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Somerville Appeals Lawyer

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Somerville Appeals Lawyer

Somerville Appeals Attorney

The lawyers of Wronko & Loewen 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. An experienced Somerville appeals & appellate lawyer can help you.

Our criminal defense lawyers have handled well over a 1,000 Appeals.

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.​

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About Us

Established in 1994, the team at Wronko & Loewen has over 170 years of combined experience. 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 both the United States Supreme and the 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.

Types of Appeals & Appellate Cases

Understanding the kinds of appeals that are available to you is the first step when you think the decision made in your legal case is unfair. Of course, not every case is suitable for an appeal, and each type has its own rules and considerations under New Jersey’s appeals & appellate laws. Knowing the distinctions can help you and your attorney build the strongest possible case. Some common appeals & appellate cases include:

  • Civil appeals. These appeals challenge the judgments in contract disputes, personal injury claims, property disputes, and business litigation.
  • Criminal appeals. These appeals request that the conviction be reviewed for sentencing errors or for violations of the defendant’s constitutional rights during the trial process.
  • Family law appeals. These are appeals that involve child custody, support, alimony, or property division.
  • Administrative appeals. These appeals arise in disputes involving decisions made by governmental agencies, boards, or commissions, including licensing or regulatory matters.

With businesses losing $870 annually because of contract disputes, 2% of criminal cases going to trial, and preventable injuries costing $1.2 trillion for treatment in 2023, the team at Wronko & Loewen is able to handle all types of appeals & appellate cases. We carefully review each situation to identify legal errors and create a strategy designed to achieve the most favorable outcome for our clients.

When to Consider an Appeal

Deciding whether to pursue an appeal can be daunting, and not every unfavorable outcome is grounds for review. That’s why filing an appeal needs to be carefully considered by weighing both its legal worth and whether it’s worth it from a strategy standpoint. Understanding when it makes sense to challenge a decision can help you make an informed choice, and some key situations where you might benefit from an appeal include:

  • You could benefit from filing an appeal when a trial court misapplied the law, ignored controlling precedent, or misinterpreted legal standards.
  • You could benefit from filing an appeal when deadlines, evidentiary rulings, or courtroom procedures were mishandled in a way that affected the outcome of your case.
  • You could benefit from filing an appeal when your rights under the state or federal constitution were potentially infringed upon during the trial.
  • You could benefit from filing an appeal when the judgment or sentence appears to be clearly unreasonable or inconsistent with other similar cases.

The team at Wronko & Loewen can help you determine if your case is worth pursuing under New Jersey’s appeals & appellate laws. Our Somerville appeals & appellate attorneys can evaluate the legal and practical aspects of your situation to make sure you make the right decision.

Hire an Appeals & Appellate Lawyer

When it comes to handling appeals & appellate cases, hiring a local attorney who knows the courts, the judges, and the nuances of the procedural practices can make a significant difference to your case.

At Wronko & Loewen, we bring years of experience representing clients in Somerset County, and we understand what it takes to navigate the appellate system. Our team regularly practices in the Somerset County Courthouse, the New Jersey Superior Court, and the Trenton State House. This gives us firsthand knowledge of how these courts operate and what the judges expect.

Why Local Representation Matters

We know that each courthouse has its own rhythm, filing requirements, and local customs. That familiarity allows us to avoid common pitfalls, so when you choose us, you gain more than legal experience. You gain a team that’s deeply connected to the local legal community and committed to advocating for your rights.

By working with Wronko & Loewen, you can rest assured knowing that your appeals & appellate cases are handled efficiently, strategically, and with a level of insight that only comes from being a local law firm.

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.

Jay Mccann

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.

FAQs About Somerville, NJ Appeals Laws

Can I Introduce New Evidence During My Appeal?

You can’t generally introduce new evidence during your appeal. Appeals are designed to review the trial court’s record for legal or procedural errors, not to re-try your case or add new facts. 

However, there are limited exceptions, such as if new evidence becomes available that couldn’t have been discovered before, or if extraordinary circumstances apply. Our Somerville appeals & appellate attorneys can evaluate whether any exceptions might apply and advise you on the most strategic way to proceed.

How Does an Appellate Lawyer Use Legal Precedent Differently Than a Trial Lawyer?

Trial lawyers focus on presenting evidence and witness testimony to convince a jury. Appellate lawyers rely on legal precedent to argue that a lower court misapplied or misused the law. They research previous appellate decisions and craft arguments to show how existing case law supports overturning the decision. Effective use of precedent is critical in appeals & appellate cases, as appellate courts base their rulings on legal interpretation.

Is There a Risk of Having My Case Dismissed if I Appeal?

Yes, there’s a risk of having your case dismissed if you appeal. Procedural errors or filing your appeal past the deadline can result in a dismissal. Courts strictly enforce the rules in appeals & appellate cases, especially when it comes to timing, formatting, and jurisdictional requirements. That’s why working with our Somerville appeals & appellate attorneys is essential. Our team can make sure your appeal meets all requirements.

Can Appeals Involve Negotiating Settlements Instead of Going to Court?

Yes, appeals can involve negotiating settlements instead of going to court, especially in civil cases. Appellate attorneys can advise clients on their settlement options, assess any potential risks, and facilitate discussions with the opposing counsel. Negotiating can save time, expense, and uncertainty, especially if the appellate outcome is unpredictable. Our team can make sure your settlement aligns with your legal goals.

Take the Next Step With Wronko & Loewen

When you’re facing an appeal, every decision matters, and having the right legal team on your side can make all the difference. At Wronko & Loewen, we’re dedicated to guiding you through the process, protecting your rights, and crafting strategies that are tailored to your particular situation. 

From analyzing trial records to preparing persuasive briefs and presenting arguments in court, we handle every detail so you can focus on your future. Contact us today to schedule a consultation.

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As a firm, Wronko & Loewen are committed to providing quality service based on extensive experience in New Jersey’s legal system.

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