The Filing of a New Trial Motion Based On Newly Discovered Evidence

Of course not all jury trials result in a not guilty verdict.  In fact, depending on the county in which the trial takes place, not guilty verdict as to all counts are rare.  In federal court the chances of an acquittal are even more rare.  Stating this truth is not meant to dissuade a defendant who decides to exercise his constitutional right under the Sixth Amendment to the United States Constitution.  Even after a guilty verdict the sentence imposed by the judge at the time of sentencing might even be lower than the plea offer of the prosecutor.  This is often the case in counties in which there is an extremely high conviction rate, and the county prosecutors believe that they run the courtrooms with their draconian plea offers.  Unfortunately, in some cases they actual do.  In those cases there is less downside risk of going to trial and taking your chances in having the jury make the call as to whether the State or Government has proved its case beyond a reasonable doubt.  In a recent case in Ocean County the defendant actually received four years less than the plea offer by the Ocean County Prosecutor’s Office after losing at trial.

Another avenue for the defendant is the filing a new trial motion after the verdict based on newly discovered evidence.  Although this motion is rarely granted, the defendant and his/or her attorney must be cognizant of discovering, if possible, any new evidence, if presented to the jury during trial, would have likely altered the verdict if known to defense counsel prior to trial.

Today, AttorneySanzone was granted a new trial motion in the Superior Court of New Jersey, Gloucester County.  In that case, defendant’s prior attorney was unaware that an essential witness withheld important evidence from the parties.  After reviewing the transcripts for appeal, it became clear that this witness appeared to know more than she had disclosed.  After a tape recording of her conversation with the defendant’s wife it was clear that her testimony if known to the jury, and if believed, would have acquitted the defendant since her testimony was convincing evidence that the alleged victim and lied, and had a strong motive to do so in this case.

A new trial motion based on newly discovered evidence as no statutory time limits and can be filed at anytime.

If you are charged with a serious crime you owe it to yourself and family to retain the legal services of an experienced NJ criminal defense lawyer.

Law Office of Vincent J. Sanzone, Jr.

P.O. Box 261

277 North Broad Street

Elizabeth, N.J. 07207

Office No. (908) 354-7006

Cell No.   (201) 240-5716

CriminalDefenseNJ.com

Dated: December 24, 2012

Best N.J. Criminal Defense Techniques: How to Win Your Criminal Case At Trial.

It is often asked of me, how does a criminal defense attorney win his or her criminal trial?  The answer to that question is obviously not easy to answer, because many factors and variables contribute to a not guilty verdict.  Unlike a sporting event, the best team does not always win.  In fact a criminal defense attorney can do everything legally possible and still lose the case.

However, having practiced criminal defense for 23 years I have come to learn that one of the most important factor in wining your case is preparation.  In reality criminal jury trials are not won in the courtroom, but rather, in the office.  What I mean by that is only by a thorough and complete preparation of the case prior to trial does one have a chance of wining his or her case.  This of course is no easy task because it means that the criminal defense attorney must devote countless hours in learning the discovery, the law, and the theme of your case.  Most importantly, one must devote countless hours thinking about the case and how best to defend his or her client within the legal and ethical confines of the law.

The second most important aspect of wining your criminal case is selection of the jury, and the aspect in which the criminal defense attorney has the least control is the selection of the jury.  It matters little at the end of the day, and it matters little in how much you have prepared your case, when you have selected a jury which is closed minded, prejudice or biased against your client.  If a jury is not open to the concept of reasonable doubt and the high standard which must be met by the government before they can find someone guilty, it matters little and there will be guilty verdict.  Unfortunately, although the selection process in the Superior Court of New Jersey is very arduous process often jurors that are biased and prejudiced do slip-by and are empanelled into the jury.  Sometimes potential jurors in the voir dire process will disguise their true feelings.  From my experience I am always cautious of a potential juror who seems to anxious to sit, and seems to willing to say the “right thing.”  These types of responses usually come from someone that has an agenda and wants to sit for a “reason.”  More often than not it is not to acquit your client.  Although of course the reverse can be true.  That is why it is important that someone looking to hire the best New Jersey criminal defense attorney for his or her case must choose an experienced criminal defense attorney who has tried enough cases to get the feel as which juror would be right for his or her case.  This skill only comes about with experience in picking many juries and listening to hundreds of potential jurors telling their stories and why they believe they would be fair and impartial juror and by carefully gauging their responses.  

I hope you have found my insights to helpful and of course, I wish you good luck, and that justice be done with your not guilty verdict.

Law Office of Vincent J. Sanzone, Jr., Esq.

CriminalDefenseNJ.com

P.O. Box 261

277 North Broad Street

Elizabeth, New Jersey 07207

Office:  (908) 354-7006

Cell:    (201) 240-5716