Criminal Appeals in New Jersey

If you've been convicted of a crime or believe that errors were made during your trial, you may have the right to appeal. The appeals process allows a higher court to review the lower court's proceedings for legal errors that may have affected the outcome of your case.

Nicholas A. Moschella, Jr. handles criminal appeals at both the Appellate Division and Supreme Court levels, fighting to overturn unjust convictions and sentences.

Grounds for Appeal

• Legal errors — Incorrect jury instructions, improper admission or exclusion of evidence
• Constitutional violations — Violation of your rights during investigation, arrest, or trial
• Ineffective assistance of counsel — Your trial attorney failed to provide adequate representation
• Prosecutorial misconduct — The prosecutor engaged in improper conduct
• Sentencing errors — The sentence imposed was illegal or excessive

The Appeals Process

Filing an appeal is time-sensitive. In New Jersey, you generally have 45 days from the date of judgment to file a Notice of Appeal. The process involves reviewing trial transcripts, identifying legal errors, drafting appellate briefs, and potentially presenting oral arguments before the appellate court.

Criminal Appeals From Middlesex County Courts

Appeals from Middlesex County Superior Court convictions are heard by the Appellate Division in the New Jersey Superior Court system. Whether your case originated in a municipal court in Edison, Woodbridge, or New Brunswick, or from the Middlesex County Superior Court, Mr. Moschella has the appellate experience to challenge convictions and fight for a better outcome.