The Best Thing to Do If You Are Contacted By the Police to Discus a Criminal Matter.

Prepared by the Law Office of Vincent J. Sanzone, Jr., a New Jersey criminal defense attorney.

Most people would be shocked at the number of people who voluntarily speak to the police when confronted about their possible involvement in a disorderly person’s offense, traffic offense or crime.

Most people are under the false impression that they can talk their way out of being charged or arrested for a crime which they may or may not have committed.

The theory which most people hold, is that their explanation, or side of the story, will convince law enforcement that they are mistaken.  Whether or not, this is true, means little to the questioning officer.  In other words, the suspect being questioned never knows, or is never told by the police officer, whether the suspect is the person who they believe committed the crime, and convinced of the suspect’s guilt.  In that case, no matter what he or she says, he or she will be arrested after he or she speaks.  Stated differently, the interrogating officer holds all the playing cards and the officer will not reveal his cards, or what he is thinking.  Most suspects erroneously believe that by speaking to the officer that the officer will reveal his thoughts and evidence against him.  This is simply false, and the experienced interrogating police officer understands this.  Therefore, the suspect being interrogated will gain absolutely nothing by presenting the suspect’s side of the story.

Of course, it goes without saying, but some stupid suspects believe that they can male it up as they go along.  Not only is this a crime under federal law, intentionally lying to a federal law enforcement is a federal crime, but stupid because most suspects do not have a photographic memory and will not remember what facts they told 10-minutes prior, if asked the same question differently again.

In summary the best way to handle any questioning by law enforcement is to simply state to any law enforcement office that seeks information from you regarding your possible involvement in a crime, disorderly person’s offense or serious traffic infraction is the following:  “At this time I have decided to consult with my criminal defense attorney before I proceed further with any further questions.” 

In summary the best practice when faced with an allegation by law enforcement is to assert your constitutional right to remain silent under the Fifth Amendment to the United States Constitution. This constitutional right is yours, do not give it away.  For further information on criminal defense in New Jersey go to: criminaldefensenj.com

Law Office of Vincent J. Sanzone, Jr.

P.O. Box 261

277 North Broad Street

Raymond Building

Elizabeth, N.J. 07207

Office Phone: (908) 354-7006

Cell Phone:   (201) 240-5716

Dated: February 20, 2015

CriminalDefenseNJ.com

The Post-Conviction Relief (PCR) Motion an Analysis of New Jersey Criminal Law, Through the Michael Skakel Case.

A service to the people as a public service from the Law Office of Vincent J. Sanzone, Jr., Esq.

Defendant Michael Skakel was indicted for the murder of Martha Moxley in Connecticut in 1975.  Twenty-seven years (2002) later Mr. Skakel was convicted of the crime and has been incarcerated ever since.  In spite of legal fees and costs paid to his defense attorney Michael Sherman in the amount of approximately, $1,200,000.00 (one-million two-hundred thousand dollars).

On October 23, 2013 the Honorable JTR Bishop ruled that Attorney Sherman’s representation was deficient and ineffective and thus, Mr. Skakel was entitled to a new trial. 

The opinion of Judge Bishop is very informative and educational not only for the experienced criminal defense attorney, but also for individuals charged with crimes because it is a text book example of a “high profile” or “marquee defense attorney”, who simply didn’t know the law, did not adequately prepare for trial, and simply didn’t do his homework, as stated by Judge Bishop.

Judge Bishop made a number of finding of facts and conclusion of law which demonstrated that Attorney Sherman’s representation was substandard and therefore denied Mr. Skakel his Sixth Amendment to effective legal representation and a fair trial.

Although the court held that Attorney Sherman had made many trial errors, the court focused on the following five major errors.

First, there was overwhelming evidence that was in possession and knowledge of Attorney Sherman regarding the third-party culpability of Mr. Skakel’s older brother, T. Skakel.  However, instead of arguing to the jury that there was evidence that T. Skakel committed the murder and not his client, Attorney Sherman decided to argue and present evidence that someone else probability committed the murder, notwithstanding, that there was no credible evidence that this person was involved.  The court held that if the jury had heard this evidence at the trial (culpability of T. Skakel) that there was a likelihood that the jury would have harbored reasonable doubt as to the defendant's guilty, and the resulting verdict would have been different.

Second, that Attorney Sherman failure to locate and present the testimony of an alibi witness for the defense was likewise ineffective.  This witness was a powerful witness and Attorney Sherman should have known the existence of this witness because his identity was testified to by another witness in the grand jury proceedings.  Again, if the jury had heard this testimony the resulting verdict would have been different.

Third, that Attorney Sherman knew or should have known with reasonable diligence of two witnesses whom would have refuted the alleged confession that Mr. Skakel had allegedly made to a key state witness Gregory Coleman.  The court held that Attorney Sherman’s “failure of judgment borne of an undeserved confidence in the impact of his cross-examination of Coleman ... This failure of judgment prejudiced the petitioner.”  Therefore, the court held that because these witnesses did not testify there is a reasonable likelihood that the outcome of the trial would have been different. 

Fourth, Attorney Sherman’s failure to provide expert testimony that any alleged admissions made by Mr. Skakel while a patient in the intensive inpatient drug rehabilitation facility (Elan Facility), should not be used for the truth.

Fifth, Attorney Sherman’s failure to attempt to rebut the prosecution’s allegation that Mr. Skakel engaged in recent fabrication of his story by asserting that he had masturbated on the victim prior to her murder because he was afraid that the recent discovery of DNA would have linked him to the crime and murder.  However, the truth was that Mr. Skakel had stated to state investigators in 1987 that he had masturbated on Ms. Moxley, four to five years before any law enforcement agency knew how to apply DNA testing to a crime scene investigation.

In summary this is a text book case of a high priced attorney who dropped the ball.  If you are faced with a serious crime you should consult a New Jersey Criminal Defense Attorney who will fight for your defense.

Arrested or Charged with A Crime by the Middlesex County Prosecutor's Office

Arrested or charged with a crime or disorderly person’s offense in

Middlesex County, Superior Court, New Brunswick, N.J. 

Of course not every defendant who is charged with a crime in Middlesex County has his or case dismissed by the Middlesex County Prosecutor’s Office, or obtains a not guilty verdict after a jury trial.  In fact, the percent of these defendants’ who obtain such results are small compared to the percentage of defendants who accept pleas or obtain not guilty verdicts.

Nonetheless, these facts should not deter someone accused of a crime in Middlesex County to give up.  Statistically, it has been proven over and over again, that the defendant’s who retained experienced criminal defense counsel are more likely to obtain a not guilty verdict, dismissal of his or her case, or a favorable plea.  Ultimately such results do not come easy, and such results are obtained because the attorney handling the case has a reputation in the criminal defense community of knowledge of the law, proven trial experience, and preparation of the case, which includes independent investigation of the case, which includes interviewing potential witnesses.

If you have been charged with a crime of disorderly person’s offense in Middlesex County you should consult Attorney Vincent J. Sanzone, Jr. (CriminalDefenseNJ.com) who has a reputation in Middlesex County for hard work and successful results.

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

P.O. Box 261

277 North Broad Street

Elizabeth, N.J. 07207

Tel.     (908) 354-7006

Cell     (201) 240-5716

CriminalDefenseNJ.com