New Jersey Appellate Lawyers
Successful Appeals Attorneys in New Jersey
An unfavorable judgment in a civil or criminal legal matter is frequently not the end of the case. Closely examining the trial record often provides valid grounds to appeal trial court judgments.. But filing a successful appeal in New Jersey can be daunting, as it requires thorough research, a sound understanding of legal processes, and the ability to craft and present succinct and compelling legal arguments.
At Arseneault & Fassett, LLC, New Jersey appellate attorneys have a wide range of experience in civil and criminal appeal matters. We have successfully briefed and argued numerous cases in the U.S. Court of Appeals for the Second Circuit and Third Circuit, as well as in the New Jersey Supreme Court and the New Jersey Appellate Division. We have years of experience, which has honed our skills, knowledge, and the resources to provide the scholarly representation you need throughout the appeal process. Recognizing the effects an unfavorable decision can have on one’s life, we work diligently to seek an optimal outcome on appeal.
BASICS OF AN APPEAL
How Do Appeals Work in New Jersey?
An appeal is a request for a higher court (an appellate court) to review a lower court's (a trial court) judgment. The person seeking the appeal, the appellant, argues that a legal error occurred tainting the final decision, thus seeking an appellate decision/opinion to remedy the injustice.
An appeal is not a new trial. Instead, the appellate court examines the original court record to determine whether any error at trial impacted the outcome. As such, the appellant cannot present new evidence or witnesses.
For an in-depth discussion about the appeals process and your options for challenging the judgment in your case, speak with our New Jersey appellate attorneys. We can explain everything in understandable terms and review options.
What Are the Grounds for an Appeal in New Jersey?
You cannot file an appeal because you are unhappy with the result of your civil or criminal case. You must have a valid legal reason to ask the appellate court to review the matter.
These legal reasons are referred to as grounds and can include, but are not limited to:
- Insufficient evidence
- Mistake of law
- Abuse of discretion
- Ineffective assistance of counsel
- Incorrect jury instructions
- Jury misconduct
- Prosecutor misconduct
At Arseneault & Fassett, LLC, our appeal attorneys in New Jersey will examine and analyze everything that happened at trial to determine whether there is a sound legal basis to appeal.
What Are the Steps to an Appeal in New Jersey?
If you are seeking to appeal a criminal or civil judgment, you must pursue this option within established limited timeframes generally 30 days of the final decision.
Various steps are involved in the appellate process, and they include:
- Filing a notice of appeal to the appropriate court
- Giving the court all necessary paperwork, including a written brief explaining what happened at trial, why relief is being sought, and what remedies are being requested
- Being assigned an argument date
- Presenting oral arguments – note that not all appeals allow oral arguments; some are decided based on the information in the brief alone
- Waiting for a decision from the court
Our New Jersey appellate lawyers will be by your side at every step in the process, letting you know what to expect and delivering sound counsel and guidance.
“Aside from my wife, Jack may very well be the only person in my life that I truly trust”Jack Arseneault might very well be one of the best attorneys in the USA, however, he is by far a much better person than he is an attorney. He has been my attorney for over 25 years and not only has his counseling been amazing, but his care for the well-being of myself and my family has gone and continues to go above what anyone would expect from their attorney. Jack ALWAYS put my needs and my family's needs before his own and advised based on what was best for us as opposed to what would make him the most money. Aside from my wife, Jack may very well be the only person in my life that I truly trust and I am honored and privileged to not only call him my attorney, but more importantly one of my best friends.- Sam
“Big heart and empathetic spirit”- Dominique
Jack Arseneault was a beacon of hope to my family and I at a time when my options appeared limited back in 2011. I pretty much would of been behind bars without a doubt if it wasn’t for him. Not only was he able to defend and clear me of all charges, he made sure my record was cleared. His big heart and empathetic spirit offered us emotional support as well. He went over and beyond for us, he did things he didn’t have to do. He would always make time for me and till this day, he’s just a phone call away. I thank God for bringing him into our lives and I am ETERNALLY grateful for his service. I would recommend him without any hesitation.
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Jack is not only a great lawyer, but a great man. At no point during the extremely stressful process did I feel that Jack did not genuinely care about me. I don’t think that I can adequately write a review that expresses the amount of gratitude that I feel for the work that Jack Arseneault did on my behalf.
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18-Month Sentence $25M Securities Fraud
Outright Dismissal 17-Count State Criminal Indictment
Dismissed Abuse of Process, Tortious Interference, and Civil Conspiracy
Acquittal Billing Fraud
Acquittal Of All Charges Billing Fraud
Settled Breach of Contract