The Appellate Division in State
v. Duprey ruled that a criminal defendant in a criminal case can use the
testimony of the accuser in a domestic violence final restraining order trial
to impeach the testimony of the accuser at the criminal trial.
The Superior Court
Appellate Division in Duprey recently ruled that the Sixth Amendment to
the United States Constitution requires that every defendant has the right to
impeach the accuser with his or her prior contradictory or inconsistent
statements in any subsequent criminal trial, notwithstanding the language found
in N.J.S.A. 2C:25-29(a).
However, this case does
not appear to interfere with the defendant’s right to testify in his or her
domestic violence restraining order trial, and fear that what he or she says
would be used against him or her in a subsequent criminal trial. In other words, testimony given by a
defendant in a domestic violence trial can not be used against the testify
defendant.
Therefore, it is
recommended that transcripts be ordered of the accusers’ testimony even if the
court denies the final restraining order because the testimony might be
relevant in a future proceeding.
Defending someone against
a domestic violence charge is a civil proceeding and not criminal. However, many of the trial skills needed to
defend such a client are similar to those used by experienced New Jersey criminal defense attorneys.
Therefore, if you are served
with a temporary restraining order and must appear in court for a final hearing
you are urged to contact the Law Office of Vincent J. Sanzone, Jr., Esq.
A charge of domestic
violence or violating a domestic violence restraining order (a criminal charge)
in New Jersey is a serious matter and can have serious
consequences with obtaining and keeping employment.
If you are charged with a
domestic violence complaint you are urged to seek experienced competent legal advice
from Attorney Vincent J. Sanzone, Jr., who has been representing and defending
for 23 years individuals charged with these types of offenses.
Attorney Sanzone a Union
County criminal defense attorney, has successfully represented hundreds of
individuals charged with domestic violence in Union, Bergen, Essex, Hudson,
Middlesex, Mercer, Ocean, Passaic, Monmouth and Somerset counties.
Law Office of Vincent J.
Sanzone, Jr.
Elizabeth, N.J.
Tel. No. (908)
354-7006
Dated: October
1, 2012
New Jersey Domestic Violence Attorney, New Jersey Domestic violence lawyers, NJ defending against the domestic violence case, criminal defense domestic violence attorney
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