Category Archives: Trial Procedures

NJ appeals court reverses eluding conviction based on inappropriate jury instructions

On appeal from a Middlesex County court decision, the New Jersey Appellate Division recently reversed an eluding conviction due to faulty jury instructions. The case, State v. Padilla-Bustamante, arose when the defendant pulled over at a gas station in New … Continue reading

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Burden of proof at trial

The burden of proof at a criminal trial is on the prosecution to prove that the defendant is guilty beyond a reasonable doubt. This means that in order for the defendant to be convicted, the prosecution must exclude all reasonable … Continue reading

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Why criminal defendants should consider not taking the stand

The Fifth Amendment of the United States Constitution gives a criminal defendant the right to choose whether to testify at trial. It is common for criminal defendants to want to take the stand and tell their story to the jury. … Continue reading

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Extended term sentencing in New Jersey

Extended term sentencing in New Jersey is a mechanism by which a judge has the discretion to extend an individual’s sentence beyond the penalties normally associated with the conviction when certain circumstances exist. When a person is convicted of a … Continue reading

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Insanity defense in New Jersey

The gunman who allegedly shot and killed two people and left another person critically injured at the St. Thomas Syrian Orthodox Knavana Church last November will defend his case on grounds of insanity. The gunman was the estranged husband of … Continue reading

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Juvenile sentencing proceedings

The juvenile sentencing procedure is a difficult time for most parents because it is when the course of the child’s future is determined. An experienced New Jersey juvenile defense attorney will be able to shed further light on the following … Continue reading

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The benefits of plea bargains

A recent news article demonstrates the benefits that a plea bargain can provide. The article reported that a Bethlehem man was sentenced to at least two months in prison for fondling a 14 year old girl. The man’s named is … Continue reading

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What is a juvenile disposition hearing?

When a juvenile is found guilty or pleads guilty at trial, the case is scheduled for a juvenile disposition hearing, which is a hearing in which the juvenile’s sentence is determined. The juvenile disposition hearing must take place within a … Continue reading

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What constitutes “no contact” in New Jersey?

If a person is ordered by a court not to contact another person, does filing a grievance against that person amount to a violation of that order? This is the question a New Jersey Superior Court must resolve on Monday … Continue reading

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New Jersey man opts for pretrial intervention program

New Jersey’s pretrial intervention program (PTI) is something you should always ask your attorney about. It is a forgiveness program offered mostly for first time offenders in which criminal or municipal charges are put on hold for one year. If … Continue reading

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