Criminal Trial

Criminal trials are designed to uphold justice and protecting individual rights. U.S. Criminal trials operate under an adversarial system, where the prosecution and defense present their cases and argue their positions before a neutral judge or jury. There are two main types of trials: jury trials and bench trials. In a jury trial, the jury decides the verdict. In a bench trial, the judge decides the verdict.

When facing a criminal trial. What to keep in mind when facing a criminal trial:

  1. Right to a Fair Trial: The defendant has a constitutional right to a fair and impartial trial, which includes the right to an attorney, the right to confront witnesses, the right to present evidence in their defense, the right to remain silent, and the right to a speedy trial.
  2. Presumption of Innocence: The defendant is considered innocent until proven guilty.
  3. Burden of Proof: The prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” This is the highest standard of proof in the legal system.
  4. Role of the Judge: The judge oversees the trial, ensuring that the proceedings follow legal procedures and that the rights of both parties are respected. The judge may also rule on matters of law and, in some cases, decide the sentence if the defendant is found guilty.
  5. Role of the Jury: In many trials, a jury of peers is responsible for evaluating the evidence and determining the defendant’s guilt or innocence. The jury’s decision must be unanimous in most jurisdictions for a conviction.
  6. Presentation of Evidence: Both the prosecution and the defense present evidence and call witnesses to support their case. Evidence must be relevant and admissible under the rules of evidence.
  7. Opening Statements and Closing Arguments: Both sides make opening statements to outline their case and closing arguments to summarize their evidence and persuade the jury.
  8. Cross-Examination: Each side has the opportunity to cross-examine the opposing side’s witnesses to challenge their credibility and the validity of their testimony.
  9. Legal Standards and Definitions: Understanding legal terms, standards of proof, and specific charges is crucial. For example, different crimes have different elements that must be proven for a conviction.
  10. Sentencing: If the defendant is found guilty, the judge determines the appropriate sentence, which may include fines, probation, imprisonment, or other penalties. Sentencing guidelines vary by jurisdiction and the nature of the crime.
  11. Appeals Process: If a party believes there were legal errors during the trial, they may appeal the decision to a higher court. Appeals do not involve re-litigating the facts but focus on whether legal procedures were followed correctly.

Why Smaller Boutique Firms Outshine Larger Firms in Criminal Defense

A recent survey of 2023 rates from top firms reveal attorney hourly rate increases of 8-14%.  Notably, top partner rates now range from $2,100 to $2,720 an hour. The bottom partner rates from $1,025 to $1,995 per hour.  Even more telling, first year associates, those lawyers who have just passed the Bar exam and [...]

By |2024-08-22T10:57:51-04:00February 14th, 2024|Categories: Criminal Appeals, Criminal Charges, Criminal Defense Law Firm News, Criminal Investigation, Criminal Trial, White Collar Criminal Defense|Comments Off on Why Smaller Boutique Firms Outshine Larger Firms in Criminal Defense

Representing Students in University Hazing Disciplinary Proceedings

By Robert G. Stahl and Laura K. Gasiorowski Universities around the country have been aggressively investigating hazing. These investigations have been propelled by several tragic events that have resulted in fatalities or serious injuries usually resulting from excessive alcohol consumption. New Jersey Governor Phil Murphy signs “Timothy J. Piazza’s Anti-hazing Law” Most university [...]

By |2024-11-25T14:54:15-04:00June 21st, 2023|Categories: College, Criminal Charges, Criminal Investigation, Criminal Trial, Education Law, Hazing, NJ Superior Courts, Penalties, University|Comments Off on Representing Students in University Hazing Disciplinary Proceedings

More Junk Science – Bitemark Analysis

For years, courts around the country have admitted “expert” testimony on bitemark analysis. These so-called experts have opined that bitemarks on human skin, often presented in sexual assault and murder trials, are distinct and “match” the defendant’s dental records. A new comprehensive federal report from the National Institute of Standards and Technology (NIST), still [...]

