Who Can Appeal:

There is no Prosecutor/Plaintiff or Defendant in an appeal. The person who is requesting the appeal is called the Appellant and the opposing party is called the Respondent. So, who can appeal?

In a civil case, either party, the plaintiff or the defendant, may appeal to a higher court. In a criminal case, usually only the defendant has a right to an appeal in most states.

If a municipal (local) law was broken, then the trial court’s decision may be appealed to the criminal division. If a state law was broken, then the trial court decision starts in the criminal division and may be appealed to the NJ Court of Appeals, then possibly to the Supreme Court of New Jersey. After appealing their case through the state courts, a defendant may file a writ of habeas corpus in the federal courts to show that their federal constitutional rights were violated.

In federal courts, the process starts in the trial courts, also called the district courts, whose decisions may be appealed to the appellate courts, and finally, though rarely, the Supreme Court of the United States. Appellate courts, including the Supreme Court, can refuse to hear an appeal, in which case the trial court decision stands.

Appeals require an extensive and thorough understanding of laws and legal processes, so it is best to get a lawyer. In New Jersey, an attorney must represent businesses that want to file an appeal.