New Jersey Appellate Review Lawyer

Commencing the Appeal

Appellate work is very time-sensitive, and every task relating to the appeal must be accomplished within a time frame set either by the appellate rules or an order of the appellate court. This basic principle holds true from the very beginning of the appellate process, since the failure to commence an appeal within the applicable time frame can result in the loss of the right to appeal.

In New Jersey, a defendant has 45 days from the date of his or her sentencing to seek appellate review of a Superior Court conviction, and 20 days from the date of sentencing to seek review of a municipal court conviction. The defendant may be able to obtain a 30-day extension if he or she has a good reason for not complying with the initial deadline to appeal from a conviction of the Superior Court.

However, filing deadlines vary from one jurisdiction to another. Every state court system has its own deadlines for commencing an appeal. In New York State, a defendant has 30 days to seek appellate review. In the federal system, a defendant has 10 days to seek appellate review. Therefore, it is important to know the filing deadlines in the jurisdiction at issue.

Generally speaking, appeals are commenced when the defendant provides the court with notice of a desire to seek appellate review. This is usually accomplished by filing a document (typically called a “Notice of Appeal”) with the clerk of the court. Some courts will require other documents to be filed with the Notice of Appeal in order to commence the appeal. Every document filed with the court must also be served upon the other parties to the appeal. Every jurisdiction has appellate rules that spell out the applicable time frames and related requirements. There is no substitution for familiarity with these rules.

Contact a New York City and New Jersey Appellate Review Attorney

To learn more about appealing federal or state criminal convictions in New Jersey or New York City, contact appellate lawyer James S. Friedman. Call 866-484-1906 (toll free).