Appeals - New Jersey Appeals Lawyers

Appeals - New Jersey Appe…

A person or entity who receives an unfavorable ruling at the trial level may seek relief from such a ruling by filing an appeal. In the state courts of New Jersey, litigants have the right to file an appeal from a final judgment with the Appellate Division of the Superior Court. Appeals may also be taken from interlocutory rulings, which are rulings that occur prior to the conclusion of a case at the trial or hearing level. The hearing of interlocutory appeals is disfavored in New Jersey, but the Appellate Division may agree to consider them under exceptional circumstances.

In deciding whether or not to pursue an appeal in state or federal court, a litigant should carefully consider the costs and benefits. An appeals lawyer can guide you through this deliberation. When done correctly, the preparation of an appeal is a time consuming process that requires close attention to detail. New Jersey appeals lawyers must carefully review and analyze the record of the initial proceedings to identify issues for appeal prior to drafting a brief to submit to an appellate court.

Issues that May Justify Filing an Appeal

Finding and developing promising issues for appeal typically includes the examination of the transcripts, evidence and briefs submitted to the court or tribunal that presided over the initial proceedings, along with any decision, orders or judgments entered by that trial court. By way of example, some issues that may justify the filing of an appeal include:

  • Incorrect or erroneous interpretation of the law by the judge
  • Prejudicial or unfair admission of evidence by the judge
  • Challenges to the sufficiency of the evidence presented to the court or jury
  • Procedural errors or mistakes by the judge
  • Prejudicial or incorrect jury instructions by the judge

A person who is contemplating the filing of an appeal must also act quickly. Both New Jersey and federal court rules require that appellate proceedings be initiated shortly after the decision from which the appeal is being taken.

New Jersey and Federal Criminal Appeals

The firm also has substantial experience with appeals in connection with both federal and state cases. When you or a loved one has been convicted at trial and are considering an appeal, it is critical to have an attorney familiar with the appellate process review the trial record. If the judge, prosecutor, or defense counsel made errors or engaged in unfair or inappropriate behavior, or if other procedural or substantive errors occurred at the trial level, viable issues for appeal may exist. An experienced criminal appellate attorney can review the record at the trial level and assist you in determining whether it is worth pursuing an appeal. When the record warrants it, the firm crafts appellate arguments in an optimal fashion for presentation to appellate judges.

Our Appellate Experience

The appeals lawyers of the Law Office of Bart J. Klein are adept at pursuing appeals from adverse trial court rulings and defending favorable lower court outcomes on appeal. Our New Jersey appellate attorneys have substantial experience in writing briefs that articulate arguments in an optimal fashion for consideration by appellate judges. The experience of our attorneys include the following published cases:

  • Vas v. Roberts, 418 N.J. Super. 509 (App. Div. 2011)
  • State v. Agathis, 424 N.J. Super. 16 (App. Div. 2012)
  • United States v. Salahuddin, 765 F.3d 329 (3rd Cir. 2014)
  • State v. T.J.M., A-76072419 (Decided January 13, 2015)
  • State v. Sumulikoski, Docket No. A-3/4-13 (Decided March 18, 2015)

Consulting with New Jersey Appeals Lawyers About Pursuing an Appeal

If you are considering pursuing an appeal from a ruling in a civil, criminal, administrative or other proceeding in New Jersey state or federal court, the appeals lawyers at the Law Office of Bart J. Klein can help you determine whether it is advisable to proceed, and if so, the best approach to take. We welcome you to contact us at (973) 763-6060, info@bartjkleinlaw.com, or by completing our online contact form.

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