NJ Criminal Defense | NJ Criminal Defense Blog

12Jan/100

4 Things To Keep In Mind When You Are Arrested

If you have recently been arrested you may not be in a good position to deal with everything that is happening. There are some things you should keep in mind in order to avoid making mistakes.

4 Suggestions For An Individual To Consider During An Arrest:

Sometimes an individual does things while they are under arrest that can damage the ability to mount an effective criminal defense. It's a good idea to keep some things in mind while you are being arrested. Consider staying away from the following mistakes if you are in the situation:

1. Running Or Resisting Arrest - Resisting arrest or running from the police can lead to even more charges beyond the initial offense. You are better served cooperating with the police.

2. Keeping Silent Is Your Right - Mouthing off or talking back during an arrest can be used against you. In fact, anything you say can be used against you. Trying to talk your way out of the situation can be damaging and could result in statements that are used against you in court.

3. You Shouldn't Attempt To Talk Your Way Out Of Trouble - When people try to talk their way out of trouble, it doesn't work very often. You are better served to remain silent and go with the police without resisting. Sometimes and officer will notate on the arrest report that you were argumentative. This can have a negative impact on the way a judge or others look at you.

4. Not Taking The Matter Seriously - Anytime you get arrested, it is a serious matter. Make sure you talk to a lawyer and take the necessary steps to resolve your issue.

After your arrest, don't take risks with harming your case. Connect with a New Jersey criminal defense lawyer who can help you through the legal process.

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4Jan/100

Newark Man Seeks Lost Evidence To Clear Name

In 1987, Newark resident, Stephen Brooks turned down an offer of seven years in prison in exchange for admitting he attacked a woman. Despite pleas by his family, he maintained his innocence and was convicted and sentenced to 50 years in prison.

Having now served 22 years he now is trying to bring in DNA evidence that he says will prove he is innocent of the crime. However, police and prosecutors say this evidence no longer exists.

"I don’t regret not taking that plea," said Brooks, now 53, in a recent interview from East Jersey State Prison in Avenel. "You can’t make a deal for something you didn’t do."

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11Dec/090

New Jersey accomplice liability law: Conviction for Felony Murder Based Solely on after-the-fact Concealment?

In a recent case before the New Jersey Supreme Court, the issue was raised whether, under New Jersey’s accomplice liability law, a jury can convict a defendant of robbery and felony murder based solely on defendant’s after-the-fact conduct aimed at concealing the murder weapon and hindering the apprehension of the robber.

The Court held that the defendant could not be found guilty as an accomplice of robbery and felony murder unless he shared the principal’s intent to commit the theft before or at the time the theft or attempted theft was committed. Because the prosecutor improperly advised the jury that it could convict defendant of robbery and felony murder solely on the ground that he aided in the robber’s escape, even if he did not participate or assist in any way in the attempted theft or killing, the Court ordered a new trial.

You can read the Court's full opinion here.

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