Criminal Appeal Lawyer NJ – Petition for Post-conviction Relief

Criminal Appeals, Petitions for Postconviction Relief, and Writs of Habeas Corpus

Hegge & Confusione also represents individuals seeking relief from criminal convictions and sentences. We've represented clients on direct appeal, in petitions for postconviction relief in state court, and in habeas corpus proceedings in federal court.

We've obtained relief for clients convicted of the most-serious crimes, including murder, kidnapping, armed robbery, theft, assault, sex offenses, criminal fraud, and drug distribution. Even where the evidence seems overwhelming, we're often able to identify one or two fundamental errors that undermined the trial process. We've had several cases overturned completely, and we've convinced the appellate court to modify sentences in many others.

We've litigated several important issues in this area, including:

the improper use of a mug shot at trial;
a defendant's right to offer expert testimony on battered women's syndrome to support duress and self-defense;
the trial court's obligation to charge lesser-included offenses;
the scope of double jeopardy protection under state constitutional law;
a defendant's right to present exculpatory evidence and cross-examine witnesses;
improper voir dire or removal of jurors during trial;
the impact of pretrial publicity on the right to a fair trial;
the right to an interpreter;
the requirement that a defendant be competent to stand trial or understand proceedings against him;
incomplete or missing jury instructions as violating a defendant's due process right to proof beyond a reasonable doubt;
prosecutorial misconduct;
the improper use of a defendant's prior convictions or bad acts;
the improper admission or use of prior inconsistent statements;
the admissibility of unduly prejudicial demonstrative or graphic evidence;
the improper admission of expert or lay opinion testimony;
denial of the right to effective assistance of counsel or the right to self-representation;
improper warrantless searches or seizures;
Brady violations;
violations of a defendant's right to remain silent under Miranda or improper use of a defendant's statement at trial;
improper consecutive sentences and sentencing presumptions;
violation of the separation of powers doctrine;
trial in absentia and waiver of the right to appear;
improper joinder of parties or charges;
motions for a new trial based on newly discovered evidence;
improper application of procedural bars in postconviction and habeas corpus proceedings;
invalid guilty pleas; and
motions to reduce or change a sentence or manner of confinement.

Please contact us to learn more about how we can help you.