Post Conviction

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.

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.

3:22-2. Grounds

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
  <rights< li=””>
  </rights<>

 

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…