By |2022-10-19T14:43:50-04:00October 19th, 2022|Categories: Criminal Charges, Criminal Discovery, Criminal Investigation, Criminal Trial, Discovery, Due Process|Comments Off on More Junk Science – Bitemark Analysis

DOJ Reaffirms Aggressive Prosecution of Corporate Crime

Last fall Deputy Attorney General Lisa Monaco announced the Department of Justice’s more aggressive approach to corporate compliance. In her policy speech this week, she highlighted a series of new policies and warned cooperating companies not to slow walk their disclosures, told prosecutors to speed up their investigations and expanded self-reporting programs throughout the [...]

By |2022-09-21T09:52:36-04:00September 16th, 2022|Categories: Asset Forfeiture, Business Fraud, Criminal Appeals, Criminal Charges, Criminal Investigation, Criminal Trial, Search and Seizure, White Collar Criminal Defense, White-Collar Crime Penalties|Comments Off on DOJ Reaffirms Aggressive Prosecution of Corporate Crime

A Federal Restitution Order Leads to Garnishment of the Defendant’s Bank, Retirement and Stock Accounts

Courts uphold federal government’s ability to seize a convicted defendant’s 401(k) accounts to satisfy an Order of Restitution after a conviction at trial or a guilty plea.

By |2024-08-20T10:19:30-04:00September 1st, 2022|Categories: Asset Forfeiture, Business Fraud, Conspiracy, Convictions, Criminal Charges, Criminal Investigation, Criminal Trial, Falsifying Documents, Federal Computer Fraud and Abuse, Federal Courts, Federal Plea & Sentencing Mitigation, Fraud Charges, Money Laundering, Penalties, Search and Seizure, Securities Fraud|Comments Off on A Federal Restitution Order Leads to Garnishment of the Defendant’s Bank, Retirement and Stock Accounts

Cyber Fraud – Romance Scams on the Rise

Cybercrimes – hacking, phishing, ransomware and the like - are well-known to every user of the internet. We are bombarded weekly with emails and texts claiming that we need to update our passwords, personal profile, and the like. Now comes the rise of what has been called “romance scams”. The typical scheme starts with a [...]

What to Do When Federal Agents Come Knocking

It’s 6 a.m. or 8 p.m., your doorbell rings and two people are standing outside holding up their badges and credentials.  They say they are Special Agents with the FBI or IRS and would like to talk with you for just a few minutes about something important.  They ask if they could come in [...]

Attorney General Garland’s Emphasis on White Collar Crime

U.S. Attorney General Merrick Garland announced that the Department of Justice (DOJ) is planning a hiring spree to investigate and prosecute pandemic related fraud and traditional white collar crimes. President Biden’s budget seeks $3.5 million to hire an additional 120 prosecutors to focus on pandemic related fraud and $325 million for 900 additional FBI [...]

By |2022-09-21T09:55:44-04:00March 10th, 2022|Categories: COVID, Criminal Charges, Criminal Investigation, Criminal Trial, Fraud Charges, Healthcare Fraud, Indictment, Pandemic, White Collar Criminal Defense, White-Collar Crime Penalties|Comments Off on Attorney General Garland’s Emphasis on White Collar Crime

Health Care Prosecutions by DOJ’s Fraud Section

In addition to the 93 U.S. Attorney’s Offices around the country that investigate and prosecute health care fraud, the Fraud Section of the Department of Justice’s Criminal Division based in Washington D.C. has approximately 76 federal prosecutors devoted to such prosecutions. This DOJ Unit targets complex health care fraud involving illegal prescription, distribution and diversion [...]

Choosing the Right Attorney – What You Should Ask in the First Consultation

When someone is being investigated or charged with a criminal offense, it is one of the most stressful and unnerving times of the person’s life. It is common to feel overwhelmed and uncertain about who to hire and what to ask in the initial consultation with a criminal defense attorney. Below are some tips [...]

By |2024-08-20T10:31:46-04:00January 25th, 2022|Categories: Attorney-Client Privilege, Criminal Charges, Criminal Trial, NJ Superior Courts, Privacy, White Collar Criminal Defense|Comments Off on Choosing the Right Attorney – What You Should Ask in the First Consultation
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