Legal Question in Criminal Law in New Jersey

Appeal Lawyer

My brother is serving 20 years in Rahway state prison and I obtained a highly recommended appeal lawyer for him almost 8 months ago. He told me that my brother has a great chance of winning but appeals are not so easy which I do know that. We agreed on $10,000.00 for the appeal, $5,000.00 up front and $500.00 in monthly payments. $10,000.00 was paid in full plus some but now I hear nothing from this lawyer, never in office, never picks up cell phone & never returns calls for several months. I finally get a hold of him to ask him whats going on and he says he needs $2,400.00 more for court transcrips which he told me months ago that it was $1,000.00 and that was also paid. He acted like he didn't even know about the case and said he would call me back when something comes up. What should I do here? I definetely need help with this and for the appeal.


Asked on 6/04/04, 3:49 pm

2 Answers from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Appeal Lawyer

You do not have to stay with one attorney if you feel that he is not handling your case (your brother's case) properly. If you do retain a new attorney, you can contact the court's fee dispute committee and try to get at least a partial refund of the money you paid. In addition to this, there are time limits for doing everything in an appeal, and if these time limits are not met the appeal may end up being dismissed. If you can arrange an appointment with this lawyer, you should demand to see the filed copy of the notice of appeal. If you cannot pin him down to schedule an appointment, you can meet with another lawyer and have him call for you, in the hopes that professional courtesy will prevail. I am an attorney who has done criminal appeals in the past in New Jersey. My office is in Union County, as is Rahway prison. Please cll me at 908-272-0111 to discuss your brother's case. There is never any charge for a consultation on a case. Thank you. Sincerely yours, Roanld Aronds, Esq.

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Answered on 6/07/04, 8:48 am
Gary Moore Gary Moore Attorney At Law

Re: Appeal Lawyer

Something may be very wrong. Appeals must be filed within forty-five days following the sentencing of the defendant in a criminal matter. In order to filed a notice of appeal the appellate attorney must certify that he has already ordered the transcript of the proceedings from which the appeal is being taken.

Ordering the transcript requires the payment of a deposit as estimated by the person who is to prepare the transcript. If the actual cost of the transcript exceeds the estimate upon which the transcript deposit was based the balance of the cost of the transcript must be paid to the preparer in order to obtain a copy of the transcript.

If there is an additional charge for the transcript the attorney should be able to provide the transcript preparer's request for the additional payment. Ask for a copy of the request for additional payment and a copy of the notice of appeal stamped "filed" by the appellate division.

You can call me.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 6/04/04, 4:14 pm


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