Freehold Court Appeals
With two municipal courts and the Monmouth County Superior Court located in Freehold, there are a lot of appeals filed in Freehold. While no appeals are heard in the municipal courts, they add to the volume of other municipal court decisions that are sent to the Superior Court. Any municipal court appeal in Monmouth County will be heard in Superior Court – Criminal Part. A conviction from the Monmouth County Superior Court will be heard by the Appellate Division, which has parts scattered around the State of New Jersey. Call to speak with a Freehold Appeal Lawyer.
Freehold Appeals Court Lawyer
The Monmouth County Superior Court has jurisdiction over municipal court appeals filed from any municipal court in Monmouth County. These include appeals from convictions in the municipal courts. You have the right to appeal a traffic ticket, appeal DWI, and appeal a criminal conviction from a municipal court in Monmouth County. However, you must do so within 20 days from the date of conviction.
The first step is to file your Notice of Appeal. This must be filed along with a transcript request to the Municipal Court. We always serve a copy on the municipal prosecutor, the county prosecutor and the superior court. Getting your appeal filed on time and serving appropriate parties is crucial to even getting the chance to argue your appeal. After we receive the transcripts from your trial and the date for our hearing, we will prepare a legal brief and our presentation at the appeal hearing.
A municipal court appeal is basically a new trial based on the record below. The court will not generally hear new evidence. However, for various reasons, you often have a better shot at winning a municipal court case on appeal than on trial in a local municipal court. The important thing is to consult with an experienced appellate attorney to devise an action plan and ensure that your rights are protected.
Appeals from the Superior Court – Law Division are to the Superior Court – Appellate Division. The Appellate Division may not take action on a case until it has obtained jurisdiction. With very limited exceptions, the Appellate Division does not have jurisdiction over a case unless a timely notice of appeal or motion for leave to appeal is filed. Call to speak with a appeal lawyer to learn more about the NJ appeal process.
