If you are like most people, you likely believe that when have been charged with a crime or DWI the conviction will haunt you forever. Fortunately, some prior convictions can be overturned, either through an appeal or post-conviction relief. A New Jersey criminal defense attorney or post-conviction relief lawyer is capable of analyzing your conviction in order to determine whether it is possible to clear your criminal record with post- conviction relief.
New Jersey law specifically states that if certain grounds are met, a conviction can be overturned and cleared. The Statute states as follows:
3:22-1. Petition for Relief
Any person convicted of a crime may, pursuant to this rule, file with the criminal division manager’s office of the county in which the conviction took place a petition for post-conviction relief captioned in the action in which the conviction was entered.
A petition for post-conviction relief is cognizable if based upon any of the following grounds:
(a) Substantial denial in the conviction proceedings of defendant’s rights under the Constitution of the United States or the Constitution or laws of the State of New Jersey
(b) Lack of jurisdiction of the court to impose the judgment rendered upon defendant’s conviction
(c) Imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law if raised together with other grounds cognizable under paragraph (a), (b), or (d) of this rule. Otherwise a claim alleging the imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law shall be filed pursuant to R. 3:21-10(b)(5).
(d) Any ground heretofore available as a basis for collateral attack upon a conviction by habeas corpus or any other common-law or statutory remedy.
Post conviction relief could apply to criminal convictions, DWI cases, and traffic matters. Our Robbinsville Post-conviction relief lawyers will investigate the record of your criminal conviction and grand jury hearing to determine whether there were any errors committed by the court, state (prosecution), or defense counsel. Specifically, reversible errors in this sense could include things such as a significant denial of your constitutional rights either under the federal constitution or the constitution of New Jersey; an excessive sentence which did not adhere to the law under which the sentence was imposed; or ineffective assistance of counsel. In the event that there was a reversible error committed, a petition for post conviction relief can and will be filed with the convicting court, attempting to reopen or vacate the matter.
Other potential grounds for post-conviction relief:
- There is new evidence that has been discovered that proves your innocence
- Your trial lawyer did not represent you effectively
- Prosecution witnesses may have recanted their false testimony at your trial
- The prosecution withheld evidence that would have been helpful to your defense at trial
- You did not receive due process or a fair trial or were not advised of your constitutional rights
- Your conviction or sentence was obtained in violation of your constitutional
Once the matter is reopened, our Robbinsville criminal defense lawyers will negotiate with the state, attempting to get a better result than was originally obtained. If a better plea is not available, the Law Offices of Joanna Perilli, LLC can retry the case, seeking dismissal of your criminal conviction or DWI.
Winning a case on appeal requires special skills that few attorneys master. Winning appeals requires a thorough and complete understanding of the law, strong research and writing skills, the ability to develop effective legal strategies and the confidence to persuasively communicate oral and written arguments to the court.
Joanna Perilli, Esq., has represented countless numbers of individuals seeking post- conviction relief and superior or appellate municipal appeals. Our Robbinsville Criminal defense attorneys and Robbinsville Post-conviction relief attorneys can represent you throughout the entire state of New Jersey including the Counties of Burlington, Monmouth, Ocean, Middlesex, Hunterdon, Somerset, Bergen, Passaic, Essex, Union and Hudson.
Our Robbinsville Criminal defense attorneys and Robbinsville Post-conviction relief attorney also handle cases in the following municipalities: Robbinsville, East Windsor, Ewing, Hamilton, Hightstown, Hopewell, Lawrence, Pennington, Princeton Township, Princeton Borough, Trenton, West Windsor; Bordentown, Burlington, Chesterfield, Florence, Hainesport, Mansfield, Mount Laurel, New Hanover, Pemberton, Southampton, Springfield, Westampton, Willingboro, Cherry Hill, Maple Shade; Carteret, Cranbury, East Brunswick, Edison, Metuchen, Monroe, New Brunswick, North Brunswick, Old Bridge, Perth Amboy, South Brunswick, Woodbridge, Sayreville, Plainsboro; West Amwell, East Amwell, Raritan, Flemington, Franklin, Readington, Clinton, Union and More…