Jury Selections are Open to the Family and Public

The trial judge cannot bar the public or family members or friends from criminal jury trials during jury selections, and if so, calls for automatic reversal.

The New Jersey appellate division has held repeatedly that barring the public from the court room, even during jury selections is impermissible and calls for an automatic reversal in the event of a conviction.  In numerous occasions, criminal convictions have been reversed when this happens.  State v. Cuccio, State v. Clark Simon, (which was a case which I tried and was reversed for this reason by the appellate division) to name a few.

Rule 1:8-3(g) provides that the trial judge must allow the public access to the court room during all stages of the proceedings.  The rule provides in pertinent part:

(g) Jury Selection Must be Conducted in Open Court. Subject to (1) and (2) below, the public must be provided reasonable access to the courtroom during the jury selection portion of the trial. (1) Exclusion of Public from Courtroom; Compelling Reasons; Alternatives. The trial judge may not exclude the public from the courtroom unless there is a compelling need to do so. In making that determination, the trial judge shall first consider reasonable alternatives, such as holding jury selection in a larger courtroom, if one is available. If there are compelling reasons to exclude the public from the courtroom, the judge shall consider alternative ways to permit observation, including electronic means. The trial judge shall issue a statement of reasons for limiting or denying public access to jury selection. (2) Voir Dire of Individual Jurors. The requirement of public access.

Prepared as a public service by the Law Office of Vincent J. Sanzone, Jr., Esq. Fighting for the criminal accused for 29-years.

Arrested on the Beach-Sandy Hook, National Parks, and Gateway National Parks of Sandy Hook, Highlands, New Jersey

Prepared as a Public Service to the People by the Law Office of Vincent J. Sanzone, Jr., Esq.

Summer is approaching and the ferry service from New York City to Sandy Hook Federal National Park is approaching with thousands of visitors from New York arriving every weekend.

Many visitors, however, are unaware, that this federal beach is patrolled by the National Park Police and that this law enforcement agency has a zero tolerance for inappropriate and illegal conduct.  This is especially true for visitors of Gunnison Beach (“the nude beach”).  Although the park service has permitted this clothing optional beach for decades, going back to when Sandy Hook was a federal army base, the park police will not tolerate public lewd conduct (36 C.R.R. 7.29c), the possession and use of illegal substances such as marijuana and other illegal substances, sexual contact and other disorderly person’s offenses. 

In the event that you have been arrested on this federal national park you will be prosecuted in the Federal District Court, located in Newark, New Jersey.  The attorneys representing the government will be assistant United States Attorneys, who are experienced in prosecuting these types of crimes or disorderly person’s offenses.  If the case is classified as a disorderly person or misdemeanor case it will be heard before the magistrate judge who is assigned part-time to handle all of these cases.

The Law Office of Vincent J. Sanzone, Jr., has 24-years of experience in representing people accused of disorderly persons offenses and federal misdemeanor offense in this federal park.  In many of those cases Attorney Sanzone has been able to get the cases dismissed outright for lack of evidence, or successfully convinced the assistant United States Attorney to allow the offender to be admitted into the federal diversionary program, in which case the offender, would have no criminal record after successfully completing the program.

These types of cases, especially, the public lewdness cases pursuant to 36 CFR 7.29 are difficult and if arrested for this charge you are urged to contact an experienced attorney in this area of criminal practice. 

Some Sandy Hook Results:

United States v. M.C., Dismissal of lewdness charge.

United States v. S.Z., Charged with Marijuana possession. Order of Dismissal entered after successful completion of Pretrial Diversion Program, under Rule 48(a).

United States vs. V.A. Charged with Lewdness. Order of Dismissal entered after successful completion of Pretrial Diversion Program, under Rule 48(a).

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

Sandy Hook Lawyers, Sandy Hook NJ Attorneys, New Jersey Sandy Hook Criminal Attorneys