Motion & Appellate Practice

Motions and appeals can be the difference between going home and going away, sometimes for a very long time or even the rest of your life.

Whether you are charged in federal, state or municipal court, the difference between winning and losing is quite often dependent on your criminal attorney’s ability to spot a legal issue, but more important, capitalize on that issue by having the talent and experience to exploit the potential mistake through motion or appellate practice. Again, knowing what to do and actually having a track record of successfully doing it are two very different things.

Schiller McMahon’s former prosecutors have litigated thousands of motions and appeals in the past decade, including bail motions, which can be immediately filed by our attorneys and heard within days.

Bail Motions

Schiller McMahon recommends contacting the Firm to handle all of your bail issues, because if you choose to handle the bail issue yourself, several problems may arise. First, you may spend exponentially more money than you otherwise would have; second, you may not get the money returned; and, third, it may adversely impact you or your loved one’s case.

Seasoned, experienced, highly-skilled former prosecutors know that bails are often illegally and improperly set, and we are very often able to either save our clients tens of thousands of dollars or, if bail is to be expended, at the conclusion, our client’s family can have the bail money returned.

Pre-Trial Motions

Schiller McMahon’s attorneys are also experts in all manner of pre-trial and trial motion practice, including probable cause motions pursuant to New Jersey Court Rule 3:4-3; Miranda motions to suppress oral statements; motions to suppress physical evidence; motions to suppress out-of-court or in-court identifications, commonly known as Wade or Henderson motions; motions to dismiss, often based on Prosecutorial misconduct or an improper presentation before the Grand Jury.

If you or your loved one has unfortunately been convicted of a crime, contact Schiller McMahon today to discuss post-verdict motions to set aside the jury verdict; motion for a new trial based on newly found evidence; or a motion to change someone’s custody status, so that a person can be moved from a State Correctional Facility to a Drug Rehabilitation Treatment Facility.

Appeals

Likewise, if your loved one has been unjustly convicted, and mistakes and errors do happen with regular frequency, contact us to discuss a direct appeal; petition for post-conviction relief (PCR); or, federally, a writ of habeus corpus.