If you’ve been convicted of a crime in New Jersey and a judge has issued your sentence, you may still have a few opportunities to have the case reconsidered in court. Most judicial decisions can be appealed, but a thorough knowledge and understanding of the appeals process is necessary to know what your options are.
First, it’s important to note that in most instances New Jersey appellate courts do not issue a determination on a person’s guilt or innocence. Instead, appellate courts take a look at everything that went on at the trial level, including the evidence, testimony, and court records, and review this information to ensure that the case was handled properly by the lower courts.
Rules about Evidence
In accordance with New Jersey’s court rules, materials offered as evidence at trial will be admitted or barred by the trial judge. Evidence may be submitted by both sides, the prosecution and the defense, and each piece is submitted in support of that side’s case—basically, whether the defendant is guilty or innocent. The prosecution can object to evidence presented by the defense, and the defense can do the same with the prosecution’s evidence, but it is the judge who has the final say.
If you appeal a conviction, the appellate court will consider any challenges you raise to the State’s evidence. The court will examine what was admitted into evidence and determine whether these decisions were correct.
Clear Your Name
A criminal record will follow you long after your matter has been resolved and your jail sentence has been served. It can impact the jobs you have, where you live, and the life you lead. For these reasons, it’s critical that all aspects of your trial are handled fairly and according to the law, and if they are not, it’s even more important that you take action.
If you have been convicted of a crime and you are currently serving a jail sentence, paying fines, or suffering the consequences of this conviction and you feel that your case deserves a closer look, it might be in your best interest to consider the state’s appellate process. For a consultation on your case, call Scott Gorman, a Morristown expungement attorney at The Gorman Law Firm, today. He can help you file an appeal, and work towards clearing your name and your record.
Published in Categories: Expungment
