Archive for March 2013

NEW JERSEY CRIMINAL LAWYER APPEALS CONVICTIONS FOR FAILURE TO REGISTER UNDER MEGAN’S LAW AFTER INITIAL PLEA IS VACATED

In 1995 the defendant, then age 17, pleaded conduct that as an adult would have constituted first-degree aggravated sexual assault on a 12-year-old. The defendant was subject to Megan’s Law and in 1998 pleaded guilty to the charge of failure to register and was sentenced. In 2000 the defendant again violated the registration requirement. The following year the defendant violated probation and incurred new charges.

The defendant wrote to the prosecutor seeking to have his 1995 plea vacated because he was not informed of its Megan’s Law consequences. After consultation with the victim and defense counsel, the plea was vacated. The defendant’s New Jersey criminal attorney then moved to have his convictions for failure to register vacated.

The Appellate Division ruled that there was no basis for vacating the defendant’s failure to register convictions under Megan’s Law after vacation of his plea to a Megan’s Law offense.

Contact New Jersey criminal attorney John F. Renner for more information regarding your rights.

Legal Quote of the Week:

[Appeal:] In law, to put the dice into the box for another throw”

Ambrose Bierce, The Devil’s Dictionary, 1906

NEW JERSEY CRIMINAL LAWYERS EXAMINE RULING ON RESTRICTIONS OF “QUESTION FIRST, WARN LATER” CONFESSIONS MADE BY NEW JERSEY SUPREME COURT

On August 18, 2004 the defendant was arrested by police on outstanding arrest warrants. Investigators questioned the defendant for three hours at the police station in Maple Shade, not realizing that the defendant had not been read his Miranda rights. After a cigarette break the police issued the defendant a Miranda warning. A police statement claimed that that, at that time, the defendant waived his Miranda rights and confessed to his charges. Later, the defendant claimed that he confessed because he felt threatened and coerced; and that the officer who supervised him during the break urged him to confess because he told him that his fingerprints were found at the scene and an eyewitness had identified him.

A New Jersey criminal attorney representing the defendant moved to suppress the defendant’s confession. The Trial judge denied the motion because he found the officer’s testimony credible over the defendant.  The Appellate Division remanded for further presentation of evidence on the defendant’s confession.

After the remand hearing evidence was provided to show that the defendant’s waiver of rights was voluntary. The State Supreme Court held that the trial judge correctly denied the motion to suppress claiming the defendant made no incriminating statements prior to receiving his Miranda rights and afterwards the defendant voluntarily waived his rights.

To learn more about the criminal process in state and federal courts of New Jersey, visit the website of New Jersey criminal attorney John F. Renner, Esquire.

Legal Quote of the Week:

“Like a rough orator, that brings more truth

Than rhetoric, to make good his accusation”

Phillip Massinger, Duke of Florence, 1627