Defendant Makes Tactical Decision to Inform Trial Court and Prosecutor that He Will Not Testify and the Next Day Informs the Court That He Wants to Testify and Wins.

Whether it was a tactical decision or just a change of mind, but in the recent case decided by the New Jersey Supreme Court, State v. Cullen the defendant’s belated change of mind gave him a reversal of his conviction and a new trial.

In this case Mr. Cullen at the close of the prosecutions case the defendant was asked in open-court as to whether he would assert his right to remain silent or testify on his own behalf.  The defendant informed the judge that he had elected not to take the stand on his own behalf.  Because it was the end of the day, the case was adjourned for the following morning for summations.  In the morning Mr. Cullen told his attorney and judge that he had changed his mind.  The judge refused to allow Mr. Cullen to testify citing that the trial would be delayed.  The jury convicted him on all counts. 

The New Jersey Supreme Court reversed the conviction holding that every defendant has the fundamental right to testify on his own behalf and that a delay in the trial was an insufficient reason to eviscerate that right.  Whether made Mr. Cullen truly had a change or mind the next day, or made the tactical decision not to inform the court his true desires so that the prosecutor would not prepare for the cross-examination that night, we will never know.  Nonetheless, this case is a good holding for the defense because it appears to allow the defendant to assert his right to testify at the last minute.

If you are charged with a crime or disorderly person’s offense it is highly recommended that you seek the legal advice of an experienced New Jersey Criminal Defense Attorney, the Law Office of Vincent J. Sanzone, Jr.

Law Office of Vincent J. Sanzone, Jr.

277 North Broad Street

P.O. Box 261

Elizabeth (Union County), New Jersey 07207

CriminalDefenseNJ.com

Office Phone No. (908) 354-7006

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Dated: October 3, 2012