Substituting Juror After Deliberations Start is Error

Defendant was convicted of murder, possession of a weapon for an unlawful purpose, unlawful possession of a weapon and hindering apprehension. Defendant appealed his conviction on the grounds that an alternate juror was seated after more than 6 days of deliberations. The importance of an impartial jury cannot be overstated. The right to a jury made up of disinterested citizens is a critical component of the criminal justice system. Although a judge is expected to be an impartial trier of fact and the prosecutor is charged with the duty of fairness in the prosecution of a defendant, they are nonetheless employed by the very system seeking to convict the defendant. In a matter so important as to deprive a defendant of liberty and opportunity fairness and impartialilty is critical and cannot be deemed met by the substitution of an alternate juror who may be easily influenced by others advantaged by 6 days of deliberations. This fact is especially evident when the jury, which had been previously deadlocked for 6 days prior to the substitution, found the defendant guilty on the fourth day of deliberations after the substitution. The court, in State v. Ross, found the mere fact that the jury was instructed to start over with deliberations when the alternate juror was substituted for an ill juror does not rise to the level of fairness defendant is entitled to when facing such substantial charges. Little will have a more serious impact on your life than a murder charge. If you are facing serious criminal charges you should seek an experienced attorney immediately to protect your rights. For more information on criminal matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

When Juveniles May Be Tried As Adults in NJ

Most NJ juvenile matters are under the jurisdiction of the Family Court. Upon satisfaction of the probable cause standard, prosecutors can obtain waiver of juveniles 14 or older to adult court if the juveniles commit certain enumerated crimes. In the case of juveniles ages 16 and 17, there is no right to present evidence of a reasonable prospect of rehabilitation outweighing the reasons supporting waiver to an adult trial. In a recent case in which juveniles seeking revenge were charged with murder, aggravated assault, conspiracy and attempted murder were fighting transfer from the Family Part to adult court, probable cause under the waiver statute was re-affirmed by the court as "a well-grounded suspicion or belief that the juvenile committed the alleged crime. " The court further held that if the state presents evidence, with reasonable inferences, that leads to a well-grounded suspicion that the juvenile committed one of the enumerated crimes then the probable cause for waiver standard is satisfied and the juvenile's matter may be transferred to an adult trial. Juvenile matters are extremely sensitive in nature as they may result in a criminal record which destroys the hope of certain educational and employment opportunities for the remainder of the juvenile's life. If your son or daughter is facing criminal charges, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on juvenile criminal matters including municipal court matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

NJ Senate Passes Mandatory 25 years to Life for Aggravated Sexual Assault of Child Under 13

On October 4, 2012 the New Jersey Senate passed "The Jessica Lunsford Act". This Act modifies N.J.S. 2C:14-2 to require a mandatory minimum sentence of 25 years for the aggravated sexual assault of a child under 13. The intent of the sponsors of the bill is to punish those committing the "repugnant" crime of sexual assault of a young child by denying such "monsters" the opportunity to re-offend. The Legislation was passed 7 years after the brutal rape and murder of 9 year old Jessica Lunsford of Florida. The bill was sponsored by Senators Steve Oroho (R-Sussex), Tom Kean, Jr. (R-Union) of and Diane Allen (R-Burlington). The "Jessica Lunsford Act" is now before Governor Chris Christie for final approval. Sex offenses bear penalties which will affect you for the rest of your life, even if you reach a plea agreement that may seem favorable at first glance. If you have been charged with a sex crime you should consult an experienced criminal defense attorney immediately in order to protect your rights. For more information on criminal law matters, including municipal court matters, in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.