Defendant’s Right to Remain Silent at Sentencing In Municipal Court

It has been a custom is many municipal courts in New Jersey for the judge to turn to the defendant at the time of sentencing and ask the defendant as to his prior driving history.

This often occurs in the context DWI sentences, in which the prosecutor will inform the court that a search of the defendant’s abstract does not reveal any prior driving while intoxicated offenses.  Often the court will than turn to the defendant, whose represented by counsel, rather that is correct, and whether the defendant has been convicted of any DWI offenses in this or any other state. 

I am surprised that in many cases the defense attorney does sits quite without objecting to this line of questioning by the judge.  The defendant at the time of sentencing does not give up his 5^th amendment right to remain silent.  Pursuant to N.J.S.A. 2B:25-5.1 it is the prosecutor’s obligation to research the defendant’s prior driving record and report that information to the court.  Neither, defense counsel, or the defendant has any obligation to waive his  Fifth Amendment right to remain silent, or for the attorney to violate his attorney client privilege with his client to the court.

This blog is prepared as a public service by the Law Office of Vincent J. Sanzone, Jr., Esq., and is not intended to provide any specific legal opinion or advice to anyone reading this blog.

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

P.O. Box 261

277 North Broad Street

Elizabeth, N.J. 07207

CriminalDefensenj.com

Yourcivilrights@gmail.com

 

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Amendments to Graves Act Call for No Mandatory Minimum Sentences for Possession of BB, Air Guns or Spring Guns.

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

The law which increased mandatory minimum sentences for people in possession of an assault firearm as defined in N.J.S.A. 2C:39-5(f), has also eliminated mandatory minimums for people convicted of possession of BB, air-guns and spring-guns.  The elimination of mandatory minimums also applies to people in possession of a shot guns or rifles without first obtaining a permit N.J.S.A. 2C:39-5c(1). 

The purpose of the law it would seem is to give the court some discretion in sentencing first time offenders who are caught with possessing firearms in their home.  Many law abiding people have inherited firearms from family and friends which they keep in their homes without having applied for a firearms purchaser identification card.

Before anyone pleas to such an offense you must consult an attorney to find out whether you have a viable suppression motion in the seizure of the firearm.  This is especially true if the firearm was seized without a search warrant from your home or motor vehicle, or as a result of an alleged domestic violence complaint, and subsequent search.

If you are charged with a firearms charge in Union, Essex, Middlesex, Hudson, Bergen, Passaic, and Somerset Counties you must seek the advice of an experienced New Jersey Criminal Defense Lawyer.

Quote of Day:  "It is not a unity of religion we seek but a union of religious people. We may not be able to meet in the same pew, but we can meet together on our knees (as Christians [or all people of good will]"  Archbishop Fulton J Sheen.