The lawyers of Wronko Loewen Benucci have extensive experience with appeals throughout the New Jersey and United States court system. We have appeared as appellate counsel or co-counsel in the trial court to identify issues ripe for appeal and preserve objections for appeal, monitored trials, and advised trial counsel and clients on strategies to preserve and perfect potential appellate issues.
We advise counsel and clients on every step of the appeals process, from talking through the merits of filing an appeal to presenting appeals in an oral argument. Along the way we develop meritorious issues on appeal, draft all appellate papers in conformance with appellate rules, engage in motion practice in the appellate court, appraise draft appellate briefs, and refine legal arguments.
Our lawyers have had over 45 of their cases result in published opinions by the United States Supreme Court, the New Jersey Supreme Court and the New Jersey Appellate Division and Superior Court. One of our attorneys, Gilbert G. Miller has appeared before the United States and New Jersey Supreme Courts, New Jersey Appellate Division, and Federal Circuit Courts of Appeal. Miller submitted a legal brief in a landmark criminal search and seizure case, State of New Jersey v. Eckel, to the New Jersey Supreme Court.
Who Can Appeal?
No matter your case, if you lost a jury trial, you have the absolute right to appeal any final New Jersey trial court judgment to the next highest court. Our experienced New Jersey appeals lawyers can help you decide whether an appeal has a good chance of success and would be worth the stress and money involved.
Can New Evidence Be Submitted?
Generally, appeals process rules do not allow new evidence to be submitted to the appeals court. The court will decide the appeal based on “the record” (evidence submitted to the trial court) presented before the trial court. In very unusual circumstances, our attorneys can file a motion to supplement the record with added material.
Does an Appeal Postpone a Judgment?
An appeal does not automatically stay (i.e. suspend) a Defendant’s obligation to pay a money judgment or the imposition of a sentence or fines. In order to suspend the obligation, a motion for a stay pending appeal must be made in the Trial Court, or if denied, the Appellate Division.
What Are My Chances on Appeal?
There is no way to predict the numerical odds for success in an appeal. Each case is unique and must be carefully and painstakingly combed through by experienced and competent New Jersey appeals lawyers to review for defects.