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How to Appeal A Criminal Conviction

 An appeal of a conviction in Superior Court must be filed within 45 days of the entry of the sentence. That does not mean that the paperwork is 'in the mail', it means that the papers are in the hands of the Appellate Division. If the paperwork is not filed within the 45-day time period, you may lose your right to file an appeal. Under very narrow circumstances, the Appellate Division may grant you an extension of 30-days, but unless you can establish a sufficient reason why the paperwork was not filed within the 45-day period, the extension does not have to be granted. In other words, if you really want to pursue this relief, get it filed within the 45-day period.As an experienced criminal defense layer in New Jersey , I have handled (and currently have) several matters pending in the Appellate Division of the New Jersey Superior Court. An appeal is of the legal issues involved in your case, for example to raise an issue about the Court's decision on a Motion; the admissibility of a particular type of evidence; or, the actions of the prosecutor during your trial. If you wanted to raise an issue about your lawyer and how your lawyer handled (or mis-handled) your representation, you would file a post conviction relief (PCR) petition.The two types of relief have different filing deadlines. You cannot pursue both types of relief at the same time. Since an appeal must be filed within 45-days it is typical to file it first and wait to see the outcome, before filing a post conviction relief petition, since it has a 5-year deadline.

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