The Appellate Section is responsible for researching and writing all the briefs, motions and petitions filed by the Bergen County Prosecutor's Office in the New Jersey Appellate Division and Supreme Court, the United States District Court, the Third Circuit Court of Appeals and the United States Supreme Court. The section also handles de novo appeals to the Law Division from convictions in the municipal courts.
The majority of our appellate level work is directed at upholding final convictions, but we also file interlocutory appeals from decisions involving motions to suppress evidence, to dismiss counts of the indictment or other circumstances in which we believe the trial court has erred.
The Section also writes briefs and provides legal advice on major prosecutions and novel issues at the trial level. In addition, in some cases, the Section drafts proposed jury instructions, provides legal advice and assists on trial level briefs. We frequently are also consulted for advice on active investigations. Other significant functions of the Appellate Section include oral arguments at the trial and appellate level, providing advice to the Prosecutor and First Assistant Prosecutor on legal questions, training law enforcement officers and municipal prosecutors and overseeing legal interns.