Let’s face it. Justice does not always prevail. Remember the O.J. Simpson case or the recent Casey Anthony acquittal? The same holds in New Jersey’s Municipal courts. The Judge doesn’t always get it right. He or she may have had a bad day, been tired, or distracted. In addition,
the judge might have missed key facts or have been biased in favor of the cops or the prosecutor.
If that has been your situation, you have a right to appeal any decision of the Judge. But you have to act immediately. Why, because New Jersey has strict (stringent) time limits to appeal the decision of the Municipal Court.
How Appeals From Municipal Court Are Handled
How does an appeal from a Municipal Court decision work? An appeal is filed with either the Clerk of the New Jersey Superior Court or the New Jersey Appellate Division of Superior Court, depending upon the type of conviction and the status of the Municipal Court Judge.
Sometimes, your attorney can persuade the Municipal Court Judge to stay (hold off) on enforcing the conviction, fine, or penalty. That’s where the skill of an effective New Jersey Municipal Court attorney experienced in New Jersey appeal law comes in. That skill is both substantive, meaning knowledgeable about the law, and interpersonal. If a stay is granted, the Judge may attach reasonable and appropriate conditions. Again, another reason to have a strong advocate by your side.
As previously mentioned, an appeal from the Municipal Court must be filed promptly. That time limit is 20 days after entering judgment. In addition, an appeal must comply with several additional requirements specified in the Court rules; otherwise, it will be dismissed. Following the filing of an appeal, counsel can apply for relief from any jail sentence by posting bail and from any penalty, fine, or costs, upon terms and conditions acceptable to the Appellate Judge. Generally, you will be expected to post a deposit in cash or a bond in an amount required under the Rules of Court.
New Jersey Court Rules outline the progression of your appeal. The Appellate Judge will either uphold the conviction, set it aside, or reverse the decision of the Municipal Court Judge, whereupon your sentence will be discharged, conviction reversed, and all fines and costs paid by you returned to you.
As you can conclude by reading this page, appeals from Municipal Courts are time-sensitive and procedurally detailed. Please think twice before going it alone. If you make a mistake, your rights will be jeopardized.
Contact an experienced New Jersey Municipal Court Appeal Lawyer, Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright at (732) 863-9900 or e-mail him at fniemann@hnlawfirm.com. A member of our office will sit with you and evaluate the merits of taking or not taking an appeal of your New Jersey Municipal Court decision. You’ll find Mr. Niemann and the members of Hanlon Niemann & Wright easy to talk to and confident in their legal advice.
Let’s face it. Justice does not always prevail. Remember the O.J. Simpson case or the recent Casey Anthony acquittal? The same holds in New Jersey’s Municipal courts. The Judge doesn’t always get it right. He or she may have had a bad day, been tired, or distracted. In addition, the judge might have missed key facts or have been biased in favor of the cops or the prosecutor.
If that has been your situation, you have a right to appeal any decision of the Judge. But you have to act immediately. Why, because New Jersey has strict (stringent) time limits to appeal the decision of the Municipal Court.
How Appeals From Municipal Court Are Handled
How does an appeal from a Municipal Court decision work? An appeal is filed with either the Clerk of the New Jersey Superior Court or the New Jersey Appellate Division of Superior Court, depending upon the type of conviction and the status of the Municipal Court Judge.
Sometimes, your attorney can persuade the Municipal Court Judge to stay (hold off) on enforcing the conviction, fine, or penalty. That’s where the skill of an effective New Jersey Municipal Court attorney experienced in New Jersey appeal law comes in. That skill is both substantive, meaning knowledgeable about the law, and interpersonal. If a stay is granted, the Judge may attach reasonable and appropriate conditions. Again, another reason to have a strong advocate by your side.
As previously mentioned, an appeal from the Municipal Court must be filed promptly. That time limit is 20 days after entering judgment. In addition, an appeal must comply with several additional requirements specified in the Court rules; otherwise, it will be dismissed. Following the filing of an appeal, counsel can apply for relief from any jail sentence by posting bail and from any penalty, fine, or costs, upon terms and conditions acceptable to the Appellate Judge. Generally, you will be expected to post a deposit in cash or a bond in an amount required under the Rules of Court.
New Jersey Court Rules outline the progression of your appeal. The Appellate Judge will either uphold the conviction, set it aside, or reverse the decision of the Municipal Court Judge, whereupon your sentence will be discharged, conviction reversed, and all fines and costs paid by you returned to you.
As you can conclude by reading this page, appeals from Municipal Courts are time-sensitive and procedurally detailed. Please think twice before going it alone. If you make a mistake, your rights will be jeopardized.
Contact an experienced New Jersey Municipal Court Appeal Lawyer, Fredrick P. Niemann, Esq. of Hanlon Niemann at (732) 863-9900 or e-mail him at fniemann@hnlawfirm.com. A member of our office will sit with you and evaluate the merits of taking or not taking an appeal of your New Jersey Municipal Court decision. You’ll find Mr. Niemann and the members of Hanlon Niemann & Wright easy to talk to and confident in their legal advice.
Fredrick P. Niemann Esq.