Post-Conviction Relief Options in New Jersey
After a defendant has been convicted of a criminal offense, he or she still has issues to navigate with the legal system of New Jersey. Post-conviction relief options are a concern that has to be addressed.
Following a conviction, mistakes made at trial can be fixed after the proceedings are over and the defendant has been convicted. This must be done in a timely fashion and there are eligibility requirements that vary depending on what kind of resolution the person seeks. Based on the errors made, the conviction may be vacated or a mistrial can be declared giving the defendant an opportunity to have a new trial. With a mistrial or a vacated conviction, a new chance is presented to the defendant to perhaps receive a better outcome in the next trial. Depending on the severity of the crime, the prosecution may be willing to discuss a plea bargain to avoid a new trial entirely.
In any event, being convicted of a crime doesn’t strip a person of his or her rights under the Constitution of the United States or under the law in the State of New Jersey, regardless of the crime and the fact that the person was convicted.
What are Examples of Post-Conviction Relief?
The following are examples of reasons for post-conviction relief:
- If the defendant’s rights are found to have been violated under the laws of the State of New Jersey or the Constitution of the United States
- The court exceeded its jurisdiction in imposing the judgment following the conviction of the defendant
- The sentence exceeded or was not in accordance with what is applicable by New Jersey law
- There are grounds for a collateral attack on the conviction via habeas corpus or other legal remedies
Filing an Appeals Process and Other Issues
In most cases, the appeals process is the best way to go. Following a conviction of a crime in a New Jersey court, the defendant has a right to appeal the conviction. This is done through the New Jersey Appellate Division of the Superior Court. If the appeal is denied, the defendant has the right to apply for a hearing from the Supreme Court of New Jersey. The Supreme Court may accept or deny hearing the appeal. If they agree to hear it, they may not overturn the ruling. If they refuse to hear the case or deny the appeal, there are other post-conviction relief options available such as the filing of a habeas corpus petition.
Even individuals who have been convicted and received probation or a fine can use help with the post-conviction relief process. A conviction without jail time is still a conviction and there might be issues such as restitution to a possible victim that must be handled. Other issues can be at play if the person is from a foreign country and has visa or immigration concerns that will be affected by the criminal prosecution and conviction.
Contact an Experienced Post-Conviction Relief Lawyer from Villani & DeLuca
If you or a loved one have been convicted of a criminal offense in New Jersey and are seeking legal advice as to what you should do next in the post-conviction process, the lawyers at the law firm of Villani & DeLuca in Point Pleasant Beach, New Jersey are here to answer your questions and help you.
Being convicted of a crime is a stressful occurrence in one’s life and there is much to account for and worry about, but that doesn’t mean you or your loved one’s life is over. The post-conviction process is important in moving forward whether the conviction resulted in incarceration, probation, a fine or anything else. Don’t ignore post-conviction relief options because they may be imperative to your future. Your circumstances can be improved following a conviction, but you must have the proper legal advice from a qualified attorney knowledgeable in New Jersey law.
The attorneys at Villani & DeLuca are available to New Jersey residents from Brick, Long Branch, or any Monmouth County or Ocean County town. With experienced lawyers able to navigate the legal process and assist you in finding the best possible results, even after a conviction, Villani & DeLuca is here for you. Call today to discuss your case and examine your options for post-conviction relief.
