Right to a Fair Trial

In the recent New Jersey decision in State v. O'Brien, the Court held that the Defendant was not provided a fair trial as the judge indicated, in front of the jury, a disbelief of the Defendant and his expert witness and indicated his support of an adverse witness.

One of the rights to which a criminal defendant is guaranteed is that of a fair trial. This is one of the most basic tenets of our legal system and must not be abrogated under any circumstances. In spite of the foundataional importance of this right within our legal system, as evidenced by the facts of State v. O'Brien, it is sometimes overlooked.

The trial process is complex as it requires that evidence be set forth in a specific manner whereby each piece of evidence or bit of testimony establishes the foundation for the next. Objections must be made, if appropriate, relating to matters of evidence as well as the questioning of witnesses by attorneys. Entering into this process without full knowledge thereof is beyond difficult and is the very reason why one is entitled to counsel in any trail in which he or she may be substantially deprived of liberties. Anyone facing a matter in court should seek the assistance of counsel in order to ensure that their right to a fair trial, as well as other legal rights, are preserved.

If you have any questions regarding your rights or need legal representation visit HeatherDarlingLawyer.com.

Recent NJ Domestic Violence Cases Indicate Changing Tides

The Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq. was created in order to protect those placed in danger due to their domestic relationships. Because domestic violence was so widespread, and the consequences potentially serious if the offending party was not stopped, most allegations of domestic violence, no matter how minimal or tenuous, resulted in a restraining order against the alleged perpetrator. Although the statutes continue to serve their intended purpose for those actually needing help, over their years in existence, the statutes have also been abused as a weapon in order to gain advantage in legal matters including divorce, to tarnish reputations causing long-term legal implications and restrictions on liberties, or to remove a spouse or other resident from a home but continue their liability for expenses of said residence. Due to an ever increasing abuse of the domestic violence statutes for wrongful purposes, more recent decisions by the courts in New Jersey indicate a trend away from freely granting restraining orders without actual evidence that the behavior of the party against whom the restraining order is sought actually rises to the level required for protection under the domestic violence statutes.
The consequences of a finding of Domestic Violence against a party can be serious and permanent. Those accused of acts of domestic violence should seek counsel immediately in order to protect their rights and insure that a Final Restraining Order is not issued due to a lack of representation.
For more information or representation go to HeatherDarlingLawyer.com

Expediency

One of your rights in the Court system is a speedy trial. An important reason to be sure one has the benefit of a speedy trial is the preservation of evidence. Whether someone parked in a no parking zone because a sign was missing and they were unaware of the restriction or something much more serious, such as a 911 tape during a home invasion, it is important to preserve any and all evidence which will benefit the accused (Exculpatory Evidence).

Exculpatory evidence comes in many forms including, but not limited to, witnesses, video surveillance tapes from a bank or store, EZ pass information, blood or urine, samples of substances claimed to be narcotics, 911 tapes, video of DUI stops and arrests, voice mail messages, text, e-mail and many other forms.

Exculpatory evidence must be provided by the prosecution to the defense but it is imperative that an accused inform his or her legal counsel of all exculpatory evidence they are aware of immediately. Not only is it important in creating a theory of the case upon which legal counsel will try to exonerate the accused but it is urgent that such evidence be preserved for use in negotiations or trial. The longer the time lapse between the event in question and the defense attorney learning of the exculpatory evidence, the more likely it becomes that the evidence will be lost or altered.

Upon notification of any possible action in the legal system, an appointment should be made with counsel and all possible exculpatory evidence should be disclosed to counsel immediately in order that the best possible outcome be obtained for the accused.

Benefits of Counsel

Often times an individual will attend Court anticipating that the justince system will insure fairness on his or her behalf. To some degree this is a correct assumption however, people are also entitled to either have counsel of their own choosing, or in some cases, if they cannot afford same, they are entitled to have counsel appointed for them. Unless an individual is quite knowledgeable in the area of law involved in their matter, particularly their rights and privileges, these rights and privileges may be violated resulting in an unfair result. By way of example, although most judges in New Jersey make it a procedure to read a statement of rights to all parties in a courtroom prior to beginning any court proceedings, this is a very basic statement and will not afford an individual the knowledge required to avoid self-incrimination, disadvantageous guilty pleas, or other unfavorable results. It is always in the best interest of an individual who will appear in court to at least consult with counsel prior to such an appearance.

Criminal Appeals and Pleas

When a defendant enters a conditional guilty plea to an offense yet reserves a right to appeal aspects of the matter it is important to consider the scope of issues which may be raised on appeal. For example, a conditional guilty plea to burglary based on a motor vehhicle stop resulting in the observance of a police officer of burglary tools or stolen items in plain view in which the defendant reserves only the right to appeal whether police had reasonable suspicion of a motor vehicle offense sufficient to justify a stop. This conditional plea would not allow for defendant to raise for the first time on appeal his argument that the burglary tools or stolen items should have been suppressed because the police lacked probably cause for the motor vehicle stop. When considering an appeal one must always consider that issues not raised below and preserved may not be raised on appeal.

For more information on criminal matters please visit www.HeatherDarlingLawyer.com

Property Settlement Agreements

When preparing a Property Settlement Agreement parties to a divorce action must be sure to contemplate not only existing circumstances but also anticipated circumstances. In light of today's economic uncertainty it is common for Alimony, Child Support, and Custody and Visitation to be revisited as parties find themselves without jobs, accepting different jobs with hours that limit or expand the time they have to parent, or even moving to different parts of the country in order to obtain jobs. People who find themselves in any of these situations may find themselves looking to a Judge to determine whether they are entitled to modifications of alimony, child support, custody, parenting time, or other circumstances sucha s relocation with the children. The clearer the Property Settlement Agreement is on the matters in question, the more likely it is that the Judge hearing your matter will agree with the specified terms as a contemplated agreement between the parties. If the Property Settlement Agreement is silent on the matters in question then the Judge will have to look to statutes and case law to guide him or her in making a decision and that decision may not be what you would have bargained for.

Please visit www.HeatherDarlingLawyer.com for more information on the factors a Judge would use in making such decisions.

Facebook

When posting to Facebook, whether it's a photograph or written statement, please be aware that this matter WILL be viewed by those wishing to view your page. If you are applying to a school or a job, seeking an elected or appointed position, those who are reviewing your credentials may see the information you have posted. Think about how a potential employer would feel toward hiring you if certain pictures of you were posted. In a criminal investigation, if all of your pictures are with the co-defendants in your case, it is likely to aid the prosecution in making their case before the jury. It is fun and easy to use Facebook and MySpace in order to communicate with family and friends but remember that they are not the only ones reading what you post.