, an individual is allowed to file for post-conviction relief. Post-conviction relief is not a substitute for other methods. You are also not allowed to challenge a conviction while awaiting the outcome of an appeal or motion.
Your petition for relief must be filed within five years of the date of your murder conviction. There are only four grounds that your petition could be based on. However, you are not permitted to rely on one if you raised it during your appeal or motion for a new trial.
- Your rights under the U.S. Constitution, New Jersey laws, or the New Jersey constitution were substantially denied.
- The court where your conviction was entered lacked jurisdiction over your case.
- You could attack the conviction if grounds exist based on habeas corpus, statutory, or common law.
- An excessive sentence was imposed if one of the other grounds for post-conviction relief exists.
Our New Jersey Attorneys for Wrongful Murder Conviction Appeals Offer Experienced and Aggressive Representation
A murder conviction is a serious matter. If you have been wrongfully convicted, you need a team of aggressive lawyers with the resources and knowledge to fight for your freedom. The New Jersey attorneys for wrongful murder conviction appeals at Young, Marr & Associates bring over thirty years of experience to your battle. Call (609) 257-4019 to discuss your legal options.
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