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- 27 December, 2016
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- 3 December, 2016
Middlesex New Jersey Criminal Defense Lawyer
With over one hundred years of combined criminal defense and litigation experience, the attorneys at the Law Offices of Jonathan F. Marshall represents clients charged with criminal possession of a weapon, aggravated assault, marijuana possession, and cocaine distribution throughout New Jersey including in Woodbridge, Old Bridge, New Brunswick, and Edison. Contact our experienced criminal defense lawyers for a free initial consultation at (732)246-7126.
Stages of a Criminal Case: Trial
If a plea agreement cannot be reached with the State, the defendant has a right to a trial. It is important to hire an experienced criminal defense lawyer who is ready and willing to take your case to trial if necessary. Under the New Jersey Constitution and the US Constitution, the defendant is entitled to a trial by jury. Generally, the right to a jury trial applies to all criminal acts where the penalty involved is six (6) months or more of incarceration if convicted. In New Jersey, these matters are handled at the Superior Court level. Anything involving six (6) months or less of incarceration is known as a Disorderly Persons Offense in New Jersey and will be handled at the local Municipal Court level.
The right to a jury trial can be waived by the defendant if the court approves. If the judge grants this request, the judge tries the case in what is known as a “bench trial”. Moreover, the defendant has the right to be present during all stages of the trial process, including jury selection. Once all twelve jurors and any alternates are selected, the jury is sworn and the trial begins. The trial includes opening statements, the prosecution’s case in chief, the defendant’s case and presentation of evidence to the court, and closing statements. The jury then deliberates and returns a verdict of “guilty” or “not guilty” to the court.
Contact the experienced attorneys and former prosecutors at the Law Offices of Jonathan F. Marshall with any questions or concerns that you have at (732)246-7126.