New Jersey Murder Appeal Lawyers

Experienced Criminal Defense Lawyers Qualified in Appeals Representing Clients Throughout New Jersey

Appealing a murder conviction is serious business, and acts as a pivotal moment in a person’s life. At Team Law, our diligent and resourceful New Jersey Murder Appeal Lawyers are prepared to vigorously defend you in the appeal of your murder conviction. Our attorneys have the experience, skills, and resources necessary to build an effective defense strategy in your case. To learn more about our practice and how we can help, contact us to schedule a free and confidential consultation today.

Appealing A Murder Conviction

If your murder trial did not go favorably, it is important to understand that you, as the defendant, have the ability to appeal a murder conviction. In fact, any criminal conviction can be overturned, and the appeal does not have to start based on the idea that you believed the jury reached the wrong conclusion.

Indeed, the quickest way to lose virtually any appeal is to only argue that the jury’s decision was wrong. Obviously, you believe the jury decision was wrong, and you were convicted, so this element of the jury trial is almost meaningless to the appellate court. Accordingly, the convicted defendant cannot challenge whether a witness told the truth or whether the evidence was incorrect, etc. An appeal allows you to challenge specific legal decisions made by the lower court, which means your attorney must establish that an error occurred during your first trial.

Some of the legal errors you may be able to claim include:

• Statement Suppression: If a motion to suppress a statement you made to a police officer which ultimately hurt your case was made and denied, this may be an issue for appeal. The watershed case Miranda v. Arizona outlines the circumstances in which a jury may be prevented from hearing a defendant’s statement.
• Evidence Suppression: If a motion to suppress evidence was entered by your attorney, and denied, that ruling can potentially be reviewed by an appellate court. Further, if evidence in your case was improperly seized, you may have a Fourth Amendment appeal.
• Insufficient Evidence: If there simply was not enough evidence introduced during the trial to definitively prove your guilt, there may be grounds for appeal.
• Incorrect Evidentiary Rulings: Whether or not certain evidence can be introduced in your case is bound by the Rules of Evidence and prior appellate court decisions…rules and decisions which specify the circumstances under which evidence is admissible.
• Prosecutorial Misconduct: If the prosecutor in your case pulled out all the stops to obtain a conviction against you by any means possible, rather than simply seeking justice, you may have grounds for an appeal. The conduct of a prosecutor before and during a trial are governed by specific rules. If the prosecutor in your murder case broke these rules then appellate relief could be a possibility.
• Excessive Sentence Following Conviction: The lower courts do have some discretion when determining a sentence, however, particularly in a murder case, they do not have absolute discretion.
• Lack of Proper Jury Instructions.
• Legal Definitions of the Elements of Your Crime.

The Appeal Process

If your appeal is successful, your specific claim will dictate the level of relief available. Therefore, if the claim is based on a lack of sufficient evidence, and the appellate court approves, then your conviction may be reversed. Under some circumstances, the prosecution could retry you on the same charges due to the double jeopardy laws. If the claim is an excessive sentence and the appellate court agrees, you may receive a new sentencing hearing, not a new trial. If your claim is based on suppression of statements or evidence, you may receive a new trial.

The first appeal filed following a murder trial is known as a direct appeal, which usually focuses on mistakes of law at the trial level. If the judge in your murder trial made incorrect decisions, or those which violate the law, then your conviction may potentially be overturned, allowing you to be re-tried or allowing your attorney to negotiate a better plea deal.

Depending on the circumstances surrounding your murder conviction, you may be able to appeal to the United States Supreme Court, as well, but usually only if the appeal includes issues surrounding the interpretation of the Constitution and/or constitutional protections given to U.S. citizens. A direct appeal must be filed quickly, within 30 days of your conviction. If you miss this deadline, you may not be allowed to appeal any further, or, in some cases, you could be entitled to file a collateral appeal, which is based on one of the following seven grounds:

• Your legal representation was so ineffective that your guilt or innocence could not have reasonably been determined at trial.
• The sentence for your conviction was more than the state’s legal maximum.
• Evidence, which was not available during your trial, and will help prove your innocence, has been discovered.
• You had a legally valid reason to appeal, yet the government interfered with that ability.
• You were forced to enter a plea of guilty, even though you were innocent.
• Your trial process cannot be trusted because your rights were so grossly violated.
• The court which tried your case did not have proper jurisdiction.

Contact the New Jersey Murder Appeal Lawyers at Team Law Today For A Free Initial Consultation

In New Jersey, appealing your murder conviction requires an experienced and knowledgeable attorney advocating on your behalf. At Team Law, our New Jersey Murder Appeal Lawyers are ready and willing to take on your murder appeal case, while assertively advocating on your behalf. Our legal team takes these matters with the importance and respect you deserve. We are here to support you, and will fight for your rights and interests. Contact Team Law for a free and confidential consultation.