Getting convicted in court can feel like the end of the road—but it’s not. In New Jersey, you have the right to challenge a criminal conviction by filing an appeal. The process is complicated, time-sensitive, and full of rules. But if a legal mistake happened at your trial, the right lawyer can help set it right. Matthew V. Portella, an experienced criminal appeals lawyer, knows how to find those mistakes and fight to get the conviction overturned or reduced.
Lost a Criminal Case in New Jersey? You May Still Have Options
What Is a Criminal Appeal?
An appeal isn’t a new trial. It’s a formal request for a higher court to review what happened in your original case. You’re asking them to look for legal errors—things the judge or prosecutor did wrong that may have affected the outcome.
Some examples of appealable issues include:
-
A judge letting in evidence that should’ve been excluded
-
Prosecutorial misconduct during trial or closing arguments
-
The court denying key defense motions
-
Improper jury instructions
-
Ineffective assistance from your trial lawyer
Appeals focus on the record—what happened in court, not what new evidence you’ve found. It’s a narrow, technical process, but one that can lead to reversals, new trials, or resentencing.
What Happens in the Appeals Process?
First, your lawyer will file a Notice of Appeal, typically within 45 days of sentencing. This deadline is strict. Miss it, and your case may be over.
Next, transcripts from your trial are gathered, and your attorney submits a brief—a written argument pointing out the legal errors and showing how they affected your case. The prosecutor will respond, and sometimes there’s oral argument in front of the appellate judges.
In New Jersey, appeals usually go to the Appellate Division. In rare cases, they may go to the New Jersey Supreme Court.
Why Experience Matters in an Appeal
Appeals are not like trials. You don’t call witnesses. You don’t re-argue the facts. Everything is based on what already happened in court. That’s why having a seasoned criminal appeals lawyer is critical. It’s not just about knowing the law—it’s about knowing where judges make mistakes and how to explain those errors clearly and persuasively.
Matthew V. Portella has spent over 30 years practicing criminal law in New Jersey. He’s worked as both a prosecutor and a defense attorney. He knows how cases go wrong, and he knows how to spot issues that other lawyers might miss. Whether it’s a DUI, drug offense, sex crime, or violent felony, he’s ready to help.
When Should You Appeal a Criminal Case?
Not every conviction should be appealed. But if your rights were violated, or the process was unfair, an appeal might be your best (and only) shot at justice. You should act quickly, though—waiting too long can ruin your chances.
If you believe the court got it wrong, talk to a lawyer immediately. Mr. Portella will review your case, assess the trial record, and give you an honest opinion about whether an appeal makes sense.
Contact the Law Office of Matthew V. Portella today to schedule a confidential consultation and begin building your appeal.
Please call our firm today to schedule a consultation.
FAQs About Criminal Appeals in New Jersey
Can I appeal my case if I pled guilty?
Sometimes. While guilty pleas usually limit your rights to appeal, you may still be able to challenge the sentence or argue that the plea wasn’t entered knowingly or voluntarily.
How long does the appeal process take?
Appeals in New Jersey can take 6 to 18 months or longer, depending on the complexity and the court’s schedule. It’s a slow process, but it can make a big difference.
What if I lost my appeal—can I appeal again?
If the Appellate Division denies your appeal, you may ask the New Jersey Supreme Court to review the decision. But they only take a small number of cases, so you’ll need a strong legal argument.