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Cedric
Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2899
Experience:  Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
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In the state of NJ, what is the procedue for filing an appeal

Customer Question

In the state of NJ, what is the procedue for filing an appeal from jail?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Cedric replied 7 years ago.
You can request a Public Defender or a Court Appointed Attorney. Your first one should have told you how to do so; if not you may look up a Criminal Attorney who does appellate work and you will hopefully get a good one.

But just so you know, they normally won't make any sentence modifications at the appeals phase. The only thing your appelllate lawyer may argue is that ther was either prosecutorial misconduct, or more likely that the law that was applied by the trial court judge was clearly erroneous, or there was another procedural defect in the trial, such as an unmirandized confession being admitted or supressed evidence being referred to. You can do the hiring though. That's how it works when people are in jail, and then hopefully the jail has a special attorney room where (we) can visit our clients, and they will let them sign contracts normally.

Is he in county jail currently or a state facility?
Cedric and other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
Right now he is in Monmouth County waiting to be transferred to CRAF and then will be moved to a state facility. I forgot to mention that this was a plea bargain they decided not to go to trial because they were facing 10-12 years if found guilty and didn't want to take the chance.
Expert:  Cedric replied 7 years ago.
Sorry, my long paragraph I prepared with more about the below was just erased. basically, thank you for accepting the payment. I will look into finding a non-profit or the public defender appellate or alternative defender to see what I can do. Unfortunately, it may be past the statute of limitaitons at this point. Do you know when he accepted the plea?

And thanks again for the prior acceptance!
Expert:  Cedric replied 7 years ago.
That's quite unforutnate, since it makes it very difficult to get his conviction overturned since in addition to proving that he did not enter plea intelligently and knowledgably, he has to allege that he failed to do so because of ineffective assistance of counsel rendered by his trial attorney. Unfortunately, it's been quite amazing to be to see what some judges have held to not be unconscionable, but he'd actually be appealing his plea technically, not the case, since no verdict was ever rendnered by the judge after trial, so the plea bargain is challenged in lieu of the trial. I'll see if I can you some NJ specific knowledge on this (now) and get back to you shortly. And thank you for the payment!
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Expert:  Cedric replied 7 years ago.
Thanks again; but come back here for more info shortly.
Expert:  Cedric replied 7 years ago.
I'll get some info to you tonight. One big question that matters--how long has it been since he entered the plea?
Customer: replied 7 years ago.

They were sentenced on January 2009. The pleas were entered in September 2008. Thank you very much. I appreciate any help that you can give me. If my husband and brother in law were to write letters to the judge, would that help? Due to the economy, my sister in law and I are experiencing much hardship. We unfortunately don't run our husband's businesses as effectively as our husbands did and we are in danger of losing everything.

Expert:  Cedric replied 7 years ago.
I'm sorry, but it amkes it really unlikely that they'll be able to appeal at this point. The normal deadline is 30 days for filing a notice of appeal or challenging a plea and it's been about 6 months now, so it'll probably be dismissed. His other resorts are a pretition for heaus corpurs or a setnence modifciation to see if any judge will be more compassionated toward him and his circustamcnes. Sorry.


Court Rule 3:21-1. Withdrawal of Plea

A motion to withdraw a plea of guilty or non vult shall be made before sentencing, but the court may permit it to be made thereafter to correct a manifest injustice.


Rule 3:21-3. Diagnostic center report



Whenever the defendant is convicted of an offense enumerated in N.J.S.A 2C:47-1 et seq., the court, before imposing sentence or making disposition of the offender under the provisions of said chapter, shall furnish to the prosecutor, defendant or defendant's attorney a copy of the report of the Diagnostic Center, shall advise defendant of the opportunity to be heard thereon, and shall afford the defendant such hearing. The report of the Diagnostic Center shall be confidential unless otherwise provided by rule, statute or court order.

Rule 3:21-3. Diagnostic center report



Whenever the defendant is convicted of an offense enumerated in N.J.S.A 2C:47-1 et seq., the court, before imposing sentence or making disposition of the offender under the provisions of said chapter, shall furnish to the prosecutor, defendant or defendant's attorney a copy of the report of the Diagnostic Center, shall advise defendant of the opportunity to be heard thereon, and shall afford the defendant such hearing. The report of the Diagnostic Center shall be confidential unless otherwise provided by rule, statute or court order.

Expert:  Cedric replied 7 years ago.

Rule 3:22-11. Determination; findings and conclusions; judgment; supplementary orders



In making final determination upon a petition, either on motion for dismissal or after hearing, the court shall state separately its findings of fact and conclusions of law, and shall enter a judgment, which shall include an appropriate order or direction with respect to the judgment or sentence in the conviction proceedings and any appropriate provisions as to rearraignment, retrial, custody, bail, discharge, correction of sentence, or as may otherwise be required.


I was going to atttach some more law too, but it's not working with my computer now. If he qualifies for a NJ PD, I would reccomend contracting one too.

Also, your husband would need a very good excuse for why he waited 6 months to try to appeal his sentece (which to be honeset and relatively cynical--after dealing with criminal law In Orange County, it's hard not to be), that sentence wasn't too bad, he should just be getting more credits
Expert:  Cedric replied 7 years ago.

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