Articles Tagged with Hudson County

jersey-city-criminal-sentencing-judge-1In New Jersey, a criminal defendant’s right to a jury trial is guaranteed by both the Sixth Amendment to the United States Constitution and the State Constitution. The principles of fairness and justice are encompassed in the roles assigned to the judge and the jury. The jury, otherwise known as the “finder of fact,” is tasked with determining what happened in a specific case and how those facts are relevant to the legal proceeding. The judge, otherwise known as the “trier of law”, is tasked with making legal rulings and ensuring that legal proceedings adhere to specific guidelines.

However, there are instances in which courtroom actors confuse the role they must play.

In State v. Melvin and State v. Padden-Battle , the Defendants were sentenced by the same judge who overlooked a jury’s acquittal and made decisions based on their own “fact-finding”.

In New Jersey judges and prosecutors take very seriously when an individual is charged with Driving While Intoxicated.  Nonetheless, certain defenses do exist that can be beneficial to a defendant at trial or during negotiations with a prosecutor.  This article explains two of those defenses.

Operation:

Often times when a client begins a consult at our law office they are totally unaware that an incredibly straightforward defense exists to their case.  That defense is often times related to the most basic proof that the prosecutor bears the burden of establishing: that the Defendant actually operated and/or had the intent to operate their vehicle.

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