License Suspension or Custodial Sentence May Be Imposed on Defendant Convicted of Careless Driving In the Appropriate Case.

The New Jersey Supreme Court ruled in State v. Palma that the municipal court may impose a license suspension and/or a jail term on a defendant convicted of careless driving pursuant to N.J.S.A. 39:4-96, but only if the judge identifies aggravating circumstances from evidentiary sources from the record.

The court held that the seven factors set forth in State v. Moran, a case dealing with reckless driving can be used in deciding whether to impose a jail term and/or license suspension for a conviction for careless driving.  The Moran factors are: (1) nature and circumstances of the defendant’s conduct; (2) defendant’s driving record; (3) whether the license suspension would impose a hardship on the defendant and his dependents; (4) need for personal deterrence; (5) driving cause property damage or personal injury, (6) any other factor the court determines to be relevant; (7) whether the character and attitude of the defendant indicate that he or she is likely or unlikely to commit another violation.

New Jersey Appellate Court Reverses Manslaughter Conviction Because of Prosecutorial Errors During Opening Statement

Prepared as a Public Service by the Law Office of Vincent J. Sanzone, Jr., Esq.

In State v. Land, the appellate division opinion written by Judge Fisher reversed a first degree aggravated manslaughter and possession of a weapon for unlawful purpose convictions when the prosecutor in its opening statement cited facts and testimony of a witness which the prosecutor had reason to believe would not be testifying in the case.

Nonetheless the prosecutor knowing this, recited facts during her opening statement that could only be testified to by the unavailable witness.  The appellate division did not buy the State’s argument that the prosecutor was not sure that the witness would not testify.  In fact, at the time of trial, although the witness was granted immunity, refused to testify at trial, and none of the facts which the prosecutor claimed would come in through this witness never came in.

The appellate division held that even if the comments during the opening were made in good faith, and coupled with the fact that their was less than overwhelming evidence of guilt, the court was constrained to reverse the conviction . 

This case stands for the proposition that criminal defense counsel must listen carefully to prosecutor’s opening statement and make the appropriate objects at trial, and if necessary, on appeal.

Law Office of Vincent J. Sanzone, Jr.

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Municipal Courts in New Jersey Must Provide Court Records, Files on All Municipal Court Cases

Prepared as a Public Service to the People by Attorney Vincent J. Sanzone, Jr., Esq.

New Jersey Court Rule 1:38 and Administrative Office of the Courts Directive No. 15-05 requires that the public have access to all municipal court records which include tape recordings of all court proceedings upon request by any party.

Many local municipal courts will hesitate to furnish these records and audio recordings but the law is clear, they must produce records of all court proceedings upon request. 

Interesting website on workings of local government can be found at www.njrandomgovt.blogspot.com.

Your decision in choosing a New Jersey criminal defense lawyer is important, make that choice wisely.  I invite you to look at the proven results of Attorney Sanzone. CriminalDefenseNJ.com

Law Office of Vincent J. Sanzone, Jr., Esq.

P.O. Box 261

277 North Broad Street

Elizabeth (Union County), New Jersey 07207

Tel: (908) 354-7006

YourCivilRights@gmail.com

Court Reverses Conviction Holding Identification of Defendant By His Large Penis by Victim was Prejudicial

Prepared as a Public Service by the Law Office of Vincent J. Sanzone, Jr., Esq.

In State v. Pena, Mr. Pena received some good news when the appellate division held that testimony of a prior case regarding Pena’s penis was prejudicial.  In this case Mr. Pena was charged with first-degree sexual assault when it was alleged that he inserted his finger inside her.  In this case the victim, E.D. claimed that she could identify him based among other things on the abnormally big penis. 

At trial the defendant presented pictures of his 4-inch penis and argued that in fact he had not an abnormally large penis but an abnormally small one.  Initially, the trial judge ruled that the pictures were not relevant, but on interlocutory appeal, the pictures were admitted at trial. 

Unfortunately, at trial the trial judge also allowed the prosecutor to introduce evidence regarding a prior lewdness conviction in which Mr. Pena’s seize was an issue.  In that case the witness reported that while erect Mr. Pena’s penis was 8” in length. 

The appellate division reversed the conviction holding that the trial court misapplied and did not make proper findings as to why the other crimes 404b evidence should have been admitted.  Because it appeared from the record that the trial judge allowed the evidence to refute the defendant’s contention that he had a small (identity) penis. 

This reversal seems to be of questionable validity since 404b evidence can be introduced to prove identity, and at first glance it appears that the trial judge made a correct call.   Obviously, this conviction did not sit well with the appellate division panel and hence, this is what they hung their reversal on.  

Law Office of Vincent J. Sanzone, Jr., Esq.

P.O. Box 261

277 North Broad Street

Elizabeth (Union County) New Jersey 07207

Tel: (908) 354-7006

CriminaldefenseNJ.com