Legal Question in Criminal Law in New Jersey

motion for retrial

is there a statute of limatations for making a retrial motion based on ineffective counsel


Asked on 1/06/07, 1:32 pm

3 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: motion for retrial

It seems like you want to file a motion for Post Conviction Relief. The normal standard of limitations on that is 5 years. If it is over that, there is a slight chance you can still get in but it is close to impossible but still worth taking a shot at.

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Answered on 1/06/07, 1:59 pm
Gary Moore Gary Moore Attorney At Law

Re: motion for retrial

No.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/06/07, 3:42 pm
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: motion for retrial

This is called a 3.850 and contrary to what the other answers say the time limit is 2 years by rule. I am presently doing 4 such cases.

Scott H. Cupp

Law Office of Scott H. Cupp, LLC

West Palm Beach, FL

"Handling criminal cases across Florida for 20 years"

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Answered on 1/06/07, 4:27 pm


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