Sunday, February 13, 2011

Criminal Trial Techniques; Police Fabricated Testimony.

The Municipal Court Cop Trick; How To Put Him Back In the Bag.

A police officer testifying for the State is often trapped into a hole during cross-examination by defense counsel, and like a rodent, he decides to take the offensive and attacks, with the fabricated sentence, such as, “... and the defendant admitted that the marijuana was his.”

Wow, what a shock for defense counsel; a glaring admission by the defendant, and not one word of this “alleged confession”, stated in the police report. How many defense attorneys have been caught in this trap; only later to scratch their head in disbelief.

Well this cop trick is easy to neutralize by defense counsel sending a pretrial letter to the prosecutor requesting that any admission of the defendant be disclosed to the defense prior to trial, so that the defendant, if necessary can file a Miranda Motion or Rule 104 Hearing to determine the statements admissibility.

When the cop attempts to make the make believe admission during direct or cross, defense counsel can object citing the no prior disclosure was made to defense counsel, thus denying the defendant’s opportunity to file a Miranda Motion and/or 104 Hearing to determine its admissibility and suppress the statement.

Remarkably, even a municipal court judges, will sustain this type of objection.

Wednesday, February 2, 2011

Never Disregard an Expungement Order; Even on an Employment Application?

Recently a county prosecutor in Somerset County, New Jersey was charged with knowingly flouting and expungement order in a brief opposing the defendant's motion to suppress. N.J.S.A. 2C:52-30 makes it a disorderly person's offense in New Jersey for knowingly flouting an expungement order.

An order expunging the record of a past criminal conviction is a great tool to give a person a fresh start in life and obtain employment. The question arises do employers have the right to ask if an applicant ever had a conviction expunged? It appears the answer to that question is no; because first, the applicant would be flouting the expungement order, and the law; and second, the applicant has the right not to incriminate himself, which that question clearly asks the applicant to do. That is, commit a disorderly person's offense, and than admit to such offense.

These thoughts and comments contained in this blog are for educational and/or intellectual purposes only, and in no way reflect or to be construed as legal advice, legal opinion, in any pending or future civil or criminal matter by Attorney Vincent J. Sanzone, Jr. For further legal advise you are asked to consult the Law Office of Vincent J. Sanzone, Jr., Esq., and schedule a legal consult.

Vincent J. Sanzone, Jr., Esq.
CriminalDefenseNJ.com
(908) 354-7006