What Is The Defendant’s Right To Appeal?

At the time of sentencing, the court must advise the defendant of their right to appeal, and, if the defendant is indigent, of their right to appeal as an indigent. R. 3:21-4(g). A sentence of imprisonment is not stayed by an appeal or by notice of a petition for certification, unlike a sentence of a fine and/or probation, which the court may stay. R.2:9-3(b); R.2:9-3(c). However, if the court sentences the defendant to a sentence appropriate to a crime one degree lower than the crime for which the defendant was convicted, pursuant to N.J.S.A. 2C:44-1f(2), and the State appeals, execution of the sentence is stayed. R.2:9-4, if it appears that the case involves a substantial question that the appellate court should determine, and the safety of any portion of the community is not compromised if the defendant remains at large. An application for bail pending appeal should be initially made to the trial court, and if denied, to the Appellate Division; if denied again, it should be submitted to the Supreme Court. R. 2:9-4.

If you or a family member would like to appeal a final judgment in criminal court, it is critical that you speak with an experienced criminal defense attorney in New Jersey as soon as possible. The lawyers at Aiello, Harris, Abate have the experience and knowledge to protect your rights and defend you against criminal charges