Postconviction Remedies

Pursuing Your Rights After Conviction in New Jersey

nj pretrial intervention

Say what you want about our criminal justice system, but there’s no denying that one of its strengths is its interest in protecting the legal and constitutional rights of individuals, even after conviction of a crime. There are many opportunities to improve your position after a conviction. To learn how an experienced criminal defense attorney can help you pursue your rights to postconviction remedies, contact the Law Offices of Jonathan F. Marshall in Shrewsbury, New Brunswick, or four other New Jersey locations.

We provide statewide client service in postconviction motions and petitions

Some errors at trial can be corrected shortly after conviction and sentencing, but the deadlines are tight and the eligibility standards can vary depending on the remedies you’re seeking. We can advise you about the likelihood of winning a motion for a new trial, motion to vacate the sentence, or other postconviction remedies that the trial judge can grant.

Our lawyers can even help you after your direct appeal rights are exhausted

For some people serving sentences, their best chance for relief from a conviction or sentence will arise after the direct appeal process has run its course. In other words, you file an appeal of your conviction with the New Jersey Court of Appeals. If the appeal is unsuccessful, and a petition for further review of your case is denied in the New Jersey Supreme Court, we can advise you about your rights under the postconviction relief system leading to a federal habeas corpus petition. This remedy is designed to correct constitutional problems with your case that don’t necessarily fall within the trial record.

For certain people whose conviction and sentence only involves sanctions such as restitution or probation, postconviction remedies might nevertheless be necessary to clear up or avoid problems indirectly related to the conviction, as in the case of foreign nationals whose visa or immigration status is endangered by the criminal problem.

To learn more about the scope of our statewide postconviction remedies practice, contact a criminal defense attorney at the Law Offices of Jonathan F. Marshall.