Legal Question in Criminal Law in New Jersey
Can a restitution order be appealed? My wife was ordered to pay restitution of $10,000 based on an appraisal of a piece of jewelry. The appraisal was only a hypothetical appraisal, not an original, and there was no lab report or receipt for the item.
1 Answer from Attorneys
yes, but you only have a limited time within which to file an Appeal, if the Order was entered as part of the senetnce in Municipal Court, you only have 20 days to file what us known as a De Novo Appeal to the Superior Court, if the order was part of the Judges sentence in County Court (which is superior Court) you have 45 days from the date that the sentence was imposed, with few exceptions if you fail to file your Appeal within the statuatory guide lines you will barred from pursuing an Appeal. If the sentence was imposed in Municipal Court, there is a packet that the Court can provide which expalins how to Appeal. There is also or should be an information pamplet at New Jersey Courts on Line which explains the steps for pursuing an Appeal in Superior Court to the Appellate Division, if you choose not to consult a lawyer.
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