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Motion for Post-Conviction Relief

Reopening Criminal cases in New Jersey

In New Jersey, a person that was convicted of a crime can file a petition for Post-Conviction relief with the municipal court administrator of the County in which the conviction took place.

Generally, a motion for Post-Conviction Relief cannot be filed more than five years after entry of the judgment of conviction sought to be attacked.

There are only limited grounds for filing a petition for Post-Conviction Relief, such as:

  • substantial denial in the conviction proceedings of the defendant's Constitutional rights;
  • lack of jurisdiction of the court to impose the judgment rendered on defendant's conviction;
  • imposition of an excessing sentence or a sentenced imposed not in accordance with the law.

When a person is in custody, a motion for Post-Conviction Relief is filed to vacate the original conviction and seek release from custody. Those that have already been released from custody can file a motion for Post-Conviction Relief as well, especially when collateral consequences of the conviction arise.

The most common and serious collateral consequence of a serious criminal conviction is removal from the United States for undocumented immigrants or even immigrants admitted for Lawful Permanent Residency (Green Card holders). According to U.S. Immigration laws, only criminal convictions that have been vacated are considered as never occurred.

Contact a New Jersey Appeals Lawyer

At Bertollini & O'Reilly, we have experience handling criminal appeals as well as motions for Post-Conviction relief. Our law firm offers excellent appellate advocacy and a strong understanding of U.S. immigration laws.

If you want to schedule a free initial consultation with one of our Attorneys, please contact us by telephone of by filling out a case evaluation form.

(212) 566-3572