subject: Basic Points Of The New Jersey Appeals Process That You Ought To Know [print this page] If you have faced an adverse judgment in a criminal matter heard in Superior Court in the State of New Jersey (NJ), depending on the circumstances, you may want to appeal that judgement to a higher court. The law does grant you this right, but there are certain important points to take note of before you actually get a NJ Appeals attorney to a challenge your conviction.
1.The first appeal is made to the Appellate Division of the Superior Court. The Appellate Division hears the appeals from the trial courts, the Tax Courts and Administrative Agencies of the State. It is to be noted that the appeals to this court lie only after the final judgments have been delivered by the lower courts or administrative agencies. However, the Appellate Division can also hear appeals from interim orders of a trial court so long as one has been granted leave to file such an appeal. However, while appeals against the final judgment can be heard as a matter of right, interim orders are not heard as a matter of right.
2.If the Appellate Division is New Jerseys intermediate court, then the Supreme Court of New Jersey is the highest appeals court in the state. It will hear an appeal only if the Appellate Division has adjudicated the first appeal. The Court is comprised of a chief justice and 6 associate justices.
3.After conviction, it is important to act promptly in filing your appeal. If you have been convicted by a Municipal Court, you must appeal within 20 days from the date of sentencing. This time limit can be extended for a period of 30 days if you can give a good reason for not being able to meet the stipulated deadline. If you are convicted by Superior Court, you are given a 45 days deadline from the date of sentencing to appeal to the Appellate Division. Since the deadlines are rarely extended, it is important to file the appeals timely.
4.In the appeals process, the burden of proof that the lower court has erred in its judgement lies with the individual appealing the case. Generally, your NJ Appeals Attorney must present evidence that the lower court made a mistake of law; a case could also be overturned for a mistake of fact, though this is a very challenging argument to make. Nevertheless, these two points are pivotal for making the appeals admissible in higher courts.
