The Law Firm of Randolph H. Wolf has over a quarter of a century of experience in representing defendants on Criminal and Civil Appeals. We have submitted the winning briefs in numerous published opinions and Randolph Wolf has personally argued before the New Jersey Supreme Court and New Jersey Appellate Division. Mr. Wolf is also admitted to practice before the United States Third Circuit Court of Appeals and has submitted several briefs to that court.
Our Appellate practice is divided up into three areas: Municipal Appeals, Criminal Appeals, and Civil Appeals.
Municipal Appeals
A Municipal Appeal is an appeal taken from a municipal court finding of guilty at trial, from the denial of a suppression motion, or from an unfair sentence imposed by a municipal court. There is a strict time limit on the filing of such an appeal. If it is not filed within 20 calendar days of the Court’s decision then it will not be accepted for filing. This time period cannot be enlarged. The appeal is filed with the Superior Court, Law Division, in the County in which the matter was heard with appropriate copies being served upon the Municipal Court and Prosecutor. A complete description of the appeal process is found in New Jersey Court Rule 3:23. Along with the filing of the appeal, it is required that the defendant’s attorney order a transcript of the Municipal Court proceedings. The appeal is heard by a Superior Court Judge assigned to the Criminal Division.
If the defendant is incarcerated or has had his or her license suspended by the Municipal Court, the sentence may be stayed by the Court pending the outcome of the appeal. The appeal is heard on the basis of the record below (which consists of the transcript as well as any documents or items marked into evidence). Under some circumstances a motion may be made to supplement the record, especially in regards to sentencing. The Appellate attorney prepares and files a Brief with the Superior Court that references the transcript below and explains to the Court, the basis for the legal argument that the defendant is either not guilty or that the sentence below was too severe. A court appearance is required, although generally no new testimony is taken.
If you have been wrongfully convicted of a DWI/DUI, Driving While Suspended, or any Drug Offense of Criminal charge in a Municipal Court, or you have received an unfair sentence, call us immediately. Please remember that unless the appeal is filed within 20 days of your conviction, it will be too late to appeal. As preparing an appeal is a complicated process, please do not leave this until the last minute. If you are going to contact us to file an appeal for you, it is best if you do it immediately after your conviction so we can explore your options with you.
Criminal Appeals
A Criminal Appeal from a Superior Court Law Division conviction is filed in the Superior Court, Appellate Division. It is generally heard by a panel of two to three Judges. A Criminal Appeal is a complicated and difficult procedure. The appeal must be filed in the Appellate Division within 45 days of the conviction. Transcripts must be requested from the Trial Court. Unlike a Municipal Appeal where the Judge hearing the appeal makes new findings of facts, an appeal to the Appellate Division generally argues that the Judge who sat on the case below, made some legal error in ruling on a motion, the admissibility of evidence, the denial of a suppression motion, in charging the jury, or in the sentencing of the defendant. The Appellate attorney must obtain the transcript and prepare a Brief citing legal precedent as to why the Trial Court was in error in its rulings. The defendant may request that the case be argued orally before the Appellate Judges or may waive oral argument and have the case decided on th Briefs submitted. The Appellate Division will issue a written opinion deciding the case.
As there are strict time limits for filing a Criminal Appeal, we urge you to contact us immediately upon your conviction, if you wish to appeal your conviction or sentence.
Civil Appeals
An appeal from a Judge’s decision or a Jury Verdict in a civil case must be filed within 45 days. Like a Criminal Appeal, the Appellate Division in a civil case does not make new findings of fact, but, decides the case based upon legal arguments drawn from the transcript of the trial below. In a civil case, if an appellant wishes to argue that the findings of a Jury were against the weight of the credible evidence, then a motion for a new trial must be made within 10 days of the decision, or that issue will not be permitted to be raised on appeal.
Once again, due to the strict time limits on the filing of a civil appeal, we ask that you contact us immediately by calling (732) 741-4448 if you wish to pursue such a appeal.