How to Defend Your Criminal Case in New Jersey Superior Criminal Courts.

Prepared for the People as a public service by the Law Office of Vincent J. Sanzone, Jr.

Most people have watched the reality show, “The First 48-Hours”, in which the theme of the show is the necessity of law enforcement to solve the crime in the first 48-hours of the alleged crime.  Statistics show on average that if the crime is not solved within the first 48-hours, the chance of capturing a suspect goes down with each passing day.

The reason for this is that witnesses’ memories fade, evidence is lost or destroyed; important and essential witnesses’ disappear or cannot be found because they have left the area. 

Although not all crimes are solved within this time frame, most are.  Unfortunately, law enforcement is not always right and sometimes charges the wrong person.  Most people are not aware (more than we will admit) that a percentage of the people who are actually charged are innocent.  The rule is in law enforcement, once a person is charged with a crime, the investigation stops and the file is closed.

Just as it is important for law enforcement to attempt to get a jump on the crime within 48-hours in the attempt to solve the crime, it is even more important for an arrested individual to retain an experienced New Jersey Criminal Defense Attorney to begin to conduct his own investigation to determine whether law enforcement has gotten its facts right.  Also, it is important that the suspect obtain an attorney to send/fax various evidence preservation letters to the law enforcement agencies that investigated the crime, or the place or jurisdiction where the alleged crime took place to prevent law enforcement from destroying evidence. 

For example the City of Jersey City Police Department has a policy, which is illegal and against state law, to destroy dispatcher communication audio tapes after 30-days, even when there is pending criminal case or quasi-criminal case which is evidence and relates to the case.  However, Jersey City Police Department, like many other towns and cites in New Jersey continue to violate state law and tape-over and/or destroy these audio tapes, thus making it difficult to prove that the officer lied as to what happened, e.g., motion to suppress, eluding case, etc.

Therefore, it is mandatory that someone charged with a crime or serious motor vehicle offense retain an experienced NJ Criminal Attorney to investigate and immediately put law enforcement on notice that they are not to destroy valuable evidence, evidence which often exculpates and proves that the suspect is in fact innocent.

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

P.O. Box 261

277 North Broad Street

Elizabeth, N.J. 07207

(908) 354-7006

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