New Jersey Court Rule 3:22-1 provides that any person convicted of a crime may file a petition for post-conviction relief within five years. If one files beyond that time frame, the rules allow for a relaxation of that five year time bar if the petitioner can demonstrate "excusable neglect" under N.J.R. 3:22-12. The difficulties associated with a fair and accurate reassessment of the critical events, years after their occurrence.
The need for achieving finality of judgments to allay the uncertainty associated with the unlimited possibility of re-litigation, thus strongly encouraging those believing that they have grounds for post-conviction relief to bring their claims swiftly, and discourages them from sitting on their rights until it is too late for a Court to render Justice.
The need for achieving finality of judgments to allay the uncertainty associated with the unlimited possibility of re-litigation, thus strongly encouraging those believing that they have grounds for post-conviction relief to bring their claims swiftly, and discourages them from sitting on their rights until it is too late for a Court to render Justice.
Services
About
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The Law Office of Michael Pastacaldi, LLC is a defense firm that is focused in the area of criminal and DYFS defense along with serving in other areas such landlord-tenant disputes in Hudson County, New Jersey. Although Mr. Pastacaldi's practice is located in Jersey City in Hudson County, he has represented clients throughout the state of New Jersey.
Attorney Profile
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Michael Pastacaldi is a graduate of Seton Hall University School of Law. While in law school, Mr. Pastacaldi served as a judicial extern to the Honorable Mark Falk, United States Magistrate Judge for the District of New Jersey. In addition, Mr. Pastacaldi worked part-time at a mid-sized law firm specializing in civil litigation in Hudson County.
Criminal Defense
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Mr. Pastacaldi was formally a law clerk in the Superior Court of New Jersey - Criminal Part. Since leaving his employment with the State, he has represented hundreds of criminal defendants in New Jersey. Mr. Pastacaldi is also a part-time Public Defender in Jersey City municipal court in which he has successfully represented hundreds of clients who cannot afford counsel.
Post-Conviction Relief
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Post-conviction (commonly referred to as "PCR") is the legal process by which an individual can seek to vacate a conviction or adjust their sentence. In Federal Court, it is defined as a Writ of Habeas Corpus and in New Jersey it is governed under New Jersey Court Rule 3:22. There are other grounds for relief, yet the grounds will vary on each individual's case.
Other Practice Areas
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Are you Seeking to evict a tenant? Mr. Pastacaldi represents landlords in this area of the law. In this day and age, it is difficult to be a landlord. Whether it is trying to collect rent or responding to tenant complaints, the strain of these obligations sometimes discourages individuals from owning income producing properties.
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