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.
P.O. Box 261
277 North Broad Street
Elizabeth, New Jersey 07207
Office: (908) 354-7006
Cell: (201) 240-5716
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