In practicing criminal law in New Jersey for the last 21 years in federal, state and municipal court it is without any doubt that the best way to win your case outright, or get the best possible results for your client, especially in municipal court practice is the necessity with virtually ever case that pretrial motions be filed and that these motions be filed with the first appearance letter to the court.
In almost every criminal case in municipal court whether it be a driving while intoxicated case or controlled dangerous substance case in an automobile it is essential that the attorney file a number of pretrial motions. In almost ever case I file the following motions.
First, and foremost, is the motion to suppress evidence based on the officer’s unlawful stop of the automobile or unlawful search. In most cases local police officers after they have stopped a motor vehicle take it upon themselves to search the vehicle, and do so without probable cause. Of course such behavior runs contrary to law. They do this because they are ignorant of the law or simply are too lazy to obtain a judicial warrant. In addition, often the reason for the stop is pretexual and the motion should be filed on that basis as well. If the prosecutor is honest and understand the law he or she will often dismiss the matter even before the matter reaches the judge.
The second motion is for a speedy trial. This motion is filed to put the court and prosecutor on notice that the defendant is requesting a speedy trial and object to the constant adjournments by the court and police who fail to appear for trial time and time again. In most cases if the officer knows that he has failed to follow the law or engaged in other type of police misconduct he will continually fail to show-up for trial, hoping that the defendant and his or her attorney will give up because of the high costs of coming to court over and over again. Also, this motion will allow defense counsel to ask the judge that the case be set down for a trial or dismissal after the first or second no-show of the cop, or adjournment request by the prosecutor.
The third motion is to compel the State to supply all discovery by a date certain as to unable the defendant to have his or her speedy trial. Of course the defendant cannot proceed to trial unless defense counsel first obtains the police discovery.
The fourth motion would be exclude any alleged confessions, admissions, or statements made by the defendant which is not set forth in the police reports. Often police officers who are trapped on cross-examination will blurt out during testimony (never in the police report) that the defendant admitted to possessing the drugs, or some other type of false admission. Of course, the admission is never in the police report but the police officer will attempt to get it in when he knows his testimony and case is going down the drain.
Of course there are many more motions that can be filed depending on the case and evidence and it is important that anyone charged with an offense in municipal court seek and consult an experienced criminal defense attorney regarding all the possible motions and defenses which might be available for his or her case.
Attorney Sanzone a Union County criminal defense attorney, has successfully represented hundreds of defendants in Newark, Elizabeth, Jersey City, New Brunswick, Irvington, East Orange, Orange, West Orange, Linden, Rahway, Bayonne, Passaic, Brick, Toms River, and almost every other town in the State of New Jersey
Law Office of Vincent J. Sanzone, Jr.
Elizabeth, N.J.
Tel. No. (908) 354-7006
Dated: September 24, 2011
