Return to Appellate Law
Return to Criminal Law

Our constitution guarantees the right of the accused to effective assistance of counsel.  Accordingly, our court rules provide a mechanism – the PCR petition -- by which the defendant can challenge his or her conviction based upon the ineffective assistance of trial counsel. Ineffective assistance of counsel can assume a variety of forms the most common of which are:

1. Incorrect legal advice
2. Failing to interview potential witnesses, failing to properly investigate the case, and failing to adequately prepare the defense
3. Failing to retain necessary experts
4. Failing to argue necessary pretrial motions
5. Failing to adequately cross-examine state’s witnesses or enter appropriate objections during the trial
6. PCR petitions are filed before the trial judge who presided over the trial. If the petition prevails, a new trial is awarded. If the petition is denied, this ruling can be appealed to the Appellate Division.

HIRE THE RIGHT LEGAL TEAM. DO NOT MAKE THE SAME WRONG DECISION AGAIN.

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.

B. Post Sentencing

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.
Whether by guilty plea or jury verdict, our criminal courts churn out convictions on a daily basis. Due to the No early Release Act (85% Rule), Brimage Drug Sentencing Guidelines, and Extended Term sentencing statutes, defendants today are faced with more prison time than ever.

At Garces & Grabler, our experienced criminal appellate team realizes that after a criminal conviction, with experienced and aggressive representation, ALL IS NOT LOST.

Success in the post conviction arena is based upon hard work, knowledge of law and procedure, tenacity, and experience.

Contact Us to discuss your legal matter today.