No, a defendant’s right to have an attorney present during interrogation is guaranteed by both the Fifth Amendment to the U.S. Constitution and the landmark U.S. Supreme Court case Miranda v. Arizona. Accordingly, any statements made during the interrogation of a defendant in custody may be admissible as evidence only…
Jury instructions are directions from a judge to the jury that provide guidance in their deliberations to reach a verdict. These instructions are meant to help jurors understand the applicable laws and how they should assess the facts of the case. Sadly, there are instances where such instructions are flawed…
The process of criminal pretrial discovery, which involves an exchange of information between parties, is guided by specific rules and limitations. Protective orders, for example, may limit what information is provided to the opposing party or to whom such information may be provided. Although restricting information may seem like a…
Voir dire, which means “to speak the truth” in French, also refers to the examination of prospective jurors to determine whether or not they are suitable for jury service. During this jury selection process, a judge may ask standard questions to excuse anyone deemed incapable of serving on a jury.…
Yes, as held in State v. Sims, if the Court determines that the waiver was not signed knowingly, intelligently and voluntarily then that waiver is considered ineffective and the defendant’s Fifth Amendment Rights can still be violated. The right against self-incrimination is guaranteed by the Fifth Amendment to the United…
Yes, if the court conducts a thorough analysis of the factors listed in United States v. Burton and those factors favor denial of Defendant’s request. In March of this year the New Jersey Supreme Court dealt with this very issue in the context of a murder trial. In State v.…