Individual Legal Services

Once someone is sentenced to State Prison it is the State Parole Board, not a judge or jury that decides when that person will be released on parole. Furthermore, once parole is granted, strict supervision rules are imposed. Any violation of these rules is often met with re-arrest and return to State Prison to serve the remainder of the unserved portion of the sentence. The Parole Board plays a vital role in affecting individual rights and liberties.

The Parole Board does not, however, operate in a legal vacuum. Its decisions must comply with administrative regulations as well as certain constitutional principles. The Parole Board is not beyond the scrutiny of the Courts.

Our experienced team can help even the playing field.

Appeal from Denial of Parole

Nothing can be more devastating than the denial of parole after serving substantial time in prison. Few realize that administrative regulations provide an avenue by which this decision can be appealed. In addition, beyond an administrative appeal, an appeal can be litigated before the Appellate Division of the New Jersey Superior Court.

Violations of Parole

The filing of a parole violation by a parole officer results in the issuance of an arrest warrant for the parolee. Once arrested, the parolee is detained without bail.

All is not lost. The administrative code provides a parolee with procedural safeguards that can be aggressively enforced by competent counsel. A parolee, for example, is entitled to a probable cause hearing where the parole officer must establish probable cause to further detain the parolee. Beyond the probable cause hearing, the parole is entitled to a final revocation hearing where the parolee is accorded the rights of cross-examination and compulsory process to subpoena witnesses and present favorable evidence.

Final revocation hearings are akin to trials. Enduring the rigors of this process without the guiding hand of aggressive counsel will certainly enhance one’s chances of being found guilty of the violation and being returned to prison.

Do not go at it alone.

POST CONVICTION RELIEF

Simply stated, criminal convictions often result in prison sentences and extensive probationary requirements. Families serve these sentences with their loved ones. Despite having made poor decisions, all is not lost. When it comes to criminal appeals, when there is a will, there is a way.

A. Post Plea/Verdict

Whether someone has erroneously pleaded guilty or a jury has found someone guilty for the wrong reasons at the conclusion of a trial, all is not lost if one acts quickly. Most fail to realize that our rules of procedure provide for a second and better opinion.

Those who have pleaded guilty for the wrong reasons may move prior to sentencing to withdraw the plea with our assistance as new counsel. Even after a jury verdict, a motion for a new trial can be made based on cumulative legal error during the trial including the original lawyer’s ineffective assistance.

1. Direct Appeal to Appellate Division

A criminal appellate lawyer must thoroughly examine the trial transcript for trial errors affecting one’s right to a fair trial. Successful criminal appellate advocacy requires extensive substantive legal knowledge combined with a critical eye and dogged determination. Writing a winning criminal appellate brief can mean the difference between a family serving a life sentence and the return to normal life.

Having gained a wealth of appellate experience as appellate prosecutors and having argued before the Appellate Division, we feel confident that we are the right team for handling these delicate matters.

2. Post Conviction Relief (“PCR”)

For the most part, petitions for post conviction relief contend that prior counsel rendered ineffective assistance under the Sixth Amendment. Most fail to realize that to prevail on an ineffectiveness claim, one must find that proverbial “needle in the haystack” to satisfy the exacting legal standards which govern ineffectiveness claim. Nevertheless, success, with the right team of lawyers, can be obtained.

Consultations are free and appointments are available daily.

To speak with an experienced Criminal Law or Juvenile Defense attorney immediately call us toll free at 1–800–923–3456 or contact us to discuss your legal matter today.

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