A guilty verdict isn’t necessarily the end of your criminal case. You may be able to pursue an appeal, and our lawyers can help you navigate the process, no matter how long it takes.
Criminal appeals can take months to years. You have 45 days from the date the verdict was entered to file for an appeal. Preparing the brief for the appeal and waiting for the panel of judges’ decision can both take months. Post-conviction relief (PCR) can also take months, and may be your only option after exhausting direct appeals.
Call our New Jersey criminal defense lawyers at (609) 616-4956 for a free case discussion with the Law Offices of John J. Zarych.
How Long Do Criminal Appeals Take?
From beginning to end, a criminal appeal could take months or even years. Our attorneys can explain what each stage of the appeals process entails, how long each phase generally takes, and the potential outcomes at the end of the process.
Initial Filing
If you were recently convicted of a criminal offense in New Jersey, you most likely have 45 days from the conviction date to file a Notice of Appeal with the court. If you miss the deadline to file for a direct appeal of your conviction, you may still have options, like seeking post-conviction relief.
Preparation Phase
An appeal is not a new trial, but a review of the original trial that led to your conviction. Because of this, our criminal defense lawyers must order transcripts and court records and look for specific mistakes or rights violations that occurred during the trial. Defendants may not present new evidence on appeal; they may only reexamine the evidence that was used to obtain a guilty verdict.
The preparation phase of a criminal appeal is typically the longest stage of the process, often taking many months, depending on how long it takes to get court transcripts. All of our hard work and preparation culminate in an appellate brief that we submit to the court. The court will set a deadline for this appellate brief, which our lawyers can meet or seek an extension of.
Review and Decision
Rather than giving oral arguments in court during your appeal, our lawyers will submit briefs to the judge for review. Oral arguments only happen at the judge’s request if they must ask clarifying questions about the brief or if either the prosecution or defense requests them.
Panels of 2 or 3 judges decide criminal appeals in New Jersey. They will either affirm the initial conviction, reverse it, or order an entirely new trial. It may take appellate judges several weeks to several months to decide on your appeal.
How Long Does Post-Conviction Relief Take in New Jersey?
Seeking post-conviction relief may be the solution if you have exhausted direct appeals or have found new exculpatory evidence that you could not introduce during an appeal to reverse the conviction.
Investigation and Filing
You may have up to 5 years to file for post-conviction relief in New Jersey. There are several exceptions to the 5-year deadline that might reset the clock, and our lawyers can see if any apply to your case, giving you longer to seek post-conviction relief.
While you may have 5 years or more to file for PCR, you shouldn’t necessarily wait that long to start the process if new evidence has been discovered that could vacate the original conviction.
Prosecution’s Response
In general, New Jersey prosecutors have 30 days after being served with a PCR petition to respond. Prosecutors may respond by filing a motion to dismiss a claim, requesting an evidentiary hearing, or agreeing that the petitioner deserves post-conviction relief because of new evidence or other qualifying reason.
Court’s Decision
Ultimately, the decision of whether or not you receive post-conviction relief is up to the judge, not the prosecution. Even if the prosecution agrees that constitutional rights violations occurred, it is ultimately the judge’s decision whether or not to provide post-conviction relief. The judge’s decision could be almost immediate or take several months, depending on the case’s complexity.
Post-conviction relief petitions in New Jersey are often reviewed and decided by the original trial judge.
Prosecution’s PCR Appeal
If the prosecutor disagrees with the judge’s decision to grant you post-conviction relief, whether they vacate the initial judgment, order a new trial, or modify your sentence, they can appeal the judge’s decision, potentially delaying your release and relief even longer. Depending on the judge’s decision, the prosecutor might retry the case, offer a plea deal on lesser charges, or drop the case altogether.
FAQs About Criminal Appeals in New Jersey
How Long Do Most Criminal Appeals Take in New Jersey?
Most criminal appeals take multiple months to complete, with some even taking several years from start to finish.
When Can You File a Motion to Appeal a Criminal Conviction?
Our lawyers can file a motion to appeal a criminal conviction if procedural or evidentiary errors occurred during the original trial, such as a judge’s legal error, ineffective assistance of counsel, prosecutorial misconduct, juror misconduct, or inadmissible evidence.
When Can You Seek Post-Conviction Relief in New Jersey?
We can help you seek post-conviction relief if you have exhausted all direct appeals and still need to address rights violations or procedural errors during an original trial, or new exculpatory evidence has been discovered that wasn’t available during the original trial.
Should You Get a New Lawyer to Handle Your Criminal Appeal?
Our attorneys can help if you need new representation and a fresh perspective to handle your appeal after a criminal conviction. We can get up to speed on your case right away, so we don’t miss the deadline to file an appeal.
Get Our Help Appealing Your Criminal Conviction in New Jersey
Reach our Atlantic City, NJ criminal defense lawyers by calling (609) 616-4956 to schedule your free case evaluation from the Law Offices of John J. Zarych.
