Criminal Appeals

New Jersey Criminal Appeal Lawyers

New Jersey Criminal Appeal Lawyers

You’ve been convicted of a crime in Superior Court or for a Municipal Court offense. Something went wrong at the trial court that makes you believe that your conviction should be overturned. Did the judge make a mistake in how the trial was conducted? Was there a mistake in the jury instructions? Was the evidence insufficient? Did you enter a guilty plea based on incorrect information provided by your attorney? Your chances for overturning that conviction will be significantly enhanced with experienced Appellate and Post-Conviction Relief (PCR) lawyers. The attorneys at Schwartz & Posnock have handled appeals of convictions in the federal, state and municipal courts throughout New Jersey, as well as PCRs in the NJ state and municipal courts.  

Handling an appeal or PCR requires different skills and strategic considerations than trial practice. In an appeal or PCR, the focus is no longer on examining witnesses and making arguments at trial. In these proceedings, success depends on legal issues that a skilled appellate/PCR advocate can identify from the trial record, and, in the case of a PCR, from outside witnesses and sources. Effective advocacy demands a formulation of the issues that is focused on what is important to the judges deciding the case. 

 An appellate lawyer conducts thorough legal research; analyzes the legal issues in light of the trial record; and then presents the facts and those issues and arguments selected for appeal concisely in a persuasive appellate brief. Likewise, a PCR lawyer must consider the record of the case, as well as outside evidence, often relating to the actions of prior counsel.

How Can We Help You

Excellent Writing Skills are Essential to Effective Appellate or PCR Practice              

A well-written brief is critical to success. In fact, appellate and PCR briefs are subject to intense scrutiny by the judges who will decide the case. As one appellate court explained, appellate work is “not the recycling of trial briefs” but instead “entails rigorous original work in its own right” and “offers counsel probably their best opportunity to craft work of original, professional, and, on occasion, literary value.” 

Experienced appellate and PCR advocates have emphasized the importance of winnowing out weaker arguments and focusing on one central issue if possible, or at most on a few key issues. Selecting the most promising issues for review has assumed a greater importance in an era when the time for oral argument is strictly limited in most courts and when page limits on briefs are widely imposed. 

What We Do to Make Sure Your Rights Are Preserved 

First, we will make sure that you meet all deadlines for filing your appeal or PCR. Thereafter, we will carefully interview you and review the transcript of your trial or guilty plea. If you are pursuing a PCR, we will obtain your legal files and interview essential witnesses. Our more than  35 years of criminal defense experience helps us to narrow the issues in your appeal or PCR matter, and our superior legal research and writing abilities will further advance your cause. 

We have appeared before the New Jersey Appellate Courts and the US Court of Appeals on many occasions, and have participated in important cases creating new law, such as State of New Jersey v. Alex Grant, in which our  client’s indictment for murder was dismissed by the New Jersey Appellate Division, and State of New Jersey v. Shannon Whooley, the first New Jersey Appellate Division decision to address consolidation of Municipal Court cases occurring in separate jurisdictions for the purpose of obtaining a diversion program. Our successful representation of our clients in these matters have been cited in numerous legal cases.  

You can be assured that if you hire Schwartz & Posnock as your appellate or post-conviction relief counsel, no stone will be left unturned in the pursuit of justice.

Mr. Schwartz represented me in a domestic violence case. His cross-examination of the “victim” shows that she was a total liar. The judge dismissed the case against me. David did a fine job for me. I recommend him to anyone.

Eric

Have You Been Charged with a Crime?

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Give Us A Call

(732) 544-1460

 

How Can We Help You

Mr. Schwartz represented me in a domestic violence case. His cross-examination of the “victim” shows that she was a total liar. The judge dismissed the case against me. David did a fine job for me. I recommend him to anyone.

Eric

Have You Been Charged with a Crime?

______

Give Us A Call

(732) 544-1460

 

With Over 35 Years of Experience