Legal Question in Criminal Law in New Jersey

my fiance was sentence to 10 years for a robbery in 2002 what is his chance of an appeal?

he was arrested in new york he sign fo an extradition 3 times never was brought to nj until the 4th one can i appeal his conviction? what chances do i have?


Asked on 9/27/10, 4:29 am

1 Answer from Attorneys

Ronald Aronds Law Office of Ronald Aronds, LLC

It depends upon when he was convicted as to whether he can appeal at all. Normally you have 45 days after your conviction for you to appeal your sentence. If this is not done, then within 5 years of your conviction you can file a different type of appeal called a Post Conviction Relief petition. If it has been more than five years since your boyfriend was convicted then he is out of time for appealing. If he was sentenced to 10 years back in 2002 then he should be eligible for parole either at this time or soon, depending upon the sentence stipulations, since it is already 8 years after 2002 and even the most severe sentence would only have a stipulation of 85% of the sentence needing to be served.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 10/03/10, 5:23 am


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